1905 SUPPLEMENT TO DEERING'S GENERAL LAWS CALIFOKNIA (Issued in 1903) The Amendments to the General Laws Enacted AT the Legislative Session of 1905, with Cita- tions OF THE Supreme Court of California, from Volumes 138 to 145, Inclusive, OF California Reports BY JAMES H. DEERING SAN FRANCISCO BANCROFT-WHITNEY COMPANY Law Publishers and Law Booksellers 1905 5" CJ15 \ SUPPLEMENT TO THE CODES AND STATUTES OF CALIFOIIXIA WITH CITATIONS OF DECISIONS ge:n^eiial laws ADULTERATION. ACT 35. To provide against tlie adulteration of food and drugs. [Stats. 1S95, p. 71.] This act is in full in the Appendix to the Penal Code, 1903, p. 557. Codified in part by amendment of Penal Code, adopted 1905. See Penal Code Supp., § 383, note. ADULTERY. ACT 49. Adultery, act to punish. [Stats. 1S71-2, p. 380.] This act appears in full in the Penal Code, 1903, Appendix, p. 560. Codified by amendment of Penal Code, adopted 1905. See Penal Code Supp., § 269a, note. AGRICULTURE. ACT 63. To provide for the improvement of the cereal crops of Cali- fornia and appropriating money therefor. [Stats. 1905, p. 128.] General Laws — 1 Acts 63, 178 SUPPLEMENT. 2 This act provided for investigation and experiments under the direction of the director of the agricultural experiment station of the University of California. ACT 63. An act making an appropriation for the erection and con- struction of buildings and equipping the fair grounds owned by or under the jurisdiction and control of the California State Agricultural Society, for exposition and state fair purposes and for the payment of other expenses incidental and relating thereto, prohibiting gambling of all kinds upon the grounds and premises under the control of said California State Agricultural Society, and providing a penalty for gambling or gam- ing thereon, and providing that certain moneys now in the state treasury may be used in connection with this appropriation for such purposes. [Stats. 1905, p. 793.] ANIMALS. ACT 178. An act to prevent the spread of contagious diseases among animals. [Approved March 20, 1905. Stats. 1905, 317.] Section 1. Any person having the care, custody or con- trol of any animal that dies from tuberculosis, glanders, farcy, Texas fever, or other infectious disease, shall imme- diately upon the death of such animal cremate or bury the same, or cause the same to be cremated or buried. Sec. 2. Any common carrier of persons or freight that shall transport any animal suffering with or that has died from the diseases, or any of them, mentioned in section 1 of this act a greater distance than is necessary to transport such animal to the nearest crematory, shall be deemed guilty of a misdemeanor. Sec. 3. No animal that has died of any of the diseases named in section one of this act, shall be sold, used or per- mitted to be used for the food of human beings or sold, used or permitted to be used for the food of any domestic animal or fowl. Sec. 4. Any person, firm or corporation that shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon a conviction thereof shall be pun- ished by a fine of not less than $50 and not more than $500, 3 GENERAL LAWS. Acts 179-283 or by imprisonment in the county jail for a term not exceed- ing ISO ilays, or by both such fine and imprisonment. Sec. 5. This act shall take effect immediately. ACT 170. To prevent the spread of contagions and infectious diseases among domestic animals. [Stats. 1893, p. 302.] This act is in full in the Appendix to the Penal Code, 1903, p. 571. Codified by amendment of Penal Code, adopted 1905. See Penal Code Supp., § 402d, note. ACT ISO. To protect domestic livestock from contagious and infectious diseases, to provide for the appointment and duties of officials to carry into effect the provisions of this act, and to provide an appropriation therefor. [Stats. 1839, p. 129.] Amended 1905, 423. This act created the office of state veterinarian. APPEEiSTTICES. ACT 213. Apprentices and masters, act relative to. [Stats. 1875-6, p. 842.] Amended 1880, 28. This act appears in full in Civil Code, 1903, Appendix, p. 668. Codified by amendments of Civil Code, adopted 1905. Sec Civil Code Supp., § 26-t, note. BANKRUPTCY AND INSOLVENCY. ACT 282. For the relief of insolvent debtors. [Stats. 1880, p. 82.] Amended 1891, 511; 1893, 45. Repealed 1895, 131. Supp. Cal. Rep. Cit. 141, 76; 141, 77. ACT 283. For the relief of insolvent debtors, for the protection of creditors afld for the punishment of fraudulent debtors. [Stats. 189o, p. 131.] Amended 1897, 35. Superseded by the federal law. Supp. Cal. Rep. Cit. 138, 739; 138, 740; 138, 742; 139, 259; 139, 260; 139, 556; 139, 357; 139, 358; 139, 359; 139, S60; 139, 361; 141, 99; 141, 100. Acts 288-312 SUPPLEMENT. 4 BANKS AND BANKING. ACT 28S. To provide for the formation of corporations for the accnmu- Intion and investment of funds and savings. [Stata^ 1862, p. 199.1 Ampnded 1 SG.3-4, 1.58, 531: 1865C. 626; 1869-70. 130; 18712. 132. Supplemented 1867-8, 459. Supp. Cal. Ecp. Cit. 144, 222; 144, 226; 144, 227, ATT 21)2. To comppl R.ivinfrs hnnks to publish a sworn stntoment of unclaimed deposits. fStnts. 18.^3, 183.] This net npponrs in full in Civil CmXe, 1903, Appendix, p. 674. Codified by amendment of Civil Code, adopted 1905. See CiTil Code Supp., 5 '583b, note. Repealed 1905, 582. ACT 21»:i. To compel all depositaries of money and commercinl hanks to piiMish a sworn statement of all unclaimed deposits. fStats. 1897. p. 27.1 This nrt appears in full in Civil Code. 1903. Appendix, p. 875. Codified by amendment of Civil Code, adopted 1905. See Civil Code Supp., } 583b, note. Repealed 1905, 582. ACT 2J».%. Creating a board of bank commissioners. [Stats. 1877-8, p. 740.1 Amended 1887, 90; 1895. 172; 1901. 30. Repealed 1903, 73. Supp. Cal. Kep. Cit. 141, 78; 145, 706; 145, 710; 145, 711. ACT 2I>0. Creating a board of bank commissioners, and prescribing their duties and powers. [Stats. 1903, 36.').] Amended 1905, 304. This act, with the exception of the amendment of 1905, appean in full in General L.tws, 1903, p. 45. BENEFIT SOCIETIES. ACT .112. Mutual bouefit and relief associations. [iStats. li«73-4, p. 745.] Amended 18S0, 25; 1901, 6. 5 GENERAL LAWS. Acts 3C8, 420 This net appears in full in Civil Code, 1903, Appendix, p. 678. Codified by aniciidmenta of Civil Code adopted 1905. See Civil Code, Supp. § 452a, note. Supp. Cal. Eep. Cit. 142, 491; 142, 492; 142, 493; 142, 495; 142, 496. BONDS. ACT .^G8. An act niakins^ the cost of certain bonds of receivers, as- signees, trustees, guardians, ailiiiinistrators and execu- tors chargeable to a certain extent against the trust estate. [Approved March 20, 1905. Stats. 1905, 477.] Section 1. Any receiver, assignee, trustee, guardian, ad- ministrator or executor required by hiw or by the order of court to give a bond as such, shall be allowed as part of tho lawful expense of executing his trust, the sum paid for such bond, not exceeding, however, one half (Vi;) of one (1) per cent of the amount of such bond, for each year that the same shall remain in force. BUILDING AND LOAN ASSOCIATIONS. ACT 420. An act creating a bureau of building and loan supervision; providing for the appointment of administration officials therefor to be known as the building and loan commis- sioners; prescribing their duties, powers and compensa- tion; providing for a secretary, his powers and compen- sation; providing for the retital of offices for the use of the bureau and for traveling and office expenses; pro- viding a system for licensing building and loan and other associations, and for assessing and collecting the license fees necessary to meet the salaries and other expenses; providing a course of procedure where viola- tions of law, or unsafe practices are found to exist, or are reported by the commissioners to the attorney-general; providing for involuntary liquidation by trustees, and proceedings in connection therewith; providing for ex- e;rption of property of associations in liquidation from attachments, executions and liens, pending liquidation; providing for and requiring associations to procure li- censes, pay assessments levied for pro-rata of salaries and expenses, and to make and file reports; providing penalties for violations of law and orders of the com- Act 429 SUPPLEMENT. 6 missioners; providing for succession in office, and re- pealing all acts and parts of acts in conflict herewith. [Approved March 21, 1905. Stats. 1905, 659.] Section 1. There is hereby created a bureau, to be known and designated as the "Bureau of Building and Loan Super- vision," with powers of supervision, examination and li- cense of all building and loan associations, mutual loan as- sociations, co-operative home associations, and all other cor- porations, associations and societies, whenever, wherever and however formed, which, in the judgment of the administration of said bureau are Based, or are operating on plans or methods similar to building and loan associations as defined in section 648 of the Civil Code; it is also charged with the enforcement of all laws designed for the formation, govern- ment or operation, in this state, of any such association, corporation or society. Sec. 2. The administration of said bureau shall be vested in two commissioners, to be known and designated as the "Building and Loan Commissioners," who shall be ap- pointed by the governor (except as herein provided) and commissioned to hold office for the term of four years and until their successors shall be appointed and have qualified. They must be citizens of this state and residents of differ- ent counties; and they must not be in any way connected with any association, corporation or society coming under their supervision. They shall be authorized and empowered to appoint a secretary, with powers of examination the same as their own, who must be a practical, skilled account- ant, fully conversant with building and loan accounts. See. 3. The commissioners shall each receive a salary of twenty-four hundred dollars per annum, and their secretary shall receive a salary of not exceeding eighteen hundred dol- lars per annum. There shall also be allowed and paid the necessary traveling expenses of the commissioners and their secretary, not to exceed the sum of eight hundred dollars per annum. The commissioners shall procure and have an office in the city of San Francisco, for which there shall be allowed and paid a rental of not exceeding fifty dollars per month, and such office shall be kept open for business, every business day, during such hours as are commonly observed by the banks of that city as banking hours; they may also provide such fuel, stationery, printing, postage, office help and other necessary conveniences as may be reqviisite in 7 GENERAL LAWS. Act 429 sucli office, at a cost not to exceed, in the aggregate, the sum of five hundred dollars per annum. All said salaries and expenses shall be audited and paid in the same manner as the salaries and expenses of other state officers. Sec. 4. Before entering upon their respective duties the commissioners must each execute an official bond in the sum of five thousand dollars and the secretary a like bond in the sum of two thousand dollars, and each must take the oath of office as prescribed by the Political Code for state officers in 9;eneral. Sec. 0. It shall be the duty of the commissioners to fur- nish to all associations, corporations or societies, which, in their judgment, legally come under their jurisdiction, and that have otherwise complied with the requirements of law, a license authorizing them to transact business for one year from the date of said license; to receive and place on file in their office the annual or other reports required by law to be made by building and loan associations or other corporations or societies licensed by them; to supply each with blank forms for such statements; and to make, on or before the first day of October in each 3^ear, a tabulated re- port to the governor of this state, showing the condition of all such associations, corporations or societies reporting to them, with such recommendation as they may deem prop- er, accompanied by a detailed statement of all moneys re- ceived by them since their last report, and the disposition thereof. Sec. 6. It shall be the duty of one or both of the com- missioners, in person, at least once in each year, without previous notice, to visit and examine into the affairs of every such association, corporation or society licensed by them, incorporated or doing business in this state; on such occasions they shall have free'' access to all the books, records securities and papers of every such association, corporation or society and shall first count the cash and check the bank balance of such corporation or association with the proper amount of funds as shown by the books to be on hand and at the date and hour of such examination, and shall then examine and verify the books, accounts, and securities, and, so far as possible and consistent, the values of all property owned or held as collateral security for moneys loaned, and otherwise use reasonable diligence to ascertain the financial condition and solvency thereof. They and their secretary shall have power to administer oaths in the line of duty Act 429 SUPPLEMENT. 8 and to examine under oath the officers, employes and agents, or the custodian or receiver, relative to any or all the busi- ness thereof. The commissioners or their secretary or repre- sentative shall receive for any examination into the books and affairs of any such association, corporation or society formed outside of the State of California and applying for a license to do business in this state, their reasonable ex- penses, which shall be paid by the association, corporation or society so examined; provided, that they may accept the result of any such examination made by the duly consti- tuted authorities of any state having similar laws of super- vision. Sec. 7. To facilitate the examinations specified in the foregoing section, they shall require every such association, corporation or society to keep its books in such form as to accurately show its assets and liabilities in detail and to keep records written in ink, showing the appraised and as- sessed values of the real estate security held in connection with each loan, and signed in each ease by the appraiser, officer or committee charged with making such estimated valuations. The commissioners shall make a revaluation of the real estate owned, and of the other securities of any such association, corporation or society licensed by them, on which the loan payments may be delinquent for six months or more, and may, for that purpose, appoint local appraisers, who shall be disinterested persons, at the ex- pense of such association, corporation or society; the ex- pense of such appraisement to be fixed by the commission- ers, but not to exceed the sum of five dollars for property located outside of any incorporated limits and three dollars for property located inside of any incorporated limits for each property so examined and appraised. Each appraiser so appointed shall be required to make a sworn report to the commissioners of his estimated valuations of all property so examined and appraised. Sec. 8. The commissioners shall have power to issue sub- poenas and require attendance of any or all trustees, or agents of any such association, corporation or society, and such other witnesses as they may deem necessary, in rela- tion to its affairs, transactions and condition, and any such person so served with such subpoena may upon application of the commissioner be required by order of the superior court of the county where the corporation, association or society has its principal place of business, to appear and answer 9 GENERAL LAWS. Act 429 such pertinent questions as may be put to him by such com- missioner and be required to produce such books, papers or documents in his possession as may be required by such com- missioner. Sec. 9. If the commissioners, upon any examination, or from any report made to them or to the shareholders, shall find that any association, corporation or society licensed by them, is violating the provisions of its charter or of the laws of this state provided for its government, or is conducting its business in an unsafe or unauthorized manner, they may, by an order addressed to the association, corporation or so- ciety so offending, direct a discontinuance of such violations or unsafe practices and a conformity with all the require- m.ents of law; and if such association, corporation or society- shall refuse or neglect to comply with such order within the time specified therein; or if it shall appear to the commis- sioners, in their opinion, that any such association, corpora- tion or society is in an unsafe condition, or is conducting its business in an unsafe manner, such as to render its further proceeding hazardous to the public or to those having funds in its custody, they shall notify the attorney-general of such facts and furnish him with a statement showing its condi- tion, as the same may have been found to exist; at the same time they shall notify the officers of such association, cor- poration or society of the fact of such report having been made and direct them to cease the transaction of any new business, and to hold all moneys, securities and property in- tact, pending the action of the attorney-general on such re- port. The attorney-general shall thereupon apply to the superior court, of the county in which such association, cor- poration or society has its principal place of business, to issue an injunction restraining it, in whole or in part, from further proceeding with its business until a hearing can be had. Such court may, in such application, issue such in- jiinetion, and after a full hearing, may dissolve or modify it, or make it perpetual, and may make such orders and de- crees according to the course of proceedings in equity, to restrain or prohibit the further prosecution of business by such association, corporation or society, as may be needful in the premises; and may appoint one or more receivers to take possession of its property and effects, subject to such directions as may from time to time be prescribed by the court; or it may, by its decree, order and direct that, in lieu of the appointment of a receiver, the business and af- Act 429 SUPPLEMENT. 10 fairs be Hqnidatecl by a board of trustees equal in number to the board of directors, to be elected by the shareholders, ■at a meeting thereof, to be called for such purpose and held within two weeks from and after the first Monday succeed- ing the date of such order and decree; such meeting to be called and held on the order of the commissioners, one of whom shall be present and preside until such election shall be had; whereupon he shall report the result to the proper court, and thereupon the term of office of the existing board of dii'ectors and of all the officers shall cease and determine. Such board of trustees, when so elected, shall at once as- sume office and have possession and control of all the prop- erty and assets for the purpose of liquidation; and such liquidation shall be conducted by such board under the supervision of the commissioners, who shall have full power to limit the time within which it shall be accomplished, and to limit the number of employes and the salaries and expenses that shall be allowed and paid. The issuance of an injunction, in the manner herein provided, shall operate to dissolve or stay any and all attachments or executions initiated or levied within thirty days next preceding the date of notification of the attorney-general by the commis- sioners; and, pending the process of liquidation as ordered by the court, no attachment or execution shall be levied, nor lien created, upon any of the property of such asso- ciation, corporation or society. See. 10. Whenever a receiver or receivers are appointed, or trustees elected in lieu thereof, the commissioners shall require the president and secretary of such association, cor- poration or society to, and such officers shall, make a sched- ule of all its property and make, oath that such schedule sets forth all the property which such association, corpora- tion or society owns or is entitled to, and deliver said sched- ule and possession of the property to the receivers or to the trustees, and a copy of such schedule to the commissioners, who may at any time examine under oath such president and secretary, or other officers, to determine whether or not all the property which such association, corporation or society owns, or is entitled to, has been transferred to such receiv- ers or trustees. Sec. 11. The commissioners shall, at least once in each year and as much oftener as they may deem expedient, examine the accounts and doings of receivers or trustees, and shall carefully examine and report on all accounts and 11 GENERAL LAWS. Act 429 reports made to the proper court, and, for the purposes of this section, shall have full and free access to all the books, accounts and vouchers relating to any such liquidation. Sec. 12. Upon the certificate, under oath, of any ten or more officers, trustees, creditors, shareholders or depositors of any such association, corporation or society, setting forth their interest and the reason for the making of such exam- ination, directed to the commissioners, and requesting them so to do, they shall forthwith make a full investigation of its affairs, in the manner provided. Sec. 13. If either of the commissioners, having knowledge of the insolvent condition, or of any violation of law or unsafe practice of any such association, corporation or so- ciety under their supervision, such as renders, in their opin- ion, the conduct of its business hazardous to its sharehold- ers, creditors or depositors, shall fail to take the proper action required by this act, or shall refuse or neglect to per- form the official duties pertaining to his office, then upon conviction thereof the office of such commissioner shall be declared vacant by the governor, and a successor be ap- pointed to fill the unexpired term. Sec. 14. To meet the salaries and expenses provided for by this act, the commissioners shall require every associa- tion, corporation or society licensed by them or coming under their supervision to pay in advance, to them, and prior to the issuance of any license, its pro rata amount of all such salaries and expenses, and it is hereby made the duty of every such association, corporation or society to pay the same; such pro rata shall be fixed and determined by the proportion which its assets bear to the aggregate assets of all such associations, corporations, or societies, re- ceiving licenses, as shown by the last reports of such cor- porations, associations, or societies to the commissioners. On or before the thirtieth day of December, in each year, the commissioners shall notify each of such associations, corporations or societies, through the United States mail, of the amount assessed and levied against it and that the same must be paid within twenty days thereafter; and should payment not be made to them within said twenty days, they shall then assess and collect a penalty, in addi- tion thereto, of ten per cent per day for each day that such payment may be delayed or withheld; provided, however, that in the levy and collection of such assessment, no such association, corporation or society shall be assessed for, nor Act 429 SUPPLEilENT. 12 be permitted to pay less than ten dollars per annum, and any such association hereafter formed in this state, shall be required to pay not less than one dollar per month for the unexpired term ending December thirty-first, succeeding application; and in like manner any such association organ- ized outside this state shall be required to pay not less than three dollars per month, for such unexpired term, for its first license. See. 15. It shall be the duty of the commissioners to re- quire every such association, corporation or society coming under their supervision, to procure from them, prior to the transaction of any business, a certificate of authority or license to transact business in this state; and it is hereby made the duty of every such association, corporation or so- ciety to comply wtih such requirement. To procure such li- cense, there must be filed with and approved by the com- missioners, a certified copy of its articles of incorporation, constitution and by-laws and all subsequent amendments thereto, accompanied by the license fee herein provided for; and after the expiration of the term for which a license may have been granted to it, no such association, corporation or society shall be permitted to continue to transact business without first procuring a renewal of such license on the terms provided in this act, and any such association, cor- poration or society violating the provisions hereof shall be subject to a penalty of ten per cent per day of the amount of the license fee required to be paid under section fifteen of this act, in addition thereto, for each day during the con- tinuance of such oifense. The commissioners are author- ized and empowered to revoke the license of any such as- sociation, corporation or society under their supervision, the solvency whereof may have become imperiled by losses or irregularities; and immediately upon the revoking of any such license they shall report the facts to the attorney- general, who shall thereupon take such proceedings as are provided in pcction nine of this act. See. 16. The commissioners shall require every associa- tion, corporation or society licensed by them, and including associations in liquidation, within thirty days after the close of its annual fiscal term to make a report to them in writing, verified by the oath of its president and secretary, showing accurately its financial condition at the close of such term; such report shall also include all the receipts and disbursements and income and expenses for the term, to- 13 GENERAL LAWS. Act 429 gether with such statistical and other information as may be deemed essential; all and every of such reports shall be in such form as the commissioners may prescribe, and upon blanks to be by them furnished therefor. Every such as- sociation, corporation or society is hereby required to make and file all such reports within the time specified herein, and for failure or neglect so to do shall be subject to a pen- alty of ten dollars per day for each and every day the same shall be delayed or withheld. Sec. 17. The collection of all moneys assessed, as herein provided, for the payment of salaries and annual expenses, or forfeitable as fines for failure to make payments of as- sessments, procure licenses, or make and file reports as here- in specified, and due from any such association, corporation or society coming within the provisions of this act, or im- posed as a penalty for violation of any order or summons, may be enforced by the commissioners, by action instituted in any court of competent jurisdiction; and all moneys col- lected or received by the commissioners under this act, shall be deposited with the state treasurer, to be credited to a fund to be known and designated as the "building and loan inspection fund"; which said fund shall only be used in de- fraying the salaries and expenses provided for by this act. Sec. 18. This act shall not be construed as affecting the terms of office of the commissioners appointed under and by virtue of an act entitled "An act creating a board of com- missioners of the building and loan associations and pre- scribing their duties and powers," approved March twenty- third, eighteen hundred and ninety-three, and acts amenda- tory thereof, and such commissioners are hereby created the building and loan commissioners for the unexpired terms for which they were appointed, and they and their secretary are hereby vested with all the powers and duties, and are entitled to all the emoluments herein provided for; and they and their successors in office, as the building and loan com- missioners herein provided for, shall succeed to all the rights^ privileges and benefits, and to the control and possession of all records, property and funds in the possession of or en- joyed by the board of commissioners of the building and loan associations appointed under and by virtue of said act of March twenty-third, eighteen hundred and ninety-three. Sec. 19. All acts and parts of acts, including an act en- titled "An act creating a board of commissioners of the General Laws— 2 Acts 430-467 SUPPLEMENT. 14 building and loan associations and prescribing their duties and powers," approved March twenty-third, eighteen hun- dred and ninety-three, and all acts amendatory thereof, are hereby repealed. Sec. 20. This act shall take effect and be in force from and after its passage, ACT 430. Creating a board of commissioners of building and loan associations and prescribing their powers and duties. [Stats. 1893, p. 229.] Amended 1895, 103. Repealed 1905, 666. See ante, Act 429. This act appears in full in Civil Code, 1903, Appendix, p. 681. Partly codified by amendments of Civil Code, adopted 1905. See Civil Code Supp., § 638a, note. Supp. CaJ. Eep. Cit. 141, 75; 141, 78; 143, 258. BUOYS AND BEACONS. ACT 435. Por the protection of buoys and beacons. [Stats. 1873-4, 619.] This act appears in full in the Appendix to the Penal Code, 1903, p. 573. Codified by amendment of Penal Code, adopted 1905. See Penal Code Supp., § 609, note. BUTTEK. ACT 467. An act requiring the marking of packages of butter con- taining less than six pounds and more than one half pound so as to advise the purchaser or others as to the weight of butter contained in such package. [Approved March 20, 1905. Stats. 1905, p. 316.] Section 1. No person or persons, firms or corporations, by themselves or their agents or employes, shall sell, manufac- ture or prepare for sale, offer for sale or expose for sale, or have in his or their possession for sale, or consign, ship or present to any dealer, commission merchant, consumer, or other person, any butter in packages containing less than six pounds and more than one half pound, unless the exact weight of such butter contained in such package or pack- ages, rolls, prints or other form of package, expressed in the number of pounds or ounces or in both pounds and ounces, shall be printed or durably and legibly marked upon 15 GENERAL LAWS. Act 468 the wrapper or other container of such butter in letters or figures, or in both letters and figures, not less than one fourth inch high and upon the same side or face of such package upon which the producer's or seller's name and ad- dress appears, and if such name and address does not appear, the weight alone shall be legibly and durably placed upon such package in letters or figures not less than one fourth of an inch high. Sec. 2. Whoever shall violate any of the provisions or sections of this act shall be deemed guilty of misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty dollars nor more than one hundred dol- lars, or by imprisonment in the county jail for not less than ten days nor more than fifty days, or by both such fine and imprisonment at the discretion of the court. Sec. 3. It shall be the duty of the state dairy bureau, now existing under the laws of this state, to enforce the pro- visions of this act and to cause the prosecution of any per- son known to be guilty, or that it has reason to believe to be guilty, of violating any of the provisions of this act. It shall be the duty of the district attorney of each and every county in this state, upon application from the state dairy bureau, to attend to the prosecution in the name of the people of any action brought for the violation of any of the provisions of this act within his district. One half of all fines collected for the violation of any of the provisions of this act shall be paid to the county in which the fine is imposed. The other one half shall be paid to the state dairy bureau and by said bureau to the state treasurer and the same shall become a part of the appropriation made by law for the use of the state dairy bureau. Sec. 4. All acts and parts of acts inconsistent with this act are hereby repealed. Sec. 5. This section shall take effect sixty days after its passage. ACT 468. An act to prevent deception in the sale of renovated butter and to license manufacturers and dealers in the same. [Approved March 20, 1905, Stats. 1905, p. 468.] Section 1. No person or persons, firms or corporations, by themselves or their agents or employes, shall sell, offer for sale or expose for sale or have in his or their possession for Act 468 SUPPLEMENT. 16 sale any renovated butter unless the same shall have printed upon each and every package, roll, print, square, or any con- tainer of such renovated butter the words "renovated but- ter" in letters not less than one half inch in height, or who shall not have secured from the state dairy bureau, now ex- isting under the laws of this state, a license as provided hereinafter. Sec. 2. The term renovated butter as used in this act is hereby defined to mean and include butter that has been reduced to a liquid state by melting, and drawing off such liquid or butter oil and churning or otherwise manipulating it in connection with milk or any product thereof. See. 3. Any person or persons, firms or corporations, de- siring to manufacture or deal in renovated butter shall make application to the state dairy bureau for a license and upon payment of a license fee of the amount mentioned herein, to the state dairy bureau, said bureau shall issue to the ap- plicant a license. All such licenses shall expire December 31st of each year and may be issued in periods of one year or six months, upon payment of a proportionate part of the license fee. Manufacturers of renovated butter within this state shall pay an annual license fee of one thousand dol- lars; wholesale dealers shall pay an annual license fee of four hundred dollars; retail dealers shall pay an annual li- cense fee of fifty dollars; hotels, restaurants, boarding houses and all other places where meals are served and paym' nt is received therefor, either immediately or by the daj week or month, and which use or furnish renovated butter i i con- nection with said meals, shall pay an annual license fee of ten dollars. The term wholesale dealers as used herein in- cludes all persons, firms or corporations, who shall sell reno- vated butter in quantities of ten pounds or more. The term retail dealers includes all persons who sell in quantities of less than ten pounds. All licenses while in force shall be conspicuously displayed in the place of business of the party or parties to whom they have been issued. The state dairy bureau shall require all persons holding a manufacturer's or wholesaler's license, as provided in this act, to keep a record in a form separate from all other business in which every sale of renovated butter shall be recorded, giving the quantity sold, the name and location of the buyer and the place to which it was shipped. Such record shall be access- ible at all times to duly authorized representatives of the state dairy bureau. 17 GENERAL LAWS. Act 470 See. 4. All license fees paid to the state dairy bureau under this act shall be paid by said bureau into the state treasury, the same to be added to the appropriation made for the same fiscal year for the bureau and its expenditure shall be at the disposal of said bureau for its use. Sec. 5. Whoever shall violate any of the provisions or sections of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished for the first offense by a fine of not less than twenty dollars nor more than one hundred dollars; or by imprisonment in the county jail for not less than ten days and not exceeding thirty days; and for each subsequent offense by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment in the county jail for not less than twenty days nor more than one hundred days, or by both such fine and imprisonment, at the discretion of the court. Sec. 6. It shall be the duty of the district attorney of each and every county in this state, upon application, to attend to the prosecution in the name of the people of any action brought for the violation of any of the provisions of this act within his district. One half of all the fines imposed for the violation of any of the provisions of this act shall be paid to the county in which the fine is im- posed. The other one half shall be paid to the state dairy bureau, and by said bureau to the state treasurer, and the same shall become a part of the appropriation made by law for the use of said state dairy bureau. See. 7. An act which became a law under constitutional provision without the governor's approval, February 23, 1899, entitled "An act to prevent deception in the sale of process or renovated butter" and all other acts or parts of acts inconsistent with this act are hereby repealed. Sec. 8. This act shall take effect thirty days after its passage. ACT 470. To prevent deception in the sale of process or renovated butter. [Stats. 1899, p. 25.] Repealed 1905, 470. See ante, Act 468. A section of this act is codified by an amendment of the Penal Code, adopted 1905. See Penal Code Supp., § 383a, note. Acts 483-G22. SUPPLEMENT. 18 CALAVERAS COUNTY. ACT 488. Mining claims, recordincr in. [Stats. 1S75-6, p. 853.] Supp. Cal. Rep. Cit. 142, 411. CEMETERY COEPOEATIOlSrS. ACT 549. Authorizing incorporation of rural cemetery associationa, [Stats. 1859, p. 281.] Amended 1863-4, 12; 1891, 264; 1899, 36. Supp. Cal. Rep. Cit. 140, 232. CHAMBERS OF COMMERCE. ACT 56S. To provide for the formation of chambers of commerce, boards of trade, mechanics' institutes, and other kin- dred protective associations. [Stats. 1865-6, 469.] Amended 1867-8, 5; 1885, 76. This act appears in full in Civil Code, 1903, Appendix, p. 689. Codified by amendments of Civil Code, adopted 1905. See Civil Code Supp., § 591, note. CHINESE. ACT 593. For the suppression of Chinese houses of ill-fame. [Stats. 1865-6, 641. Amended 1S73-4, 84.] Continued in force by Political Code, § 19: Penal Code, § 23. The amending act of 1873-4. 84, is codified by amendment of Penal Code, adopted 1905. See Penal Code Supp., § 315, note. CIVIL RIGHTS. ACT 604. Making it unlawful to refuse admission to places of amuse- ment. [Stats. 1S93, p. 220.] See post, Act 4099. ACT eo5. An act to protect all citizens in their civil and le^al rights. [Approved March 13, 1897. Stats. 1897, 137.] This act appears in full in General Laws, 1903, p. 93. Codified by amendment of Civil Code, adopted 1905. See Civil Code Supp., § 51, note. CODES. ACT 623. To create and establish a commission for revising, sys- tematizing, and reforming the laws of this state, and 19 GENERAL LAWS. Acts 676-739 for tile appointment of the members of said commis- sion, to be known as "The commissioners for the re- vision and reform of the law," and to prescribe their powers and duties; and to authorize the appointment of a secretary and stenographer therefor; and to pro- vide for the compensation and expenses of said com- mission, secretary, and stenographer, and to appro- priate money therefor. [Stats. 1895, 345.] Amended 1903, 479; 1905, 403. COMMISSIONER OF TRANSPOETATION. ACT 67G. To create the office of commissioner of transportation, etc. [Stats, 1877-8, p. 9G9.] Codified by amendment of Penal Code, adopted 1905. See Penal Code Supp., § 369b, note; § 369d, note. COMMON LAW. ACT 681. Adopting the common law. [Stats. 1850^ 219.] Be-enacted in Political Code, § 4468. Supp. Cal. Eep. Cit. 141, 121. CONVICTS. ACT 73S. Providing for furnishing sheriffs and chiefs of police of certain information, description, and photographs of con- victs about to be discharged by the wardens of state prisons. [Stats. 1897, 213.] Repealed 1905, 532. See post, Act 739. In full in the Appendix to the Penal Code, 1903, p. 583. ACT 73». An act requiring the wardens of the state T)rigons of Cali- fornia to furnish the sheriffs of California and the bureaus of identification with certain information con- cerning convicts within thirty days after receiving said convicts, and providing for payment of the expenses in- curred thereby. [Approved March 20, 1905. Stats. 1905, p. 532.] Section 1. The wardens of the state's prisons of the State of California shall within 30 daj^s after receiving all per- sons convicted of crime and sentenced to terms in their Acts 743-757 SUPPLEMENT. 20 several prisons send to the sheriffs of the State of Cali- fornia and legalized bureau of identification, photographs and minute description of such convict. Together with minute description of his person and marks of identification, together with a statement of the nature of the crime he is imprisoned for. Sec. 2. Any expenditures incurred in carrying out the provisions of this act shall be paid for out of the appro- priation made for the support of state's prison. Sec. 3. This act shall be in effect immediately and be enforced from and after its passage and repeals an act ap- proved March 27th, 1897, on page 213, 214 of Statutes and Amendments to the Codes of California of 1897. CO-OPERATIVE ASSOCIATIONS. ACT H43. Defining and providing for the organization and govern- ment of co-operative business corporations. [Stats. 1877-8, p. 883.] Superseded by 1895, 221. Codified in part by amendments of Civil Code, adopted 1905. See Civil Code Supp., § 653a, note. ACT 744. To provide for the incorporation, operation, and manage- ment of co-operative associations. [Stats. 1895, p. 221.] This act appears in full in Civil Code, 1903, Appendix, p. 694. Codified by amendments of Civil Code, adopted 1905. See Civil Code Supp., § 653b, note. CORONERS. ACT 740. Concerning the attendance of physicians and surgeons in certain cases and to provide payment for making chemi- cal and post-mortem examinations. [Stats. 1871-2 81.] Sections 1 and 2 of this act are probably superseded by § 1512 Penal Code, if not already superseded by County Government Act 1897, § 12. See note to § 1512, Penal Code Supp. This act appears in full in Penal Code, 1903, Appendix, p. 588. CORPORATIONS. ACT 757. An act relating to revenue and taxation, providing for a li- cense tax upon corporations, and making an appropria- 21 GENERAL LxVWS. Act 757 tion for the purpose of carryiug out the objects of this act. [Approved March 20, 1905, Stats. 1905, p. 493.] Section 1. No corporation heretofore or hereafter incor- porated under the laws of this state, or any other state, shall do or attempt to do any business by virtue of its charter or certificate of incorporation, in this state, with- out a state license therefor. Sec. 2. Upon every corporation which has heretofore ob- tained, or which shall hereafter obtain a charter of certifi- cate of incorporation from this state, or any foreign corpora- tion heretofore or hereafter incorporated and doing business in this state, there shall be an annual license tax of ten dol- lars, to be paid between the first Monday in July and tho first INIonday in August of each year, to the secretary of state, who shall pay the same into the state treasury, to be paid into the general fund of the state. Sec. 3. Any corporation formed under the laws of this state which shall fail to pay the tax provided for in the last two. sections, shall, because of such failure, forfeit its charter to the state, and any foreign corporation which shall fail to pay the tax provided for in the last two sections, shall, because of such failure forfeit the right to do business in this state. Sec. 4. It shall be the duty of the secretary of state on the first Monday of October in each year to report to the governor a list of all the corporations which have failed, neglected or refused to pay the said license tax, and the governor shall forthwith issue his proclamation, declaring tinder this act of the legislature, that the charters of do- mestic corporations will be forfeited, and the right of for- eign corporations to do business in this state will be for- feited unless payment of said license tax is made as above required within sixty days from date of said proclama- tion, together with a penalty of five dollars in addition thereto. Sec. 5. Said proclamation on the day of its date shall be filed in the office of the secretary of state, and within five days thereafter said secretary of state shall transmit a certified copy of said proclamation to the county clerk of each county in this state, who shall file the same in his office. Said secretary of state shall also within five days from the date of said proclamation, cause a copy thereof Act 757 SUPPLEMENT. 22 to be published in one issue of two daily newspapers, to be selected by the governor. See. 6. At the expiration of said sixty days from the date of said proclamation^ the charters of all domestic cor- porations who have not complied with the provisions of this act and paid said tax, shall be forfeited to the State of California, and all foreign corporations who have not com- plied with the provisions of this act and paid said tax, shall forfeit the right to do business in this state. Sec. 7. Nothing in this chapter shall be construed as im- posing a license tax on educational, religious, scientific, charitable, or any corporation which is not organized for pecuniary profit. Sec. 8. Within six months after the date of said gov- ernor's proclamation, the secretary of state shall compile a statement of the domestic corporations whose charters have bePTi so forfeited, and of the foreign corporations whose right to do business in this state has been forfeited, and hp shall furnish a certified copy thereof to each county clerk in this state, who shall file the same in his office. Sec. 9. Any person or persons who shall exercise any powers under the charter of any such corporation after the same shall become forfeited to the state, and any person or persons who shall exercise any powers of a foreign cor- poration which shall have forfeited its right to do business in this state, shall be guilty of a misdemeanor. Sec. 10. There is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of twenty-seven thousand ($27,000) dollars, for the purpose of carrying out the objects of this act, to be used by the secre- tary of state in the employment of a license superintendent and cashier; one perznanent clerk; such other clerks from time to time as may be necessary; for the purchase of the necessary desks, furniture, stationery, books, postage, and for the necessary printing, ruling, binding and materials furnished by the state printing office, and for all other neces- sary incidental expenses, to be used and expended during the balance of the fifty-s-ixth, and during the fifty-seventh, and fifty-eighth, fiscal years, and the state controller is here- by directed to draw his warrant for any claim against said amount, the same having been approved by the state board of examiners, and the treasurer is hereby directed to pay the eame. 23 GENERAL LAWS. Act 758 Sec. 11. This act shall take ef3fect and be in force from and after its passage. ACT 758. An act to provide for the incorporation of associations for lending money on personal property, and regulating tho same, and to forbid certain loans of money, property or credit. [Approved March 21, 1905. Stats. 1905, p. 711.] Section 1. Any corporation which shall be incorporated under the general incorporation laws of this state, and the provisions of this act, authorized by its articles of incorpo- ration to loan money at interest upon the pledge or mort- gage of goods or chattels, or of safe securities, shall be granted all the powers and privileges necessary for the exe- cution of these purposes; provided, that nothing herein con- tained shall authorize any such corporation to engage in the business of banking. Sec. 2. Corporations may be organized under the provi- sions of this act, with a capital stock of fifty thousand dol- lars ($50,000.00), or over, but no business shall be trans- acted by any such corporation until all the capital stock of such corporation has been actually and in good faith subscribed, and at least fifty per centum thereof shall have actually been paid in, in cash, or in interest bearing se- curities, to be approved by the board of bank commissioners. Sec. 3. Any such corporation, before transacting any business, shall be required to obtain from the board of bank commissioners a license in the form to be prescribed by them, authorizing such corporation to transact business in pursuance of the provisions of this act. Sec. 4. Every corporation applying for a license under this act shall, at the time of making the application, execute and file a bond, to the people of the state, in an amount equal to one-twentieth of its capital stock, with the board of bank commissioners, to be approved by them, conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed and for a faithful compliance with the provisions of this act. Said bond shall be executed by a domestic or foreign corporation author- ized by the insurance commissioner to transact within this state, the business of surety insurance as surety. Such bond shall be renewed and refiled annually, in January of Act 758 supplement; 24 each year, or tlie corporation shall, witWn thirty days thereafter, cease doing business and proceed to close up its affairs. Sec. 5. Such corporations when they have disposable funds may make advances on all goods, chattels and savings bank deposit books, or on all safe securities offered, embraced •within its rules and regulations, but in no case shall the amount loaned to any one person exceed the sum of three hundred dollars ($300.00). ^ec. 6. Such corporation shall be entitled to charge and receive upon each loan made by it upon a mortgage of per- sonal property, which charge shall include all services of every character in connection with said loan, except upon the foreclosure of the security, interest or discount at a rate not exceeding one and one half (1%) per centum per month. It may also charge for the first examination of the property to be mortgaged and -for drawing and filing the necessary papers, and for all other expenses, a sum not ex- ceeding five dollars ($5.00) if a loan shall actually be made; 1)ut no further charge for exam.ination of the property or for drawing or filing papers, or for any services or expenses, or upon any pretext whatsoever, beyond the said charge for interest or discount, shall be made upon any renewal or extension of the loan, or any transfer or change of the loan, or upon any other occasion, within one year from the date of the original loan, or oftener than once in each period of twelve months thereafter, provided, hoicerer, it shall be law- ful to charge for any fire insurance that may be at any time effected. It may also charge and receive upon each loan made by it upon the pledge of personal property which charge shall include all services of every character in connection with said loan, except upon the sale of the security at public auction, as hereinafter provided, interest or discount at a rate not exceeding one and one half (1%) per centum per month; provided, Tioicever, that all loans shall be subject to one month's interest and no loan shall be settled at a less charge than fifteen cents. A charge of one half (Vj) of one per centum per month additional may be made upon pledges for storage, burglary and fire insurance. In case of loss by fire or theft, such corporation shall not be lia- ble, however, for more than the amount loaned and twenty- five (25) per centum thereof in addition. 25 GENERAL LAWS. Act 758 Sec. 7. Such corporation shall give to each pledgor a memorandum or ticket inscribed with the name of the cor- poration, mentioning the article or articles, security or se- curities, pledged, the name of the pledgor, the amount of the loan, the rate of compensation, the date when made, the date when payable, the page of the book where recorded, and a copy of section six (6) and eight (8) of this act. Sec. 8. Property pledged to such corporations shall not be sold prior to six (6) months after the day fixed in the contract for payment, and all sales shall be at public auc- tion, and notice of any such sale shall be published at least five (5) days previous thereto in a daily newspaper printed in the city, or city and county, in which any such corpora- tion is located. If upon the sale of any such property at public auction there be any surplus left, after paying the cost of advertising and sale, and the amount of the loan and interest due thereon, the same shall be paid over to the pledgor or his legal representative or assigns on de- mand, any time within two years after such sale. It shall not be necessary for such corporation to sell at public auc- tion any savings bank deposit book pledged for a loan, but the corporation may collect the money due thereon or so much thereof as may be necessary to pay the debt, in such manner and at such time as in the judgment of the directors of such corporation will best serve the interest of all par- ties, holding the net surplus, if any, for the owner, his legal representative or assigns. Loans on pledges may be re- newed from time to time, but in no case longer than one year. Sec. 9. A corporation organized under this act shall be authorized to borrow money in any amount to be used in its business not exceeding in the aggregate the amount of its capital stock. Sec. 10. Such corporation shall file with the board of bank commissioners, during the months of January and July . of each year, a statement, under oath, of the condition of such corporation at the close of business on the thirty-first day of December, and the thirtieth day of June, respec- tively next preceding, showina its actual financial condi- tion. The said statement shall also be in such form, and contain such reports, returns, and information as to the affairs, business, condition, and resources of. the corpora- tion, as the said commissioners may from time to time pre- scribe and require. General Laws— 3 Act 753 SUPPLEMENT. 26 See. 11. The said board of bank commissioners shall have access to the vaults, books, and papers of any such cor- poration, and it shall be their duty to inspect, examine and inquire into its affairs and take proceedings in regard to it, in the same manner and to the same extent as if said corporation were a savings bank or a banking corporation, ■Sec. 12. No person, firm or corporation, other than corpo- rations organized pursuant to this act, shall, directly or in- directly, charge or receive any interest, discount or consid- eration greater than at the rate of one and one half (1%) per centum per month upon the loan, use or forbearance of money, goods or things in action, less than three hundred dollars ($300.00) in amount or value, or upon the loan, use or sale of personal credit in anywise, where there is taken for such loan, use or sale of personal credit, any security upon any upholstery, furniture or household goods, oil paintings, pictures or works of art, pianos, organs, musical instruments, or sewing machines, plate or silverware, iron or steel safes, professional libraries, or office furniture or fixtures, instruments of surveyors, physicians, or dentists, printing presses or printing material, wearing anparel, dia- monds, watches or jewelry. The foregoing prohibition shall apply to any person who, as security for any such loan, use or forbearance of money, or for any such loan, use or sale of personal credit, as aforesaid, makes a pretended purchase of property from any person, or who, by any de- vice or pretense of charging for his services, or otherwise, seeks to obtain a larger compensation in any case here- inbefore provided for. Any person violating the foregoing prohibition shall be guilty of a misdemeanor and Is pun- ishable by a fine of one hundred dollars ($100.00) for the first offense, and by a like fine and imprisonment in the county jail for thirty days for the second and each sub- sequent offense; atid further, the interest on any amount loaned shall be forfeited to the borrower. But this section shall not apply to licensed pawnbrokers, making loans upon the actual and permanent deposits of personal property, excepting those charging unlawful rates of interest, nor affect in any way the validity or legality of any loan of money or credit exceeding three hundred dollars ($300.00) in amount. Sec. 13. Any corporation organized under this act which shall violate the provisions of the second section hereof. 27 GENERAL LAWS. Act 759 shall be liable to a penalty of one hundred dollars ($100.00) for each and every day of the continuance of such viola- tion; and any corporation v/hich shall willfully violate any of the provisions of any other section of this act, by wliich any person shall suffer or sustain loss or damage, shall forfeit its rights to do business, and the attorney- general of this state shall take the necessary legal meas- ures to wind up and discontinue its business. Any direc- tor, officer or employe of any corporation organized un- der this act who shall charge, take or collect or receive, any compensation on a loan beyond or in excess of the charges herein allowed, shall be guilty of a misdemeanor and be fined not to exceed one hundred dollars ($100.00) or be imprisoned in the county jail for not more than six (6) months, or both. Sec. 14. No such corporation shall, in any year, declare or pay dividends on its capital stock amounting to more than six (6) per centum. After any such corporation shall have accumulated a surplus or risk fund amounting to fifty (50) per centum of its capital, the board of bank com- missioners, upon ascertaining that said corporation has, during the previous calendar year, made a net profit amounting to more than six (6) per centum on its capital, shall have authority to make an order reducing the rates of interest, discount and charges which said corporation may lawfully charge and receive upon loans, to such rates as will, in the judgment of said commissioners, produce a net return of six (6) per centum on its capital stock. It shall be stated in said order when it shall take effect, which shall not be less than four months after it is made, and it shall continue in force until revoked. Sec. 15. Such corporation shall pay annually in advance license fees, as follows: To the treasurer of state, who shall pay the same into the "Bank Commissioners' Fund," the sum of fifty dollars ($50.00), to the treasurer of the city, or city and county, in which such corporation is located, the sum of one hundred and fifty dollars ($150.00). This to be in lieu of all other licenses. See. 16. This act shall take effect and be in force from and after its passage. ACT T59. Concerning corporations. [Stats. 1850, p. 347.] Amended 1851, 424, 426. Repealed 1851, p. 433, chap. CXVIII § 31. Amended 1852, 168; 1853, 87, 140, 169; 1854, 162, 166; Acts 763-776 SUPPLEMENT. 28 1858, 57, 264; 1859, 87; 1861, 84; 1862, 17, 110, 125; 1863, 34, 747, 766; 1865-6, 748; 1869-70, 46, 402; 1871-2, 443; 1876, 730. Supplemented 1862, 17. Extended 1857, 75. Supp. Cal. Eep. Cit. 138, 477. ACT 7GS. To provide for the formation of corporations for certain purposes. [Stats. 1853, p. 87.] Amended 1855, 205; 1857, 121; 1858, 133; 1859, 93; 1863, 736; 1863-4, 149; 1869-70, 132, 364; 1871-2, 526. Supp. Cal. Eep. Cit. 144, 222. ACT 7T1. To protect stockholders and persons dealing with corpora- tions. [Stats, 1877-8, p. 695.] Amended 1905, 786. This act, with the exception of the amendment of 1905, ap- pears in full in Civil Code, 1903, Appendix, p. 709, and in Penal Code, 1903, Appendix, p. 587. It punished frauds and misrepresenta- tions by officers or agents. Codified in part by amendments of Penal Code, adopted 1905. See Penal Code Supp., § 5G4, note. ACT T75. Foreign corporations. [Stats. 1371-2, p. 826.] Amended 1899, 111. This act appears in full in Civil Code, 1903, Appendix, p. 711. It was couined by amendment of the Civil Code, adopted 1905. See Civil Code faupp., § 405, note. Supp. Cal. Eep. Cit. 138, 742; 138, 743; 138, 744; 145, 603; 145, 6u5. ACT 77G. An. act requiring corporations organized under the laws of another state, territory, or foreign country, to file a certified copy of their articles of incorporation in the office of secretary of state, and a certified copy thereof, duly certified by the secretary of state of this state, in the office of the county clerk of the county where its principal place of business is located and also where such corporation owns property, and requiring such cor- poration to pay to the secretary of state the same fees as pre p-'id 1 y corporations formed under the laws of the State of California^ and providing for a penalty for 29 GENERAL LAWS. Acts 815-837 the violations of the provisions of this act. [Stats. 1901, p. 108.] This art apppars in full in Civil Code, 1903, Appendix, p. 712. Ci^dified by amerdments of the Civil Code, adopted 1905. See Civil Code Supp., § 408, note. COUNTY BOUNDAEIES. ACT R15. To better define the 'bonnrlary line of Mariposa anrl Fresno counties. [Approved April 1, 1872. Stats. 1871-2, p. 891.] Amended 1873-4, 100. Supp. Cal. Eep. Cit. 142, 54; 142, 55; 142, 56; 142, 57; 142, 53. COUNTY GOVEENMENT. ACT 834. To establish a uniform system of county governments. [Stats. i883, p. 299.] Amended 1885, 125, 166, 195; 1887, 168, 178; 1889, 232. Re- pealed by County Government Act, 1891, 295. Supp. Cal. Eep. Cit. 145, 51; 145, 53; 145, 427. ACT 83G. To establish a uniform system of county and township governments. [Stats. 1893, p. 346.] Amended 1895, 1. Repealed 1897, 452. Supp. Cal. Eep. Cit. 144, 684; 145, 50; 145, 51. ACT 837. To establish a uniform system of county and township government. [Stats. 1897, p. 452.] Amended 1901, 681, 685; 1903, 129, 151, 156, 160, 168 173 179, 200, 212, 218, 224, 227, 230, 232, 237: 239; 241; 402- 1905- 299, 301, 308, 310, 313, 318, 320, 325, 333, 335, 338, 352, 356* 358, 361, 363, 365, 306, 371, 373, 376, 383, 385, 391, 393^ 394* 401, 424, 430, 435, 439, 441, 476, 477, 482, 485, 504 507 511 523, 524, 544, 547, 552, 582, 670, 676, 721, 722, 723, 746. This act, vrith the exception of the amendments of 1905, which follow, appears in full in General Laws, 1903, p. 112. Supp. Cal. Eep. Cit. 139, 463; 139, 464; 139, 468; 141, 393; 141, 394; 141, 395; 141, 398; 141, 428; 141, 429; 141, 430; 142, 516; 142, 588; 142, 539; 142, 590; 142, 591; 143, 68; 143, 69; 143, 172; 143, 173; 143, 245; 144, 8; 144, 89; Act 837 SUPPLEMENT. 30 144 267; 144, 268; 144, 269; 144, 276; 144, 277; 145, 50; 145, 51; 145, 52; 145, 196; 145, 425; 145, 687. Section 25%. The board of supervisors shall adopt or- ders and enact ordinances necessary for the preservation of the health of domestic live stock, which orders and ordi- nances shall not be in conflict with state or federal laws, and the said board of supervisors shall provide for the payment of all expenses incurred in enforcing the same, .which expenses shall be a county charge and payable in the same manner and out of the same funds as other county charges are paid. [New section approved March 21, 1905; Stats. 1905. p. 722. In effect in sixty days.] .Section 33i^. To appropriate from the general fund of the county, unless otherwise provided, not exceeding in counties of the first and second class the sum of twenty thousand dollars, and in all other counties not exceeding the sum of ten thousand dollars in any one year, to aid in and carry on the work of the preservation of forests upon public lands, the reforestration of forests uT)on public lands, and the protection of forests upon public lands from fire. [Am.endment, approved March 20, 1905; Stats. 1905, p. 394. In effect in sixty days.] Section 54. No person is eligible to a county, district, or township office, who, at the time of his election, is not of the age of twenty-one years, a citizen of the state, and an elector of the county, district, or township in which the duties of the office are to be exercised; provided, that any woman who is of the age of twenty-one years, a citizen of \he state, and a resident of the county or district, shall be eligible to the office of superintendent of public schools, school trustee, or member of the county board of educa- tion; and provided further, that no person shall hereafter be eligible to the office of district attorney who has not bef>n admitted to practice in the supreme court of the Ststte of California; and provided further, that the county live stock inspector shall, at the time of his appointment, be a duly qualified veterinary surgeon having on file in the of- fice of the county clerk a certificate issued to him by the statu veterinary medical board. (Amendment approved March 21, 1905; Stats. 1905, p. 721. In effect in sixty days.] Section 53. The officers of a county are a sheriff, a county clerk, an auditor, a recorder, a license collector, a 31 GENERAL LAWS. Act 837 tax collector, who shall be ex-officio license collector, a dis- trict attorney, an assessor, a treasurer, a superintendent of schools, a public administrator, a coroner, a surveyor, the members of the board of supervisors, a live stock inspector, and such other officers as may be provided by law. In counties where the board of supervisors by proper ordi- nance so elect, except as otherwise provided in this act, the duties of certain of the above-mentioned officers are hereby consolidated, as follows: Sheriff and tax collector; auditor and recorder; county clerk, auditor and recorder; county clerk and recorder; county clerk and auditor; treas- urer and tax collector; assessor and tax collector; public administrator and coroner. In counties where the duties of said officers have been, or may hereafter be, consolidated in either manner above designated, the board of super- visors thereof, by proper ordinance, may elect to separate the duties so consolidated, and reconsolidate them in any other manner above provided, or may separate said duties without reconsolidation, and provide that the duties of each office shall be performed by a separate person, when- ever, in their discretion, the public interest will be best subserved thereby. When offices are united and consoli- dated, the person elected to fill the offices so united and consolidated must take the oath and give the bond re- quired for each, discharge all the duties pertaining to each, and receive the compensation of the offices consoli- dated, [Amendment approved March 21, 1905: Stats. 1905, p. 722. In effect in sixty days.] Section 55 1/^. The live stock inspector shall be ap- pointed by the board of supervisors whenever in the dis- cretion of the board of supervisors the interest of the pub- lic welfare demand the services of such an officer, and such an officer shall hold his office at the pleasure of the appointing power. He shall receive a salary in the sum of one hundred and twenty-five dollars per month, which sal- ary shall be paid at the same time and in the same man- ner, and out of the same funds that other county officers are paid. [New section approved March 21, 1905; Stats. 1£05, p. 722. In effect in sixty days.] Section 66a. It shall be the duty of the board of super- visors of each county, on or before the first day of Novem- ber of each year, to supply the secretary of the State Agri- cultural Society upon blanks to be furnished by him for Act 837 SUPPLEMENT. 32 that purpose, statistics showing the products grown, pro- 'Juced or manufactured in said county, for the year pre- ceding, and the expense thereof shall be a county charge, to be paid as other county charges against the county. [New section approved March 20, 1905; Stats. 1905, p. 476. In effect immediately.] Sec. 152%. It shall be the duty of the live stock in- spector, acting under the supervision of the state veter- inarian, to enforce all laws of the State of California, and all orders and ordinances of the board of supervisors of his county pertaining to the health and sanitary surround- ings of all live stock in his county, and for that purpose he is hereby authorized and empowered, by and with the approval of the board of supervisors, to establish, maintain, and enforce such quarantine, sanitary and other regulations as he may deem proper and necessary. He shall give to the duties of his office such time and attention as may be necessary to secure the general protection and advancement of all matters pertaining to the health and sanitary condi- tion of the domestic live stock of his county. [New sec- tion added March 21, 1905; Stats, 1905, p. 723. In effect in sixty days.] Sec. 153. Constables must attend the courts of justices of the peace within their townships whenever so required, and within their counties execute, serve and return all writs, processes and notices directed or delivered to them by jus- tices of the peace of such county, or by any competent au- thority; provided, Jioicever, that no constable shall have juris- diction or authority to serve any writ, notice, or other pro- cess issued by any justice or justice's court of any town- ship other than the justice or justice's court of the town- ship in and for which he may be constable without the boundaries of the township in and for which he is constable, and any service by a constable of any writ, notice, or other process issued by any justice or justice's court of any town- ship other than the township in and for which he is duly elected and qualified constable, outside of the boundaries of the township in and for which he is such constable, shall be void. Constables shall charge and collect for their ser- vices such fees as are now or may hereafter be allowed. [Amendment approved March 20, 1905. Stats. 1905, p. 393. In effect in sixty days.] 33 GENERAL LAW3. Act 837 Sec. 159. In counties of the second class the county and township officers shall receive, as compensation for the ser- vices required of them by law, the following salaries, to wit: 1. The county clerk, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk the following clerks and deputies, who shall be appointed by the county clerk, and shall be paid salaries as follows: One chief deputy at a salary of one hundred and fifty dol- lars per month; one deputy who shall be registry elerk at a salary of one hundred and thirty-five dollars per month; one deputy who shall be an assistant registry clerk, at a salary of one hundred dollars per month; one deputy who shall be clerk of the board of supervisors, at a salary of one hundred and twenty-five dollars per month; nine depu- ties who shall be courtroom clerks, at a salary of one hun- dred and fifteen dollars each per month; one deputy who shall be judgment clerk, at a salary of one hundred and twenty-five dollars per month; one deputy who shall be an assistant judgment clerk, at a salary of one hundred dol- lars per month; one deputy who shall be a file clerk, at a salary of one hundred dollars per month; one deputy who shall be an index clerk, at a salary of one hundred dollars per month; one deputy who shall be in charge of the crim- inal records, at a salary of one hundred dollars per month; two deputies at a salary of one hundred dollars each per month; one deputy who shall be assistant clerk of the board of supervisors, at a salary of one hundred dollars per month; one deputy who shall be a stenographer, at a salary of one hundred dollars per month; one deputy who shall be a stenographer for the board of supervisors, at a salary of one hundred dollars per month; one deputy who shall be miscellaneous department clerk, at a salary of one hundred and fifteen dollars per month; one deputy at a salary of one hundred and fifteen dollars per month; six deputies, at a salary of seventy-five dollars each per month, for not exceeding one month for any one year. The salaries of the deputies and clerks herein provided for shall be paid by said county in monthly installments at the same time, in the same manner and out of the same fund as the salary of the county clerk is paid. 2. The sheriff, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the sheriff an under sheriff and the following Act 837 SUPPLEMENT. 84 deputies and stenograpliers who shall be appointed by the sheriff of said county, and shall be paid salaries as follows, to wit: One under sheriff, at a salary' of one hundred and fifty dollars per month; one deputy who shall be a book- keeper, at a salary of one hundred and twenty-five dollars per month; one deputy who shall be an assistant bookkeeper, at a salary of one hundred and ten dollars per month; one deputy at a salary of one hundred and twenty-five dollars per month; ten deputies at a salary' of one hundred dollars each per month; nine deputies who shall be court bailiffs, at a salary of ninety dollars each per month; five deputies who shall be turnkeys at the county jail, at a salary of ninety dollars each per month; one jail matron, at a salary of fifty dollars per month; one stenographer, at a salary of seventy-five dollars per month. The salaries of the under sheriff, the matron, and all deputies and stenographers herein provided for shall be paid by said county in monthly installments at the same time, in the same manner, and out of the same fund that the salary of the sheriff is paid. The sheriff shall also receive the amount of money neces- sarily expended by him in serving all processes and notices, and the same shall be charged against the county and allowed as such by the board of supervisors, and paid as other county charges are paid. In case of sale of prop- erty on foreclosure of mortgage or on execution, tue sheriff shall be entitled to receive all necessary expenses of keep- ing the property and of advertising the sale. 3. The recorder, three thousand, six hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed the recorder the following deputies and copyists, who shall be appointed by the re- corder of said county and shall be paid salaries as fol- lows: One chief deputy, at a salary of one hundred and fifty dollars per month; two deputies at a salary of one hun- dred and twenty-five dollars each per month; four deputies, at a salary of one hundred dollars each per month; ten depu- ties, at a salary of ninety dollars each per month; and as many copyists as may be required, who shall receive as compensation for their services the sum of seven cents per folio for recording any instrument and notice, except maps or plats; for copies of any record or paper, seven cents per folio. The salaries and compensation of all deputies and copyists herein provided for shall be paid by the county in monthly installments, at the same time, in the same man- 35 GENERAL LAWS. Act 837 ner, and out of the same fund as the salary of the county recorder is paid. 4. The auditor, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the auditor the following deputies, clerks and assistants, who shall be appointed by the auditor, and who shall be paid salaries as follows: One chief deputy at a salary of one hundred and fifty dol- lars per month; one deputy at a salary of one hundred and twenty-five dollars per month; two deputies, at a salary of one hundred and ten dollars each per month; four deputies, at a salary of one hundred dollars each per month; and forty clerks at a salary of ninety dollars each per month, for not to exceed one month each in any one year; and such additional assistants as the auditor may require, and whose compensation in the aggregate shall not exceed the sum of one thousand two hundred and fifty dollars in any one year. The salaries of the deputies, clerks and assistants herein provided for shall be paid by the county in monthly install- ments, at the same time, in the same manner, and out of the same fund as the salary of the auditor is paid. 5. The treasurer, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the treasurer the follow- ing deputies, who shall be appointed by the treasurer, and who shall be paid salaries as follows: One chief deputy, at a salary of one hundred and fifty dollars per month; one deputy at a salary of one hundred and fifteen dollars per month; and one deputy at a salary of one hundred dollars per month. The salaries of the deputies herein provided for shall be paid by said county in monthly installments, at the same time, in the same manner, and out of the same fund as the salary of the treasurer. 6. The tax collector, three thousand six hundred dollars per annum, which shall be in full compensation for all ser- vices rendered by him; provided, that in counties of this class there shall be and there hereby is allowed to the tax collector the following deputies, stenographers and clerks, who shall be appointed by the tax collector, and who shall be paid salaries as follows: One chief deputy, at a salary of one hundred and fifty dollars per month; one deputy who shall be chief report clerk, at a salary of one hundred and fifteen dollars per month; one deputy who shall be report clerk, at a salary of one hundred and ten dol- Act 837 SUPPLEMENT. 36 lars per month; one deputy who shall be cashier, at a salary of one hundred and fifteen dollars per month; one deputy who shall be the general clerk, at a salary of one hundred and fifteen dollars per month; one deputy who shall be the correspondence clerk, at a salary of one hundred and ten dollars per month; one deputy who shall be a license clerk, at a salary of one hundred dollars per month; and 'two depu- ties who shall be license inspectors, at a salary of ninety dollars each per month; five clerks, at a salary of ninety dollars each per month; one deputy who shall be bookkeeper, at a salary of one hundred and ten dollars per month; one deputy who shall be sale and redemption clerk, at a salary of one hundred dollars per month; one stenographer, at a salary of seventy-five dollars per month; four clerks for a period not to exceed six months in any one year, at a salary of ninety dollars each per month; forty-five clerks for a period not to exceed four months in any one year, at a salary of ninety dollars each per month. There is also allowed not to exceed four hundred dollars for traveling expenses of said license tax collector each year. The sala- ries of the deputies, clerks and stenogi'aphers herein pro- vided for shall be paid by said county in monthly install- ments, at the same time, in the same manner, and out of the same fund as the salary of the tax collector. 7. The district attorney, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the district attorney the follow- ing deputies and employes, who shall be appointed by the district attorney of said county, and who shall be paid sala- ries as follows: One assistant district attorney, at a salary of two hundred dollars per month; one chief deputy, at a salary of one hundred and seventy-five dollars per month; six deputies, at a salary of one hundred and fifty dollars each per month; two stenographers, at a salary of one hun- dred dollars each per month; one detective, at a salary of one hundred dollars per month, who shall assist the dis- trict attorney in the detection of crime and the prosecution of criminal cases; provided further, that nothing herein con- tained shall be construed to prevent the board of supervis- ors of said counties of this class from employing special counsel when, in the judgment of said board, the interests of said counties require it. The salaries of the assistants, deputies, stenographers, special counsel and detective herein provided for shall be paid by the county in monthly in- 37 GENERAL LAWS Act 837 stallments, at the same tim6, in the same manner, and out of the same fund as the salary of the district attorney. 8. The assessor, three thousand six hundred dollars per annum, which shall be in full compensation for all services rendered by him; provided, that in counties of this class there shall be and hereby is allowed to the assessor the following deputies, clerks, stenographer and copyists, who shall be appointed by the assessor, and who shall be paid salaries as follows: One chief deputy, at a salary of one hundred and fifty dollars per month; two deputies, at a salary of one hundred and fifteen dollars each per month; seven deputies, at a salary of ninety dollars each per month; thirty field deputies for not exceeding four months in any one year, at a salary of ninety dollars each per month; thirty field deputies for not exceeding two months in any one year, at a salary of one hundred dollars each per month; eigh.t field deputies for not exceeding four months in any one year, at a salary of one hundred dollars each per month; ten field deputies for not exceeding four months in any one year, at a salary of ninety dollars each per month; nine deputies for not exceeding four months in any one year, at a salary of ninety dollars each per month; five copyists for not exceeding four months in any one year, at a salary of seventy-five dollars each per month; twenty- five copyists for not exceeding three months in any one J^ear, at a salary of seventy-five dollars each per month; eight copyists for not exceeding seven months in any one year, at a salary of seventy-five dollars each per month; six depu- ties who shall be comparers for not to exceed two months in any one year, at a salary of ninety dollars each per month; two deputies who shall be photographers for not to exceed eight months in any one year, at a salary of one hundred dollars each per month; one stenographer, at a salary of seventy-five dollars per month; there is also allowed not to exceed five hundred dollars for traveling ex- penses of the said assessor or his deputies each year. The salaries of the deputies, stenographer, clerks and copyists herein provided for shall be paid by said county in monthly installments, at the same time, in the same manner, and out of the same fund as the salary of the county assessor is paid. It is further provided, that in counties of this class, the assessor shall receive no commission for his collection of taxes on personal property, nor shall such assessor re- General Laws — 4 Act 837 SUPPLEMENT. 38 ceive any compensation or commission for the collection of poll taxes or road poll taxes, nor shall the said assessor receive any compensation for making out the military roll of persons returned to him as subject to military duty, as provided by section nineteen hundred and one of the Politi- cal Code; provided, however^ that fifteen per cent of all moneys collected by him for poll taxes and road poll taxes shall be allowed to such counties on their settlement with the state, and be and remain the property of such counties. 9. The coroner, three thousand dollars per year, and his actual necessary expenses in traveling outside of the county seat. He must hold inquests as prescribed by chapter two, title twelve, part two of the Penal Code, except that he may, in his discretion, dispense with a jury. The coroner or other officer holding an inquest upon the body of a de- ceased person may subpoena a physician or surgeon to in- spect the body, or chemist to make an analysis of the con- tents of the stomach or tissues of the body, or hold a post mortem examination of the deceased, and give his profes- sional opinion as to the cause of death. The coroner, in counties of this class, shall be and is hereby allowed the following assistants: One stenographer, at a salary of two hundred dollars per month, who shall, when directed by the coroner, take down in shorthand the testimony of wit- nesses at inquests, and under the direction of the coroner transcribe the same into longhand, and file a certified copy thereof with the county clerk, and the coroner may also appoint such stenographer as his deputy; one clerk, at a salary of one hundred dollars per month, who shall also act as messenger, and perform such other duties as the coroner may direct. The salaries of the stenographer and clerk herein provided shall be paid by the county in the same manner, at the same time, and out of the same fund as the salary of the coroner. 10. The public administrator, three thousand dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed to the public administrator one clerk, at a salary of one hundred dollars per month, and the salary of said clerk shall be paid by the county in the same manner, at the same time, and out of the same fund as the salary of the public administrator. 11. The superintendent of schools, three thousand dollars per annum, which shall be in full for all services, includ- ing attendance upon the board of education, and actual 39 GENERAL LAWS. Act 837 necessary traveling expenses not to exceed five dollars for every school district in the coimty; provided, that in coun- ties of this class, there shall be and there hereby is allowed to t'le si}perintendent of schools, the following assistants and deputies who shall be appointed by the superintendent of schools of said county, and who shall be paid salaries as follows: One assistant who shall be chief deputy, at a salary of one hundred and fifty dollars per month; one deputy, at a salary of one hundred and fifteen dollars per month; one deputy, at a salary of one hundred dollars per month; and one deputy, at a salary of ninety dollars per month. The salaries of the assistants and deputies herein provided for shall be paid by the county at the same time, in the same manner, and out of the same fund as the salary of the superintendent of schools. 12. The health officer, one thousand two hundred dollars per annum, and special health officers, when appointed as in this act provided, ten dollars each per day; provided, that not more than five hundred dollars per annum shall be. paid or expended in any one year in payment of special health officers. The salary of the health officer and special health officers shall be paid by the county in the same man- ner, and at the same time, as the salaries of other county officers are paid. 121/^. Each member of the county board of education, ex- cept the secretary thereof, five dollars for each session of the board attended, not exceeding a total of four hundred dollars to any member in one year. In addition, each mem- ber shall be entitled to mileage at the rate of ten cents per mile, for one way only, while attending the regular ses- sions. Said compensation of the members of the board of education shall be payable monthly and out of the same funds, and in the same manner as the salary of the county superintendent of schools is paid. Said compensation shall be in full payment for all services rendered. 13. The surveyor, three thousand six hundred dollars per annum, and in addition thereto all necessary expenses and transportation for work performed in the field; provided, that in counties of this class, there shall be and there hereby is allowed to the surveyor one chief deputy, and ten depu- ties who shall be draughtsmen, and who shall be appointed by the surveyor of said county and shall be paid salaries as follows: One chief deputy, at a salary of one hundred and seventy-five dollars per month; five draughtsmen, at a Act 837 SUPPLEMENT, 40 salary of one hundred and twenty-five dollars each per month; four draughtsmen, at a salary of one hundred dol- lars each per month; one draughtsman, at a salary. of eighty dollars per month. The salaries of said surveyor and said deputies and draughtsmen herein provided for shall be paid by said county in monthly installments at the same time, and in the same manner as the deputies of other county oflficers are paid. 14, Supervisors, one thousand eight hundred dollars per annum, together with mileage at the rate of ten cents per mile for each mile actually traveled by them in the dis- charge of their duties, either as road commissioners or su- pervisors, not exceeding in the aggregate, seven hundred and fifty dollars each per annum. They shall also receive their necessary expenses when attending meetings of the state board of equalization; and provided further, that there shall be and hereby is allowed to the board of supervisors the following clerks: One clerk, at a salary of ninety dollars per month; one clerk, at a salary of one hundred and ten dollars per month; one clerk at a salary of one hundred dollars per month; one clerk who shall be superintendent of charities, at a salary of one hundred dollars per month; two clerks who shall be assistants to the superintendent of charities, at a salary of seventy-five dollars each per month; fourteen clerks for not exceeding thirty days in any one year, at a salary of four dollars each per day, to assist said board while sitting as a board of equalization; and in addition to the clerks hereinbefore provided for, in years when the general election is held within the state, there shall be and hereby is allowed to said board of supervisors fitteen clerks for not to exceed fifteen days in such years, at a compensation of four dollars each per day. Such clerks shall be appointed by the board of supervisors and shall be paid by said county in the same manner, at the same time and out of the same fund as other clerks of the county oflacers are paid; and still further provided, that from and after the first Monday after the first day of January in the year one thousand nine hundred and nine, supervisors in counties now of this class shall receive as compensation for the services required of them by law, a salarv- of two thousand four hundred dollars each per annum, ' together with mileage at the rate of ten cents per mile for each mile actually traveled by them in the discharge of their duties, either as road commissioners or supervisors, not ex- 41 GENERAL LAWS. Act 837 ceeding in the aggregate seven hnndrerl and fifty dollars each per annum, and they shall also receive their neces- sary expenses when attending meetings of the state board of equalization. 15. Justices of the peace, such fees as are now or may be hereafter allowed by law; provided, that no justice of the peace shall receive more than one thousand five hundred dollars per annum, which may be paid in monthly installments of not exceeding one hundred and twenty- five dollars per month, for all services rendered by him in criminal eases, or in actions or proceedings to which the people of the State of California are or may be parties; and no clnim of any such justice of the peace in excess of said sum of one thousand five hundred dollars per annum, or the installments thereof as aforesaid, shall be allowed or paid; but all fines and fees collected by every such justice on the account aforesaid shall belong to and be the property of the county in which such justice exercises his jurisdiction. And each of such justices shall report, under oath, on the first Monday of each month, to the board of supervisors of such county, the amount of all fines and fees collected by him, on the account aforesaid, during the preceding month, and shall, on said date, deposit with the county treasurer, to the credit of the county, all such fines and fees as may be shown by said report to have been collected by him. He shall also transmit the treasurer's receipt for said pay- ment to said board, with the said report; provided further, that the boards of supervisors of such counties may, in town- ships having a population of more than thirty-five thousand, provide such justices, or any of them, with an office and the necessary furniture and supplies for the justice's court; and provided further, that the boards of supervisors in said coun- ties and in townships having more than thirty-five thousand irtl "' itfints, slinll, upon the recommendation of the township justice or justices, appoint a clerk for each of the justice 's court, which clerks shall each hold office for the term of two years from and after appointment, and shall receive a sal- ary of one hundred dollars per month each, payable in like manner, at like times, and out of the same fund as county officers are paid by the county; said clerks shall each take and file an oath of office in like manner as county officers. and after being appointed and qualifying as hereinbefore prescribed, shall have power to administer and certify oaths to affidavits, and all papers, documents, or instruments used Act 837 SUPPLEMENT. 42 in or in connection with the actions and proceedings of such justice's court. Such clerks shall perform such other cleri- cal service as may be required of them by the justice of justices. 16. Constables, such fees as are now or may hereafter be allowed by law; provided, that no constable shall receive more than one thousand two hundred dollars per annum, which may be paid in monthly installments of not exceeding one hundred dollars per month, for all services rendered by him in all criminal cases or in actions or proceedings to which the people of the State of California are, or may be, made parties; and all fees collected by such constable ou account of services rendered in criminal cases or proceed- ings, to which the people of the State of California are parties, shall belong to and be the property of the county in which said constable has been elected or appointed; pro- vided further, that the constable shall be allowed the actual fare and expenses incurred in transporting prisoners to the county jail; and provided further, that in counties of this class and in townships having more than thirty-five thousand inhabitants, there shall be, and there is hereby allowed to such constable, one deputy who shall be ap- pointed by the constable, and shall receive a salary of seventy-five dollars per month, payable in like manner and at like times, and out of the same fund as the county officers are paid by the county; said deputy shall take and file an oath of office in like manner as county officers. Each con- stable shall report under oath on the first Monday of each month to the board of supervisors of such county, the amount of all fees collected by him for all services ren- dered in all criminal cases, or in actions or proceedings to which the people of the State of California are, or may be, made parties, during the preceding month, and shall, on said date, deposit with the county treasurer to the credit of the county all such fees as may be shown by said report to have been collected by him on account of the aforesaid. He shall also transmit the treasurer's receipt for said pay- ment to said board with said report. [Amendment approved March 20, 1905; Stats. 1905, p. 511. In effect immediately.] Section 160. In counties of the third class the county officers shall receive as compensation for the services re- quired of them by law, or by virtue of their office, the fol- lowing salaries: 43 GENERAL LAWS. Act 83 7 1. The county clerk, four thousand ($4,000.00) dollars per annum; proridedj that in counties of this class there shall be and there hereby is allowed to the county clerk one chief deputy, whose salary is hereby fixed at the sum of eighteen hundred ($1800.00) dollars per annum; five courtroom depu- ties, whose salaries are hereby fixed at the sum of fifteen hundred ($1500.00) dollars per annum each; one deputy, whose salary is hereby fixed at the sum of fifteen hundred ($1500.00) dollars per annum; four deputies, whose salaries are hereby fixed at the sum of twelve hundred ($1200.) dollars per annum each; and one copyist, whose salary is hereby fixed at the sum of twelve hundred ($1200) dol- lars per annum; the chief deputy, ten deputies, and one copyist herein provided for shall be appointed by the clerk of said county, and their salaries shall be paid by said county in equal monthly installments at the same time and in the same manner and out of the same fund as is the sal- ary of county clerk; provided further^ that in such years as the compilation of a great register of voters is required by law to be made, the county clerk, in counties of this class, shall be and he is hereby allowed the following ad- ditional help: One clerk for a period of and not exceeding six months, whose salary is hereby fixed at one hundred and twenty-five ($125.00) dollars per month; four clerks, for a period of and not exceeding four months, whose sal- aries are hereby fixed at one hundred ($100.00) dollars each per month. Such clerks shall be appointed by the county clerk of such counties and during their respective periods of employment their salaries shall be paid by such county in equal monthly installments at the same time and in the same manner and out of the same fund as is the salary of the county clerk of such counties. 2. The sheriff, four thousand ($4,000) dollars per annum; provided, that there sliall be and hereby is allowed to the sheriff one under sheriff, whose salary is hereby fixed at the sum of two thousand four hundred ($2,400) dollars per an- num; one bookkeeper, whose salary is hereby fixed at the sum of eighteen hundred ($1800) dollars per annum; one chief jailer, whose salary is hereby fixed at the sum of fif- teen hundi-ed ($1500) dollars per annum; two assistant jailers, whose salaries are hereby fixed at the sum of twelve hundred ($1200.) per annum each; five bailiffs, whose sal- aries are hereby fixed at the sum of twelve hundred ($1200.) dollars per annum each; one office deputy, whose Act 837 SUPPLEMENT. 44 salarj' is hereby fixed at the sum of twelve hnndrecl ($1200.) dollars per annum; one matron for the jail, whose sal- ary is hereby fixed at the sum of six hundred ($600.) dol- lars per annum; and one stenographer, whose salary is hereby fixed at the sum of six hundred ($600.) dollars per annum; the under sheriff, bookkeeper, chief jailer, office deputies, assistant jailers, bailiffs, matron for jail, and sten- ographer, herein provided for shall be appointed by the sheriff; and their salaries shall be paid by said county in equal monthly installments, at the same time and in the same manner and out of the same fund as the salary of the sheriff; provided, that in counties of this class the sheriff shall be allowed no compensation or profit for feeding pris- oners in the county jail, but that he shall file, monthly, with the county auditor, a verified statement, showing the names of persons and amounts paid to each for expense of feeding such prisoners, and the sheriff shall thereupon pay over to the county treasurer, for the use of the county, any difference between the amount allowed for such pur- pose by the supervisors and the amount actually expended by him therefor. The sheriff shall also receive the amount of money necessarily expended by him in serving all pro- cess and notices and all expenses necessarily incurred by him in the pursuit of criminals within his county, and the same shall be a charge against the county and allowed as such by the board of supervisors, and paid as other county charges are paid. 3. The recorder, four thousand ($4000) dollars per annum; fn-Qvidcd, that in counties of this class there shall be and there hereby is allowed to the recorder the following depu- ties and copyists, who shall be appointed by the recorder in such county, and shall be paid salaries and compensations as follows: One chief deputy, at a salary of eighteen hun- dred ($1800) dollars per annum; one index deputy, whose salary is hereby fixed at fifteen hundred ($1500) dollars per annum; three deputies, whose salaries are hereby fi.xed at twelve hundred ($1200) dollars per annum each; and one mortgage deputy, whose salary is hereby fixed at twelve hundred ($1200) dollars per annum; provided further, that the chief deputy, index deputy, three deputies, and one mortgage deputy herein provided for shall be appointed by the recorder of said county, and their salaries shall be paid hy said county in equal monthly installments, at the same time and in the same manner and out of the same fund , 45 GENERAL LAWS. Act 837 as the salary of the recorder; provided further, that in coun- ties of this class the recorder shall be entitled to the actual cost incurred by him for the recording of all papers and documents in his office, not exceeding eight cents per folio for each paper or document so recorded; and provided further, that said recorder shall file monthly, with the county auditor, a verified statement, showing in detail the persons and the amounts paid to each for such recording. 4. The auditor, thirty-six hundred dollars per annum; pro- vided, that in counties of this class there shall be and hereby is allowed to the auditor one chief deputy, who shall be ap- pointed by the auditor of said county, and whose salary is hereby fixed at the sum of eighteen hundred dollars per an- num; one deputy, who shall be appointed by the auditor of such county, and whose salary is hereby fixed at the sum of twelve hundred dollars per annum; one clerk, whose salary is hereby fixed at the sum of twelve hundred dollars per annum, and such additional assistance as the auditor may appoint, and whose compensation shall not in the aggregate exceed the sum of one thousand dollars per annum; a)id provided, that the auditor shall file with the county clerk a verified statement, showing in detail the amounts paid, and the persons to whom said compensation is paid, for such extra assistance as aforesaid. The salaries herein provided for shall be paid by the said county in equal monthly in- stallments, at the same time and in the same manner, and out of the same fund as the salary of the auditor. 5. The treasurer, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and hereby is allowed to the treasurer one chief deputy, whose salary is hereby fixed at the sum of eighteen hundred dollars per annum, and one deputy, whose salary is hereby fixed at the sum of twelve hundred dollars per annum, which sum shall be paid by said county in equal monthly install- ments, at the same time, and in the same manner, and out of the same fund as the salary of the treasurer; provided, that the chief deputy and the deputy herein provided for, shall be appointed by the treasurer of such county. 6. The tax collector, three thousand dollars per annum: provided, that in counties of this class there shall be and there hereby is allowed to the tax collector one chief dep- uty, whose salary is hereby fixed at the sum of eighteen hundred dollars per annum, three deputies, whose salaries are hereby fixed at the sum of twelve hundred dollars each Act 837 SUPPLEMENT. 46 per annum, and one stenographer whose salary is hereby fixed at the sum of six hundred ($600) dollars per annum; provided further, that there shall be and there hereby is al- lowed to the tax collector not to exceed two extra deputies for the month of April of each year, whose salaries shall b© one hundred dollars for such month, and three extra depu- ties for the month of July of each year, whose salaries shall be one hundred dollars each for such month, and five extra deputies for the month of August of each year, whose sal- aries shall be one hundred dollars each for such month, and six extra deputies for the month of September of each year, whose salaries shall be one hundred dollars each for such month, and seven extra deputies for the month of October of each year, whose salaries shall to one hundred dollars each for such month, and not to exceed twelve extra deputies for the month of November of each year, whose salaries shall be one hundred dollars each for such month; provided further, that the chief deputy, the stenographer, and all other deputies herein provided for, shall be ap- pointed by the tax collector of said county, and the salaries of said chief deputy and all other deputies herein provided for shall be paid by said county, during the time which they shall hold office, as herein provided, at the same time and in the same manner and out of the same fund as the salary of the tax collector. 7. The license collector shall receive fifteen per cent of all licenses collected by him. 8. The assessor, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the assessor the following deputies, who shall be appointed by the assessor and shall be paid salaries aa follows: One chief deputy assessor, at twenty-four hundred dollars per annum; one deputy assessor, at fifteen hundred dollars per annum; one mortgage deputy assessor, at twelve hundred dollars per annum; one transfer deputy assessor, at twelve hundred dollars per annum; seven outside field deputy assessors, at one hundred and twenty-five dollars each per month not exceeding six months in any on^ year; one stenographer, at six hundred dollars per annum; six field deputy assessors, for not exceeding four months in any one year, at one hundred dollars each per month; one cash- ier, for not exceeding seven months in any one year, at a salary of one hundred and twenty-five dollars per month; eight copyists, for not exceeding four months in any one 47 GENERAL LAWS Act 837 year, at a salary of one hundred dollars each per month; five extra deputy assessors, for not exceeding four months in any one year, at a salary of one hundred dollars each per month, and such additional assistance as the assessor may appoint and whose compensation shall not in the ag- gregate exceed the sum of forty-five hundred dollars per annum; and provided, that the assessor shall file with the county auditor a verified statement showing in detail the amounts paid and the persons to whom such compensation is paid for such extra assistance, as aforesaid. The salaries herein provided for shall be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the assessor is paid; it is hereby further proridcd, that in coun- ties of this class the assessor shall receive commissions for his collections of taxes on personal property, and such as- sessor shall receive compensation or commission for the col- lection of poll taxes or road poll taxes, but the said as- sessor shall not receive compensation for making out the military roll of persons returned by him as subject to mil- itary duty as provided by section nineteen hundred and one of the Political Code; provided, however, that should the as- sessor be directed by any law, or by any order of the board of supervisors, or by any municipality within said counties of the third class, to prepare maps, plats or block books for the use of the county, or assessment rolls for the use of any municipality, then said assessor shall make such maps, plats, or block books, or assessment rolls, but shall only re- ceive the actual cost by him incurred in making or pre- paring such maps, plats or block books or assessment rolls; and provided further, that, he shall file with the county auditor a sworn statement showing the persons to whom, and the amounts paid to each, for such maps, plats or block books, or assessment rolls, and he shall account forthwith and pay over to the county any difference between such cost and the amount allowed him for such work. 9. The district attorney, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the district attorney one chief deputy district attorney, whose salary is hereby fixed at two thousand dollars per annum; three deputy district at- torneys, whose salaries are hereby fixed at fifteen hundred dollars per annum each; and one clerk, whose salary is hereby fixed at the sum of twelve hundred dollars per an- Act 837 SUPPLEMENT. 48 num; provided further, that the chief deputy district at- torney, and three deputy district attorneys, and clerk shall be appointed by the district attorney and their salaries shall be paid by said county in equal monthly installments, at the same time and in the same manner and out of the same fund as the salary of the district attorney; provided further, that in counties of this class there shall be and there hereby is allowed to the district attorney a stenographer whose salary is hereby fixed at the sum of nine hundred dollars per annum; and for the purpose of assisting the district attorney in the detection of crime and the prosecu- tion of criminal cases and in civil actions and proceedings and all matters in which the county is interested, there is allowed to the district attorney a detective, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; provided further, that the stenographer and detec- tive shall be appointed by the district attorney, and their salaries shall be paid by said county in equal monthly in- stallments, at the same time and in the same manner, and out of the same fund as the salary of the district attorney; provided further, that the provisions of this subdivision of this section of this act with reference to the stenographer shall be in force and effect on and after twelve o'clock meridian of the first Monday in January, nineteen hundred and seven; provided further, that the provisions of this sub- division of this section of this act with reference to the detective shall be in force and effect from and after its passage. 10. The coroner, such fees as are now or may hereafter be allowed by law; provided, that the coroner shall be paid bv such counties in the same manner and out of the same fund as such fees are now paid, the sum of two dollars for each certificate of the cause of death made by him. 11. The public administrator, such fees as are now or may hereafter be allowed by law. 12. The county superintendent of schools, three thousand dollars per annum; provided, that in counties of this class, there shall be and hereby is allowed to the county superin- tendent of schools, one assistant superintendent of schools, and one deputy, who shall be appointed by the county su- perintendent of schools of said county and whose salaries shall be as follows: The salary of the assistant shall be one hundred dollars per month, that of the deputy shall be one hundred dollars per month. The salaries shah be paid out 49 GENERAL LAWS. Act 837 of the same fund and in the same manner as the salary of the county superintendent of schools is paid. 13. The surveyor shall receive ten dollars per day for all work performed for the county, and in addition thereto all necessary expenses and transportation for work performed in the field; provided, that whenever the surveyor is directed or charged to make, plat, trace, or otherwise prepare maps, plats, or block books for the use of the county, city and county, or any municipality within such county, then such county surveyor shall only be allowed, in addition to the actual cost and expense of making, platting, tracing, or otherwise preparing such maps, plats, or block books, a compensation to be determined by the board of supervisors, not exceeding the sum of ten dollars per day while he is; actually so employed; and prodded further, that such county surveyor shall file with the county auditor a sworn state- ment, showing in detail the amounts so paid, and the per- sons to whom such amounts have been so paid for such ex- pense as aforesaid. 14. .Justices of the peace shall receive the following monthly salaries, to be paid each month, and in the same manner and out of the same fund as other county officers: are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a popula- tion of more than nineteen thousand, two hundred and twenty-five dollars; in townships having a population of fifteen thousand and less than nineteen thousand, one hun- dred and fifteen dollars; in townships having a population of one thousand and less than fifteen thousand, seventy- five dollars. In addition to the compensation received in criminal cases each justice of the peace may receive and re- tain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions; provided, that in townships containing a popula- tion of more than twenty-five thousand there shall be but one justice in and for such townships. Each justice of the peace must keep a book, open for the inspection of the pub- lic, during office hours, in which must be entered at once and in detail the amount of all fines collected by him in criminal cases, and on the first Monday of each and every month he must pay such fines so collected into the county treasury, or city treasury, as provided by law. 15. Constables shall receive the following monthly sal- aries, to be paid each month, and in the same manner and General Laws — 5 Act 837 SUPPLEMENT. 50 out of the same fund as other county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than twenty-five thousand, one hundred and fifty dollars; in townships having a population of more than nineteen thou- sand and less than twenty-five thousand, ninety dollars; in townships having a population of fifteen thousand and less than nineteen thousand, eighty dollars; in townships having a population of one thousand and less than fifteen thou- sand, eighty-five dollars; provided ^ that in townships having a population of fifteen thousand and less than nineteen thousand there shall be but one constable. In addition to the compensation received in criminal cases each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil cases; provided, that in counties of this class constables shall be and they are hereby al- lowed such expenses as are actually and necessarily incur- red by them in conveying prisoners to and from the county jail; such expenses to be itemized and presented as a claim against the county and to be audited and allowed by the board of supervisors and paid out of the county treasury in the manner as are other claims. 16. Each supervisor, one hundred and twenty-five dollars per month, and mileage at ten cents per mile for each mile actually traveled in going to and from their residence to the county seat, or in the performance of the duties re- quired of them by law or by virtue of their office; provided, that in attending sessions of the board only four mileages shall be allowed for each month, and that the total mile- age allowed shall- not exceed one hundred dollars in any one month. [Amendment approved March 22, 1905; Stats. 1905, p. 746. In effect partly on the first Monday of January, 1907, and partly in sixty days.] Section 162. In counties of the fifth class the county of- ficers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. He shall appoint one chief deputy, at a salary of eighteen hundred dollars per annum; two additional deputies at a salary of twelve hundred dollars each per annum, and three courtroom clerks at a salary of one thousand five hundred dollars each per annum, and a deputy or deputies not to 51 GENERAL LAWS. Act 837 exceed five for the purpose of registering electors, to be paid not to exceed four dollars per diem each, procided that said deputies so employed for registering electors shall not be employed except during a year when a general election is to be held throughout the state and then only between the first day of June and the fifteenth day of November of said year; and such deputies as may be needed for the pur- pose of registering electors in precincts outside of the cor- porate limits of the city of Sacramento in said county, who shall be paid fifteen cents per name for each person legally registered by them. The salaries and compensation of each of said deputies and clerks to be paid out of the county treasury in equal monthly installments in the same man- ner and at the same time as other county officials are paid. 2. The sheriff shall receive three thousand six hundred dollars per annum saiary. The sheriff shall also receive for his own use the fees for mileage which are now, or which may hereafter, be allowed by law, and the fees and com- missions for the service of all papers whatsoever issued by any coui't of the state outside of this county, and shall also receive his necessary expenses in all criminal cases. The sheriff shall also be paid twelve and one half cents per meal each for all meals furnished prisoners confined in the county jail. The sheriff shall have one under-sheriff at, a salary of one thousand five hundred dollars per annum, two jailers at a salary of twelve hundred dollars per annum each, and three court bailiffs, or deputies, at a salary of twelve hun- dred dollars per annum each. All deputies herein mentioned shall be appointed by the sheriff, and paid at the same time and manner that their principal is paid. 3. The recorder, three thousand dollars per annum. The recorder may appoint one chief deputy at a salary of fifteen hundred dollars per annum; one mortgage clerk, at a salary of twelve hundred dollars per annum; one index clerk, at a salary of twelve hundred dollars per annum. Said re- corder may also appoint such copyists, not to exceed three, as may be required for the recording of all papers, notices or documents in his office, who shall receive as compensa- tion for their services, the sum of twelve hundred dollars each per annum. The salaries and compensation of all depu- ties and copyists herein provided for, each of wliom shall be a deputy county recorder, shall be paid by said county in monthly installments, at the same time and in the came Act 837 SUPPLEMENT, 52 manner and out of the same fund as the salary of the county recorder is paid. 4. The auditor, three thousand dollars per annum; provided, that in counties of this class there shall be, and is, hereby allowed to the auditor one deputy, who shall be appointed by the auditor of said county and whose salary is hereby fixed at fifteen hundred dollars per annum, and such addi- tional assistants as the auditor may require, and whose compensation shall not exceed the sum of five hundred dol- lars per annum, in the aggregate, for all assistants so em- ployed, (Hid provided, that the auditor shall file with the county clerk a verified statement, showing in detail the amounts paid and the persons to whom such compensation has been paid for such additional assistance as aforesaid. The salaries herein provided for shall be paid by the said county in equal monthly installments, at the same time, and in the same manner, and out of the same fund as the salary of the auditor. 5. The treasurer, three thousand four hundred dollars per annum. 6. The tax collector, two thousand five hundred dollars per annum; provided, that he shall have such assistants as he may require, whose compensation, whk-h shall be paid by the county, shall not exceed the sum of five hundred dollars per annum in the aggregate. 7. The license collector, one thousand eight hundred dol- lars per annum. 8. The assessor, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be, and there is, hereby allowed to the assessor, the follow- ing deputies, who shall be appointed by the assessor, and shall be paid salaries as follows: — One chief deputy asses- sor, at eighteen hundred dollars per annum; one office deputy assessor, at fifteen hundred dollars per annum; one mortgage and transfer deputy assessor, at nine hundred dollars per annum; four field deputy assessors, for not ex- ceeding four months in any one year, at a salarv of one hundred and twenty-five dollars each per month; eight field deputy assessors for not exceeding four months in any one year, at a salary of one hundred dollars per month each; and such additional assistance as the assessor may require, and whose compensation shall not in the aggregate exceed the sum of six hundred dollars per annum; and provided, that the assessor shall file with the county auditor a veri- 53 GENERAL LAWS. Act 837 fied statement showing in detail the amounts paid and the persons to whom such compensation is paid for such extra assistance, as aforesaid. The salaries of the chief deputy assessor, oiBce deputy assessor, mortgage and transfer deputy assessor and field deputy assessors herein provided for shall be paid by the said county in monthlj'^ installments, at the same time and in the same manner and out of the same fund as the salary of the assessor is paid. It is hereby further provided, that in counties of this class the assessor shall receive no commission for his collection of taxes on personal property, nor shall such assessor receive any com- pensation or commission for the collection of poll-taxes or road poll-taxes. 9. The district attorney, three thousand six hundred dol- lars per annum. In counties of this class, the district at- torney may appoint an assistant district attorney, which office is hereby created, who shall receive as compensation for his services the sum of two thousand four hundred dol- lars per annum, to be paid out of the county treasury in equal monthly installments in the same manner, and at the same time other county officials are paid. In counties of this class the district attorney may appoint a deputy district attorney, which office is hereby created, who shall receive as compensation for his services the sum of one thousand eight hundred dollars per annum, to be paid out of the county treasury in equal monthly installments in the same manner, and at the same time other county officials are paid. In counties of this class, the district attorney may appoint a clerk for service in his office, which office of clerk to the district attoimey is hereby created, and said clerk shall receive as compensation for his services the sum of one thousand two hundred dollars per annum, to be paid out of the county treasury in equal monthly installments in the same manner and at the same time other county offi- cials are paid. 10. The coroner, such fees as are now or may be here- after allowed by law; prnridrd, the coroner or other officer holding an inquest upon the body of a deceased person, may subpoena a chemist to make an analysis of the contents of the stomach or the tissues of the body, or a physician or surtroon to inspect the body,' or hold a post-mortem exam- ination of the deceased, and give a professional opinion as to the cause of death; and shall cause the testimony of all the witnesses at such inquest to be reduced to writing under Act 837 SUPPLEMENT. 54 his directions and may require one of the official reporters to act as clerk or stenographer for such purpose, and in case any of such reporters should refuse or be unable to attend, may employ a stenographer for that purpose at the same compensation allowed to stenographers of the su- perior court of the county, such amount to be deducted from the salary of the official reporter in default. 11. The public administrator, such fees as are now or may be hereafter allowed by law. 12. The superintendent of schools, two thousand dollars per annum, and actual traveling expenses when visiting schools of his county, not exceeding three hundred dollars per annum; and the said superintendent of schools may ap- point one assistant superintendent of schools, which office of assistant superintendent of schools is hereby created, who shall receive as compensation the sum of one thousand two hundred dollars per annum, payable at the same time and in the same manner as the salaries of other county officers are paid. Each member of the board of education shall re- ceive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty cents per mile, one way only, from his residence to the place of meeting of said board. The secre- tary of said board of education shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of the said board and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools. Claims of such service and mileage shall be presented to the board of supervisors and shall be allowed, at the rate above named, and in the manner as other claims against the county are allowed. The compensation of members of the county hoard of education herein provided is not in addition to that provided in section seventeen hundred and seventv of the Political Code. 13. The surveyor, two thousand four hundred dollars per annum, and in addition thereto all necessary expenses and transportation for work performed on the field; provided, that in counties of this class, whenever the board of super- visors shall order, or the assessor may require, assessor's map or block books, then the surveyor shall receive, in addi- tion to the salary hereinabove noted, the sum of nine hun- dred dollars for the preparation and completion of the said map or block books. 55 GENERAL LAWS. Act 807 14. Justices of the peace, such fees as are or may be here- after allowed by law, except that the justices of the peace in townships containing twenty thousand or more inhabi- tants shall be allowed a salary of one hundred dollars per month each in lieu of all fees in criminal cases; provided, however, that justices of the peace in townships contiguous to municipalities containing twenty-five thousand or more inhabitants, or in which a state penal institution is located, shall be allowed a salary of seventy-five dollars per month each in lieu of all fees in criminal cases; the salary of the justices of the peace as above provided, to be paid at the same time, and in the same manner as county oflScers are paid. 15. Constables, such fees as are now or may be hereafter allowed by law, except that the constables in townships containing twenty thousand or more inhabitants shall be allowed a salary of one hundred dollars per month each; in lieu of all fees in criminal cases; provided, hoirrver, that constables in townships contiguous to municipalities con- taining twenty-five thousand or more inhabitants, or in which a state penal institution is located, shall be allowed a salary of seventy-five dollars per month ea,ch, and fifteen cents per mile for every mile actually traveled in taking prisoners to the county jail, in lieu of all fees in criminal cases, provided however, that constables in townships not contiguous to municipalities containing twenty-five thousand or more inhabitants and constables in townships in which a state penal institution is not located shall receive in addi- tion to the fees now provided by law three dollars per diem for each day in actual attendance on the court in criminal cases and fifteen cents per mile for every mile actually traveled in taking prisoners to the county jail. The salary of the constables as above provided to be paid at the same time and in the same manner as county officers are paid. 16. Each supervisor, one hundred and twenty-five dollars per month, and ten cents per mile for traveling to and from the county seat; provided, mileage shall not be allowed oftener than once in each month. 17. From and after the first Monday in January, nineteen hundred and three, the offices of recorder and auditor shall be separate and shall not be consolidated by the board of supervisors. Act 837 SUPPLEMENT. 56 18. For attending as a juror in the superior court, for each day's attendance, per day, three dollars. For each iiiile actualh^ traveled in attending court as a juror, in going only, per mile, twenty-five cents. [Amendment approved March 20, 1905; Stats. 1905, p. 477. In effect in sixty days.] Section 163. In counties of the sixth class the county oflficers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, five thousand nine hundred dollars per annum; provided ^ that he shall appoint one chief deputy, at a salary of twelve hundred dollars per annum, two court- room deputies, at a salary of nine hundred dollars per an- num each, and one deputy at a salary of nine hundred dol- lars per annum. The salaries of said four deputies shall be paid by said county clerk out of said five thousand nine hundred dollars compensation above named. 2. The sheriff, sixty-two hundred dollars per annum; prO' rided, that he shall appoint one under-sheriff, at a salary of fifteen hundred dollars per annum, and three deputy sher- iffs, at a salary of nine hundred dollars per annum each. The salary of said under-sheriff and deputies shall be paid by said sheriff out of said sixty-two hundred dollars com- pensation above named. The sheriff shall also receive, as compensation for traveling, to be compiited in all cases from the court-house, to serve any summons and complaint, or any other process by which an action or proceeding is com- menced, notice, rule, order, subpoena, attachment on prop- erty, to levy an execution, post notice of sale, to sell prop- erty under execution or other order of sale, to execute an order for the delivery of personal property, writ of pos- session or restitution, to hold inquest or trial of right of property, in executing writ of habeas corpus, or collecting taxes, twenty cents for each mile, one way only, to be com- puted over the nearest and most practicable route, between the court-house and the place of service; provided, that if any two or more papers be required to be served in the same suit, at the same time, and in the same direction, one mileage only shall be charged to the most distant points to complete such service, which distance shall, in all cases, be estimated by the nearest practicable route. 3. The recorder, five thousand six hundred dollars per annum; provided^ that ^he recorder shall appoint four copy- 57 GENERAL LAWS. Act 837 ists at a salary of nine hundred dollars per annum, each; which salary of said four copyists shall be paid by said recorder out of said sum of five thousand six hundred dol- lars compensation above named; and provided, further, that said copyists being eligible, may be appointed deputies of eaid recorder without further compensation. 4. The auditor, two thousand four hundred dollars per annum; provided, that the expenses incurred in making ex- tensions of assessment aiid tax rolls shall be paid out of said sum of two thousand four hundred dollars compensa- tion above mentioned. 5. The treasurer, two thousand dollars per annum, and euch fees as are now or may hereafter be allowed by law. 6. The tax collector, three thousand dollars per annum, and such fees as are now or may be hereafter allowed him by law for the collection of all county licenses; provided, that the tax collector shall appoint as many deputies as may be necessary, all of which deputies' salaries shall be paid out of the compensation above named. 7. The assessor, four thousand two hundred dollars per annum; provided, that the assessor shall appoint one chief deputy, at a salary of twelve hundred dollars per annum, and as many deputy assessors as may be necessary, all of which deputies' salaries shall be paid by the said assessor out of said four thousand two hundred dollars compensa- tion above mentioned. 8. The district attorney, two thousand four hundred dol- lars per annum, and one assistant district attorney, at a salary of fifteen hundred dollars per annum, to be paid at the same time and in the same manner as county ofSeerg are paid; said assistant district attorney allowed in lieu of the assistant district attorney allowed by virtue of sub- division thirty-six of section twenty-five of an act entitled "An act to establish a uniform system of county and town- ship governments," approved March twenty-fourth, eigh- teen hundred and ninety-three. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thousand dollars per annum, and actual traveling expenses when visiting the schools of his county; provided, said superintendent of schools naay appoint a deputy at a salary of nine hundred Act 837 SUPPLEMENT. 58 dollars per annum, pnyable at same time and in same man- ner as salaries of other county officers are paid. 12. The surveyor shall receive one thousand eight hundred dollars per annum for all work performed for the county, and iji addition thereto all necessary and actual traveling- expenses incurred in connection with field work, and all fees allowed by law: provided, that out of the compensa- tion hereinabove provided he shall pay the cost of plotting, tracing or othenvise preparing maps, plats or block books, and shall procure the necessary data therefor, for use of the county assessor: provided further, that the fees for land surveys, except when done for the county, shall be ten dol- lars per day, or fraction thereof, and in addition thereto all necessary and actual traveling expenses. He shall appoint a deputy at a salary of nine hundred dollars per annum, pay- able at the same time and in the same manner as county officers are paid. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, for all ser- vices required of them by law, or by virtue of their office, except as road commissioners, shall be allowed six dollars per day, and thirty cents per mile in traveling from their place of residence to the courthouse; provided, that only one mileage must be allowed at each term; and provided further, that no supervisor must be allowed more than one day's pay for any one day, by reason of his being on the commit- tees appointed by the board of supervisors, or for any other cause; provided, that in no case shall the per diem of the supervisors, as supervisors, exceed eight hundred dollars each in one year. Each supervisor shall receive for his ser- vices as road commissioner, thirty cents per mile, one way, for all distances actually traveled by him in the perform- ance of his duties; provided, that he shall not in any one year, receive more than four hundred dollars as such road commissioner. [Amendment approved March 20, 1905; Stats. 1905, p. 504. In effect on the first Monday after the first day of January, 1907.] Section 164. In counties of the seventh class the county officers shall receive as compensation for the services re- quired of them by law or by virtue of their offices, the fol- lowing salaries, to wit: 59 GENERAL LAWS. Act 837 1. The county clerk two thousand four hundred doflars ($2400) per annum. He shall have one deputy at a salary of thirteen hundred eighty dollars ($1380) per annum; one deputy at a salary of twelve hundred dollars ($1200), and three deputies at salaries of ten hundred and twenty dollars ($1020) i^er annum each, and one at a salary of seven hun- dred and twenty dollars ($720) per annum. 2. The sheriff fifty-four hundred dollars ($5400) per annum and all fees for service of processes issued without his county. He shall have an under-sheriff whose annual salary shall be thirteen hundred eighty dollars ($1380), two depu- ties whose annual salaries shall be twelve hundred ($1200) each, one deputy whose salary shall be eleven hundred and forty dollars per annum and three deputies whose annual salaries shall be ten hundred and twenty dollars ($1020) each. 3. The recorder twenty-one hundred dollars ($2100) per annum. He shall have one deputy whose annual salary shall be thirteen hundred eighty dollars ($1380), and two depu- ties whose annual salaries shall be ten hundred and twenty dollars ($1020) each, and one deputy for a period of four months at seventy-five dollars ($75) per month, he shall have such copyists as are necessary to perform the duties of the office at a compensation not to exceed 6' cents per folio. 4. The auditor twenty-one hundred ($2100) dollars per annum, and one deputy at an annual salary of thirteen hun- dred eighty dollars ($1380) and one clerk at an annual sal- ary of ten hundred and twenty dollars ($1020). 5. The treasurer twenty-five hundred dollars ($2500) per annum. He shall have a deputy at a salary of thirteen hun- dred eighty dollars ($1380) per annum. 6. The tax collector twenty-one hundred dollars ($2100) per annum. He shall have one deputy who shall receive thir- teen hundred eighty dollars ($1380) per annum, and three deputies at an annual salary of ten hundred and twenty dol- lars ($1020) each. No other fees or compensation other than the compensation provided for in this section shall be allowed the tax collector for the collection of license, and all license or other fees collected shall be paid into the county treasury monthly, rendering therewith a statement of the license or other fees collected. He shall be allowed actual traveling expenses in the collection of said license fees, the same to be audited by the board of supervisors and paid the same as other bills against the county are paid. Act 837 SUPPLEMENT. 60 7. The assessor shall receive three thousand dollars ($3000) per annum, for all services rendered as assessor. He shall have one deputy at an annual salary of thirteen hun- dred eighty dollars ($1380) and ten deputies for three months whose per diem shall be four dollars ($4) each when actually employed, and four deputies for four months whose per diem shall be four dollars ($4.00) each when actually employed. He shall have four copyists for a period of four months each, at fifty dollars ($50.00) per month each during such time. All sums collected by the assessor or his depu- ties either as personal property taxes, poll or road taxes, or the fees allowed by law for the making of the military roll shall be paid into the county treasury monthly as collected, with a statement of account of such collections. 8. The district attorney three thousand dollars ($3000) per annum. He shall have one deputy at a salary of eigh- teen hundred dollars ($1800) per annum, and one deputy at a salary of twelve hundred dollars ($1200) per annum. He shall also have a stenographer at an annual salary of nine hundred dollars ($900). 9. The coroner such fees as are now or may hereafter be allowed by law. 10. The public administrator such fees as are now or may hereafter be allowed by law, 11. The superintendent of schools twenty-one hundred dol- lars ($2100) per annum for all services rendered as such. He shall have one deputy at an annual salary of twelve hun- dred dollars ($1200). The superintendent shall also be al- lowed actual traveling expenses when visiting the schools of his coiinty. 12. The surveyor two thousand dollars ($2000) per annum in full compensation for all services as county surveyor as road viewer and road inspector and his actual expenses when at work in the field. He shall have one deputy at an an- nual salary of nine hundred and sixty dollars ($960). 13. (a) The registered population of the several judicial townships of this county is hereby determined to be the reg- istered vote as shown by the great register of the county in the office of the county clerk. The salaries of the several township officers shall be determined by the registered vot- ing population as shown by said register at the general elec- tion of the preceding even numbered year, and are as fol- lows, to wit: 61 GENERAL LAWS. Act 837 Judicial Township No. 1 275 (Firebaugh) Judicial Township No. 2 621 (Clovis) Judicial Township No. 3 5618 (Fresno) Judicial Township No. 4. .- 822 (Fowler) Judicial Township No. 5 827 (Selma) Judicial Township No. 6 542 (Coalinga) Judicial Township No. 7 953 (Sanger) Judicial Township No. 8 512 (Ecedley) Judicial Township No. 9 283 (Kingsbiirg) Judicial Township No. 10 466 (Letcher) Judicial Township No. 11 67 (Lemoore) Judicial Township No. 12 73 (Polasky) Judicial Township No. 13 322 (Laton) (6) For the purpose of regulating the compensation of justices of the peace and persons performing the duties of justice of the peace, and constables, townships of this class of counties are hereby classified according to the registered voting population as shown by the great register of the county. Townships having a registered voting population of 5000 and more shall belong to and be known as townships of the first class; townships having a like population of 1000 and less than 5000 shall belong to and be known as townships of the second class; townships having a like population of 800 and less than 1000 shall belong to and be known as town- ships of the third class; townships having a like population of 500 and less than 800 shall belong to and be known as townships of the fourth class; townships having a like popu- lation of 250 and less than 500 shall belong to and known as townships of the fifth class; townships having a like popula- tion of 250 and less shall belong to and be known as town- ships of the sixth class. (c) Justices of the peace and persons performing duties of justices of the peace shall receive the following monthly salaries to be paid each month as the county officers are paid, and the same shall be in full compensation for all ser- vices rendered in criminal cases, and shall include their office rent, to wit: In townships of the first class one hundred and seventy- five dollars. In townships of the second class one hundred dollars. In townships of the third class eighty dollars. In townships of the fourth class sixty dollars. General Laws — 6 Act 837 SUPPLEMENT. 62 In townships of the fifth class, forty dollars. In townships of the sixth class twenty dollars. In addition to the monthly salaries herein allowed each justice of the peace may receive and retain for his own use, such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions. Each justice of the peace must pay into the county treasury once a month, all fines collected by him. 14. Constables shall receive the following monthly sala- ries, to be paid each month as the county oiEcers are paid, and shall be in full compensation for all services rendered by them in criminal cases, to wit: In townships of the first class, one hundred dollars. In townships of the second class, ninety dollars. In townships of the third class, eighty dollars. In townships of the fourth class, sixty dollars. In townships of the fifth class, forty dollars. In townships of the sixth class, twenty dollars. In addition to the monthly salaries herein allowed each constable may receive and retain for his own use, such fees as are now or may hereafter be allowed by law for all ser- vices rendered by him in civil actions; and' shall be also al- lowed all necessary expenses actually incurred in arresting and conveying prisoners to court or prison, which expenses shall be audited by the board of supervisors and paid out of the county treasury; provided further that when any con- stable is required to go out of his own county to serve a warrant of arrest, or any other paper in a criminal case, he shall be allowed mileage in going and returning outside of his own county at the rate of five cents per mile. lo. The supervisors shall receive each the sum of fifteen hi-nrlred dollars per annum, paid monthly in installments of one hundred and twenty-five dollars per month, in full com- pensation for all services rendered either as supervisors or road overseers. 16. Jurors' fees in criminal cases, shall be as follows: For attending as a grand juror or a trial juror in the superior court, in criminal cases only, for each day's attendance, per day three dollars, for each mile actually traveled in attend- ing court as such juror under summons or under order of court, in criminal cases, in going only, per mile, fifteen cents and the county clerk shall certify to the auditor the number of days attendance and number of miles traveled by each 63 GENERAL LAWS. Act 837 juror, and the auditor shall then draw his warrant therefor and the treasurer shall pay the same. 17. The salaries of all county and township oflficers shall be payable in installments monthly on the first day of each month. [Amendment approved March 20, 1905; Stats. 1905, p. 435. In efPect in sixty days.] Section 165. In counties of the eighth class, the county officers shall receive as compensation for the services re- quired of them by law, or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, three thousand dollars per annum; the sher- iff shall also receive for his own use and benefit the fees for mileage which are now or which may hereafter be al- lowed by law, and the fees or commissions for the service of all papers whatsoever issued by any court of the state out- side of his county; and shall also receive his necessary ex- penses in all criminal cases. 3. The recorder, two thousand dollars per annum, 4. The auditor, one thousand dollars per annum. 5. The treasurer, two thousand dollars per annum, and such commissions as are now or may hereafter be allowed by law. 6. The tax collector, one thousand dollars per annum, and ten per cent on all licenses collected, which shall be in full for all services as tax collector and license collector. 7. The assessor, eleven thousand five hundred dollars per annum; the assessor shall turn over to the county all fees and commissions for the collection of poll tax, personal prop- erty tax and for making up the military roll. The assessor shall make all maps and plats and shall bind in book form, alphabetically arranged, all assessment lists; provided, there shall be no charge against the county for the making of said maps, plats, and said binding, except for the material furnished in the making of said maps and plats and binding of said assessment lists. 8. The district attorney, three thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, twenty-four hundred dollars per annum, and actual traveling expenses when visit- ing the schools of his county, said expenses not to exceed six hundred dollars in one year. Act 837 SUPPLEMENT. 64 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace shall receive the following salar- ies for all services rendered by them in criminal cases, pay- able in the same manner as county officers are paid, viz.: In townships having a population of fourteen thousand or more, one hundred dollars per month; in townships having a population of not less than five thousand nor more than fourteen thousandi, sixty-five dollars per month; in townships having a population of not less than three thousand nor more than five thousand, fifty dollars per month; in townships having a population of not less than two thousand nor more than three thousand, forty-five dollars per month; in town- ships having a population of not less than one thousand four hundred nor more than two thousand, thirty-five dollars per month; in all townships having a population of less than one thousand four hundred, fifteen dollars per month; jus- tices of the peace in counties of this class shall also receive for their own use and benefit such fees as are now or may be hereafter allowed by law in civil cases. 14. Constables shall receive the following salaries for all services rendered by them in criminal cases, payable monthly in the same manner as county officers are paid, viz. : In town- ships having a population of fourteen thousand or more, eighty-five dollars per month; in townships having a popu- lation of not less than five thousand nor more than fourteen thousand, sixty-five dollars per month; in townships having a population of not less than three thousand nor more than five thousand, fifty dollars per month; in townships having a population of not less than two thousand nor more than three thousand, forty-five dollars per month; in townships having a population of not less than one thousand four hun- dred nor more than two thousand, thirty-five dollars per month; in all townships having a population of less than one thousand four hundred, fifteen dollars per month; con- stables in counties of this class shall also receive for their own use and benefit such fees as are now or may be here- after allowed bv law for mileage in criminal cases and shall also receive such fees as are now or may hereafter be al- lowed by law in civil cases. ]f;. E-^eh u'ember of the board of supervisors, nine hun- dred dollars per annum, and their necessary expenses when atteD'Unof to t^o business of the county, other than the meetings of the board; and fifteen cents a mile in traveling 65 GENERAL LAWS. Act 837 to and from his residence to the county seat; provided, that not more than one mileage at any one term of the board shall be allowed. 16. The bonds of the clerk, sheriff, recorder, auditor, treasurer, tax collector, assessor, district attorney, coroner, public administrator, superintendent of schools and sur- veyor, shall be executed with a reliable bond and security company and that the cost of said bond, when duly ap- proved shall be a charge against the county, and payable out of the general fund. 17. The county clerk shall have one chief deputy, at a salary of fifteen hundred dollars per annum; two court room deputies, at a salary of one thousand and eighty dol- lars per annum each, and a deputy or deputies not to ex- ceed ten, for the purpose of registering electors and for other emergencies, to be paid not to exceed three dollars per diem each. The county recorder, one deputy, at a salary of fifteen hundred dollars per annum, three deputies at a salary of one thousand and eighty dollars per annum each. The treasurer, one deputy at a salary of two thousand dollars per annum; and a deputy for the purpose of col- lecting taxes and for other emergencies, to be paid not to exceed four dollars per diem. The district attorney, an assistant district attorney, at a salary of eighteen hundred dollars per annum, and a deputy district attorney, at a salary of twelve hundred dollars per annum. The superintendent of schools, one deputy, at a salary of nine hundred dollars per annum. The sheriff, an under-sheriff, who shall receive a salary of eighteen hundred dollars per annum; a clerk, who shall re- ceive a salary of one thousand and eighty dollars per an- num; two deputy sheriffs, who shall receive a salary of one thousand and eighty dollars per annum each; two bailiffs or court room deputies, who shall receive a salary of one thousand and eighty dollars per annum each; two jailers, who shall receive a salary of one thousand and eighty dol- lars per annum each; and a deputy or deputies not to ex- ceed two, for the purpose of serving papers and for other emergencies to be paid not to exceed three and a half dol- lars per diem each. All the deputies, assistants, and clerks herein mentioned shall be paid at the time and in the man- ner that the principals are paid from and after the ap- Act 837 SUPPLEMENT. 66 proval of this act. [Amendment approved March 20, 1905, Stats. 1905, p. 507. In effect from and after January 1, 1907.] Section 166. In counties of the ninth class the county officers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the fol- lowine salaries, to wit: 1. The county clerk, seven thousand six hundred dollars per annum. 2. The sheriff, seven thousand eight hundred dollars per annum; and the sheriff shall also receive for his own use and benefit the fees or commissions for the service of all papers whatsoever, issued by any conrt of the state outside of his countv. And the board of supervisors shall allow the sher- iff Ms actual and necessary expenses in serving any civil or criminal process, or performing any other official duty within his county at a distance, by the ordinary route of travel, of more than sixty miles from the county seat. 3. The recorder, the fees now allowed by law pertaining to said recorder's office; provided^ that the fee for filing, indexing, and canceling tax sale certificates for land sold to the state for delinquent taxes shall be fifteen cents for each certificate, and for filing, recording, and indexing tax deeds to the state, the fee shall be seventy-five cents each, all of which shall be paid out of the county treasury in the same manner that other claims are paid; provided, that the fee to be charged by the recorder for filing certificates of tax sale issued by the tax collector of any municipality within any county of the ninth class shall be one dollar for each volume, when the same is bound in book form; each of said volumes shall contain not less than two hun- dred of such tax certificates; provided, that all books of record, printing, and stationery shall be furnished and paid for by the recorder out of his fees; the style and quality of the same to be approved by the board of supervisors. 4. The auditor, five thousand five hundred dollars per an- num. 5. The treasurer, three thousand dollars per annum. 6. The tax collector, seven thousand dollars per annum, which shall include all fees and percentage as license col- lector. 7. The assessor, six thousand five hundred dollars per annum, and such fees as are allowed by law. 67 . GENERAL LAWS. Act 837 8. The district attorney, five thousand dollars per an- num. 9. The superintendent of public schools, twenty-five hun- dred dollars per annum. He shall have one deputy at an annual salary of twelve hundred dollars. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The coroner, seventy-five dollars per month, and in ad- dition thereto the board of supervisors shall allow the cor- oner his actual traveling expenses in the performance of his official duties within his county at a distance by the ordi- nary route of travel of more than sixty miles from the county seat. 12. The surveyor, three thousand dollars per annum, which shall be in lieu of all fees and per diem now allowed by law. 13. Constables, in civil cases such fees as are now or may hereafter be allowed by law; and in criminal cases in town- ships having a population of sixteen thousand or more in lieu of fees now allowed by law the sum of one hundred dollars per month; and in all townships having a population of less than sixteen thousand, such fees as are now or may hereafter be allowed by law; provided, Jioicever, that no con- stable in such township shall be allowed in any one month out of the county treasury more than seventy-five dollars as fees in misdemeanor cases; provided further, that in such townships they shall receive for each day's attendance in criminal cases when required by the justice to be present two dollars per day; provided fvrther, that in all townships the constables thereof for taking persons to the county jail actual traveling expenses only shall be allowed in lieu of mileage. 14. Justices of the peace, in all townships having a popu- lation of sixteen thousand or more one hundred and fifty dollars per month in full of all compensation in both civil and criminal cases; in townships having a population of less than sixteen thousand such fees as are now or may here- after be allowed by law; provided, however, that no justices of the peace in such township shall be allowed in any one month out of the county treasury more than seventy-five dollars in misdemeanor cases. The board of supervisors of such county shall furnish the township justice of the peace and the constables in town- ships having a population of sixteen thousand or more with Act 837 SUPPLEMENT, 68 suitable courtroom and furniture for said justice of the peace, and an office with necessary and proper furniture therefor, for each of said constables. 15. Each member of the board of supervisors, five hun- dred dollars per annum, and fifteen cents per mile in going from his residence to the county seat at each meeting of the board. Also, four hundred dollars per annum each, and mileage now allowed by law, for services as road commis- sioners. 16. In counties of this class the official reporters of the superior court shall receive, as full compensation for tak- ing notes in civil and criminal cases tried in said court, and on all lunacy and preliminary examinations and cor- oner's inquests, a monthly salary of one hundred and twenty-five dollars, payable out of the county treasury at the same time and in the same manner as the salaries of the county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio per copy; said compensation for transcription in criminal cases and cor- oner's inquests to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases to be paiil by the party ordering the same, or when ordered by the judge, by either party, or jointly by both parties, as the court may direct. 17. In counties of this class there shall be but one horti- cultural commissioner. 18. Each member of the board of education shall receive five dollars per day for not to exceed sixty days in any one year as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty cents per mile, one way only, from his residence to the place of meeting of said board. The secretary of said board of education shall receive five dollars per day for not to exceed sixty days in any one year for his services for the actual time that the board may be in session. Said compensation of the members of said board and of said sec- retary shall be paid out of the same fund as the salary of the superintendent of schools. Claims of such services and mileage shall be presented to the board of supervisors and shall be allowed at the rate above named and in the same manner as other claims against the countv are allowed. The compensation of the members of the county board of 69 ^ GENERAL LAWS. Act 837 education herein provided is not in addition to that pro- vided in section seventeen hundred and seventy of the Political Code. [Amendment approved March 20, 1905; Stats. 1905, p. 401. In effect immediately.] Section 167. In counties of the tenth class the county officers shall receive as compensation for the services re- quired of them by law, or by virtue of their ofSce, the fol- lowing salaries, and shall have as assistants the respective employes hereafter named, to wit: 1. The county clerk, four thousand three hundred dollars per annum, and the sum of five hundred dollars for making the great register, and ten cents for each person registered, and there shall be, and there is hereby allowed to the county clerk in addition, one deputy, to be appointed by the county clerk, who shall be paid a salary of one thousand dollars per annum, the said salary to be paid by such county in monthly installments, at the time, and in the manner and out of the same fund as the salaries of county officers are paid. 2. The sheriff, five thousand three hundred dollars per annum, and all commissions, fees and mileage for the ser- vice of papers or process coming from courts other than those of his own county, and there shall be, and there is hereby created the office of jailer, to be appointed by the sheriff, who shall be paid a salary of one thousand two hun- dred dollars per annum, said salary to be paid by such county in monthly installments, at the time and in the man- ner and out of the same fund as the salaries of county offi- cers are paid. 3. The recorder, one thousand five hundred dollars per annum, and six cents per folio for recording, and four hun- dred and fifty dollars per year for abstract of mortgages for the county assessor. 4. The auditor two thousand four hundred dollars per annum, and there shall be, and there is allowed to the auditor in addition, one deputy, to be appointed by the auditor, who shall be paid a salary of one thousand dollars per annum, and there shall be, and there is allowed to the auditor in addition, three clerks to be appointed by the au- ditor, who shall be paid a salary of seventy-five dollars per month each, not to exceed one month in any one year; said salaries to be paid by such county in monthly installments at the time and in the manner and out of the same fund aa the salaries of county officers are paid. Act 837 SUPPLEMENT. 70 5. The treasurer, two thousand four hundred dollars per annum. 6. The tax collector three thousand two hundred dollars per annum; and there shall be, and there is allowed to the tax collector in addition, one deputy, to be appointed by the tax collector, who shall be paid a salary of one thou- sand dollars per annum, said salary to be paid by such county in monthly installments at the time and in the man- ner and out of the same fund as the salaries of county oflfi- cers are paid; provided, Tioiccver, that in counties of this class, the tax collector shall receive no fees or commis- sions for the collection of licenses. 7. The assessor, five thousand five hundred dollars per annum, and there shall be, and there is allowed to the as- sessor in addition, one deputy, to be appointed by the as- sessor, who shall be paid a salary of seventy-five dollars per month, not to exceed six months in any one year, said salary to be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salaries of county oSieers are paid; provided, hoicever, that the percentage received by the assessor on poll taxes and personal property taxes, and also amounts allowed for returning names of persons subject to military duty, and which, in counties of other classes, is allowed to the as- sessor as compensation, shall be paid by him into the county treasury, and no part thereof shall be received by bim as compensation. 8. The district attorney, three thousand dollars per an- num, and there shall be, and there is allowed to the district attorney in addition, one deputy, to be appointed by the district attorney, who shall be an attorney at law regularly admitted to practice before the supreme court of the State of California, who shall be paid a salary of one thousand two hundred dollars per annum, said salary to be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salaries of county officers are paid. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools for full services includ- ing attendance on the county board of education, one thou- sand eight hundred dollars per annum, and actual traveling 71 GENERAL LAWS. Act 837 expenses, and there shall be, and there is allowed to the superintendent in addition, a deputy, who shall be ap- pointed by the superintendent of schools, who shall be paid a salary of one thousand dollars per annum, said salary to be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salaries of county officers are paid. The office of the superintendent of schools shall be kept open on all business days from nine o'clock A. M. to five o'clock P. M. 12. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty cents per mile, one way only, from his resi- dence to the place of meeting of said board. The secretary of said board of education shall receive five dollars pei day for his services for the actual time that the board may be in session. Said compensation of the members of sai 1 board and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools is paid. Claims of such services and mileage shall be presented to the board of supervisors and shall be allowed at the rate above named and in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education herein provided is not in addition to that provided in section one thousand seven hundred and seventy of the Political Code. 13. The surveyor, one thousand five hundred dollars per annum, and in addition thereto all necessary expenses, in- curred in performing county work, ordered by the board of supervisors. 14. The justices of the peace, the following monthly salaries, to be paid each month as salaries of other county officers are paid, which shall be in full for all services ren- dered by them in criminal cases: In townships having a population of six thousand and over, ninety dollars per month. In townships having a population of two thousand four hundred and less than six thousand, seventy-five dollars per month. In townships having a population of one thousand five hundred and less than two thousand four hundred, sixty dollars per month. In townships having a population of eight hundred and Act 837 SUPPLEMENT. 72 less than one thousand five hundred, fifty dollars per month. In townships having a population of five hundred and less than eight hundi'ed, twenty dollars per month. In townships having a population less than five hundred, ten dollars per month. In addition to the above salaries, each justice of the peace shall collect for his own use in civil cases such fees as are now or may hereafter be allowed by law. 15. Constables, the following monthly salaries, to be paid each month as the salaries of county ofl[icers are paid, which shall be in full for all services rendered by them in crim- inal cases: In townships having a population of five thousand and morf, eighty-five dollars per month; in townships having a po-julation of two thousand five hundred and less than five thousand, sixty-five dollars per month; in townships hav- ing a population of fifteen hundred and less than two thou- sand five hundred, sixty dollars per month; in townships having a population of eight hundred and less than fifteen hundred, fifty dollars per month; in townships having a population of five hundred and less than eight hundred, twenty dollars per month; in townships having a population less than five hundred, ten dollars per month. In addition to the monthly salary allowed herein, each constable may receive and retain for his own use such fees as are now or 7nay hereafter be allowed by law for all services performed by him in civil actions. The population of townships shall, for the purpose of this section, be determined by the last preceding United States census, and in case townships are formed after the taking of the census, then the population shall be determined by multiplying the vote for governor cast in such township, at the last preceding election, by four. 16. The supervisors each the sum of one hundred and twenty-five dollars per month as supervisors and road com- m.issioners, and actual traveling expenses not to exceed five hundred dollars in any one year; vouchers for said travel- ing expenses shall be filed with the proper ofiicer. 17. The official reporter of each department of the su- perior court shall be and he is hereby constituted a county ofiicer and shall receive, as full compensation for taking notes in civil and criminal cases tried in said courts, a salary of one thousand eight hundred dollars per annum. 73 GENERAL LAWS. Act 837 payable in equal monthly installments, out of the county treasury, at the same time and in the same manner as the salaries of other county officers; he shall without further compensation act as the secretary of the judge of such de- partment of the superior court; and for transcription of said notes, when required, they shall receive the sum of twenty cents per folio for the original and five cents per folio for a copy, and also actual traveling expenses, when reporting outside of the county seat. Said compensation for transcribing in criminal cases, preliminary examina- tions, and inquests, and traveling expenses, to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury; and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party or jointly by both parties as the court may direct. [Amended March 20, 1905; Stats. 1905, p. 424. In effect in sixty days.] Section 168. In counties of the eleventh class, the county and township officers shall receive, as compensation for the services required by thera by law, or by virtue of their office, the following salaries, to wit: 1. The county clerk, three thousand six hundred dollars per annum; and there shall be, and there hereby is allowed to the county clerk, two deputies who shall be appointed by the county clerk and shall each be paid a salary of twelve hundred dollars per annum. 2. The sheriff shall receive five thousand dollars per an- num; and there shall be and there hereby is allowed to the sheriff, one deputy, who shall be appointed by the sheriff and shall be paid a salary of one thousand five hundred dol- lars per annum. 3. The recorder, two thousand five hundred dollars per annum, and there shall be and there is hereby allowed to the county recorder two deputies who shall be appointed by the recorder and shall be paid a salary of seven hun- dred and fifty dollars per annum each. 4. The auditor shall receive two thousand seven hundred dollars per annum. 5. The treasurer shall receive two thousand four hundred dollars per annum. 6. The tax collector shall receive two thousand eight hun- dred dollars per annum. General Laws— 7 Act 837 SUPPLEMENT. 74 7. The license collector shall receive ten per cent of all licenses collected by him. 8. The assessor shall receive four thousand five hundred dollars per annum. He may employ such assistance as may be necessary in making maps, plats and drawings essential for use in the assessor's office in the performance of his duty and the expense thereof shall be a charge against the county. 9. The district attorney shall receive two thousand four hundred dollars per annum; and there is hereby allowed to the district attorney one deputy to be appointed by him who shall receive a salary of one thousand dollars per an- num. 10. The coroner, shall receive such fees as are now, or may hereafter be allowed by law. 11. The public administrator shall receive such fees as are now, or may hereafter be allowed by law. 12. The superintendent of schools, two thousand dollars per annum; and there shall be and there is hereby allowed to the superintendent of schools, one deputy, who shall be appointed by the superintendent of schools, and shall be paid a salary of seven hundred and fifty dollars per an- num. 13. The surveyor shall receive two thousand dollars per annum; and necessary traveling expenses while in the per- formance of the duties of his office. 14. Each supervisor nine hundred dollars per annum, and mileage at twenty cents per mile, for all distances traveled by him as supervisor or as road commissioner; such mileage not to exceed, in any one year, the sum of seven hundred and fifty dollars. 15. The official shorthand reporter shall receive two thou- sand dollars per annum for the department of the superior court to which he has been appointed. Whenever one re- porter shall be appointed to, and shall perform the duties required of the official shorthand reporter, for more than one department of said superior court he shall receive a salary therefor of two thousand five hundred dollars per annum. In addition thereto, he shall receive for transcrib- ing notes, the sum of ten cents per folio, for the original, and five cents per folio for all copies thereof. Subdivision fifteen hereof, relating to the salaries and fees of official shorthand reporters, shall take effect immediately. 75 GENERAL LAWS. Act 837 16. In townships having a population of seven thousand or over, two justices of the peace shall be elected, and each shall receive a salary of fifty dollars per month. In town- ships having a population less than seven thousand and over four thousand there shall be but one justice of the peace elected and he shall receive a salary of thirty dollars per month. In all other townships there shall be but one justice of the peace who shall receive a salary of twenty dollars per month. All justices in counties of this class shall, in addition to the salaries above provided for, re- ceive and collect for their own use and benefit, in civil cases only, the following fees, to wit: 1. Each justice of the peace shall be allowed, in civil ac- tions for all services before trial or entry of judgment, by default or confession, two dollars and for all additional ser- vices in such action, including execution and satisfaction of judgment, two dollars. 2. For the trial of civil actions and all proceedings sub- sequent thereto, three dollars. 3. For certificate and transmitting papers and transcript on appeal, one dollar. 4. For copies of papers on docket per folio, ten cents. 5. For issuing a search warrant, the fee to be paid by the party demanding the same, one dollar. 6. For celebrating a marriage, and returning a certificate thereof to the county recorder, five dollars. 7. For taking an acknowledgment of an instrument, for the first name fifty cents, and for each additional name twenty-five cents. 8. For administering an oath, and certifying th*e same, fifty cents. 9. For issuing a commission to take testimony, one dollar. 10. For all services connected with the posting of es- trays, one dollar. 11. For issuing each affidavit, certificate process writ, order, or paper required by law to be issued, not otherwise herein provided for, twenty-five cents. 13. For taking bail in all proceedings, pending before an- other magistrate, fifty cents. 14. In townships having a population of seven thousand or over two constables shall be elected and each shall re- ceive a salary of forty dollars per month. In townships having a population less than seven and over four thousand, Act 837 SUPPLEMENT. 76 there shall be but one constable elected, and he shall re- ceive a salary of twenty-five dollars per month. In all other townships there shall be but one constable who shall receive twenty dollars per month. All constables in addition to the salaries above provided for, shall receive and collect, for their own use and benefit, in civil cases only, the following fees, to wit: 1. For serving summons and complaint, for each defend- ant served, fifty cents. 2. For each copy of summons made by him, twenty-five cents. 3. For levying writ of attachment or execution, or execut- ing an order of arrest, in a civil case or for delivery of personal property, two dollars. 4. For serving a writ of attachment or execution on any ship, boat, or vessel, three dollars. 5. For keeping personal property, such sum as the court may order; but no more than two dollars fifty cents per day, for a keeper, when necessarily employed. 6. For taking a bond or undertaking, one dollar, 7. For copies of writs or other papers, except summons, complaints, and subpoenas, per folio, fifteen cents; prodded, that when correct copies are furnished him for use, no charges shall be made for such copies. 8. For serving any writ, notice or order, except sum- mons, complaint, or subpoena, for each person served, fifty cents. 9. For writing and posting each notice of sale of prop- erty, fi^ty cents. 10. For furnishing notice of publication, twenty-five cents. 11. For serving subpoenas, each witness including copy, fifty cents. 12. For collecting money on execution two and one half per cent. 13. For executing and delivering certificate of sale, fifty cents. 14. For executing and delivering constable 's deed, two dollars and fifty cents. 15. For each mile actually traveled within his county, in the service of any civil writ, order, or paper, in going only, per mile, twenty-five cents. No constructive mileage shall be allowed. 77 GENERAL LAWS. Act 837 16. For each mile necessarily traveled within his county, in executing a warrant of arrest, both iu going to and re- turning from the place of arrest, fifteen cents; and the ac- tual cost of the transportation of the prisoner or prisoners from the place of arrest to the justice court, and the neces- sary expense of assistance; prnrided, that for traveling in performance of two or more official services at the same time, including the service of criminal process, but one mileage shall be charged. 17. For each mile necessarily traveled outside his county in executing a warrant of arrest, both in going to and re- turning from the place of arrest, fifteen cents. 18. For transporting prisoners to the county jail, from the justice's court or from the county jail to the justice's court, the actual cost of transportation and assistance, and mileage at twenty-five cents per mile, one way. In con- veying two or more prisoners, but one mileage shall be charged. 19. For each day in which the constable Is charged with the custody of a prisoner or prisoners, two dollars fifty cents, and for necessary expense of maintenance and assist- ance in keeping said prisoners. 20. For summoning a jury in a civil case, twenty-five cents for each of the persons so summoned, and mileage at the rate of twenty-five cents per mile, going only. 21. For attending court during the trial of a civil cause, per day, three dollars. 22. For making sales of estrays in civil eases, the same fees as for sales on execution. 23. For serving writ of possession or restitution, putting a person in possession of the premises, and removing tho occupants therefrom three dollars per day, and mileage at twenty-five cents per mile, going only. 24. The mileage provided for herein shall be computed for the shortest practicable traveled route between the two points for which mileage is claimed. 17. All salaries provided for in this act shall be paid out of the treasury of the county in monthly installments, and all fees shall be paid from the county treasury as other bills against the county are paid. Sec. 2. All acts and parts of acts in conflict with this act arfl hereby repealed. [Amendment approved March 20, 190o; Stats. 1905, p. 524. In effect in part immediately and in part in sixty days.] Act 837 SUPPLEMENT. 78 Section 169. In counties of the twelfth class the county officers shall receive, as compensation for the services re- quired of them by law or by virtue of their offices, the fol- lowing salaries, to wit: 1. The county clerk, three thousand dollars per annum, and when a great register of voters is ordered he shall re- ceive five hundred dollars additional, which shall be in full for all services rendered in registering voters and making the great register. 2. The sheriff, four thousand five hundred dollars per an- num, and the fees or commissions for the service of all papers whatsoever issued by any court outside of his county. He shall appoint a jailer to take charge of the branch county jail, at a salary of six hundred dollars per annum, to be paid by the county. 3. The recorder, twenty-two hundred and fifty dollars per annum. 4. The auditor, eighteen hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, (fifteen hundred) three thousand dol- lars per annum. 7. The assessor, three thousand dollars per annum. 8. The district attorney, two thousand dollars per an- num. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, five hundred dollars per annum. 11. The superintendent of schools, fifteen hundred dollars per annum, and his actual traveling expenses while visiting schools. 12. The surveyor shall receive seven dollars per diem for each day actually employed in the performance of his duties as a county officer, and in addition thereto all neces- sary expenses, such as transportation and pay of help which may be necessary for the performance of county duties. 13. Justices of the peace, the following monthly salaries, to be paid each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases. In townships having a population of six thousand or more, one hundred dollars per month; in town- ships having a population of two thousand four hundred 79 GENERAL LAWS. Act 837 and less than six thousand, seventy-five dollars; in town- ships having a population of two thousand and less than two thousand four hundred, sixty-five dollars; in townships having a population of one thousand five hundred and less than two thousand, fifty-five dollars; in townships having a population of one thousand and less than one thousand five hundred, thirty dollars; in townships having a popula- tion of eight hundred and less than one thousand, twenty dollars; in townships having a population of five hundred and less than eight hundred, fifteen dollars; in townships having a population of less than five hundred, ten dollars. Each justice must pay into the county treasury once h month, all fines collected by him. In addition to the monthly salary allowed herein, each justice may receive for his own use such fees as now or hereafter may be allowed by law for all services performed by him in civil actions. 14. Constables, the following salaries which shall be paid monthly as salaries of county officers are paid, and which shall be in full for all services rendered by them in criminal cases, to wit: In townships having a population of two thousand one hundred and more, one hundred dollars; in townships having a population of one thousand five hundred a:nd less than two thousand five hundred, eighty dollars; in townships having a population of one thousand and less than one thousand five hundred, fifty dollars; in townships having a population of eight hundred and less than one thousand, thirty dollars; in townships having a population of five hundred and less than eight hundred, fifteen dollars; in townships having a population less than five hundred, ten dollars. In addition to the monthly salary allowed herein, each constable may receive and retain for his own use such fees as are now or hereafter may be allowed by law for all services performed by him in civil actions. For the purposes of this act the basis of calculation for fixing the compensation of the justices and constables above men- tioned, the population of the different townships of the county shall always be based upon the figures as shown by the last United States census; provided, liowever, that when- ever the census of any township or townships shall have been taken under the provisions of this act, said census may become the basis of calculation. 15. Each member of the board of supervisors, six hundred dollars for all services rendered and including mileage; Act 837 SUPPLEMENT. 80 provided, that when required to go on bi;siness to any point outside of said county they shall be allowed actual neces- sary expenses. 16. The official court reporter for all services required of him in the superior court, excepting for transcribing his notes, a salary of one thousand five hundred dollars per annum, to be paid by the county monthlv as the salaries of county officers are paid. For transcribing his notes of testimony in the superior court when required seven cents per folio for original and four cents per folio for copies to be paid for when completed by the party in a civil action who directs the work to be done, but the same shall ulti- mately be taxed as costs in the case. In criminal proceed- ings in the superior court when the judge orders the notes transcribed the same shall be paid from the county treasury on the order of the court. When the services of the re- porter are demanded in any civil matter the clerk shall col- lect each day in advance two dollars and fifty cents from each side to the controversy, and pay the same into the county treasury. At the conclusion of the trial or proceed- ing, in civil matters, such reporter's fees shall be taxed as costs in the same manner that other casts are taxed in the case. 17. Members of the county board of education shall re- ceive ten cents per mile for traveling from his or her resi- dence to the county seat; provided, that mileage be not al- lowed for more than two meetings in any one month. [Amendment approved March 21, 1905; Stats. 1905, p. 676. In effect in sixty days.] Section 170. In counties of the thirteenth class the coun- ty and township offices shall receive, a» full comjjensation for the services required of them by law or by virtue of their offices, the following fees and salaries: 1. The county clerk, thirty-three hundred dollars per an- num; provided, that in any year that the compilation of a great register is required by law to be made, he shall receive six hundred dollars additional for said year, which shall be in full for all services required in registering voters and making such new great register. 2. The sheriff, thirty-five hundred dollars per annum, and mileage for the service of any and all processes required by law to be served by him, at the rate of five cents per mile for every mile necessarily traveled in the performance of his duty or in the serving of papers of any kind. 81 , GENERAL LAWS. Act 837 3. The recorder, twenty-one hundred dollars; pt'ovided, Jiotcever, that in counties of this class the recorder shall be entitled to the actual cost incurred by him for the recording of all papers and documents in his office not exceeding seven cents per folio for each paper or document so recorded; provided further, that said recorder shall file monthly, with the county auditor, a verified statement showing in detail the persons and the amounts paid to each for such recording, 4. The auditor, two thousand dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, twenty-four hundred dollars per an- num, provided that said tax collector shall be allowed one clerk for the period of six months during each fiscal year who shall be appointed by said tax collector and be paid a salary of seventy-five dollars per month, the said salary to he paid by the said county in monthly installments at the same time, and in the same manner, and out of the same fund, as the salary of the tax collector is paid. 7. The assessor, eighteen hundred dollars per annum. 8. The district attorney, two thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eighteen hundred dol- lars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Each supervisor. Each member of the board of super- visors, six hundred dollars per annum and actual mileage to and from the county seat while in the discharge of his offi- cial duties, and mileage as road commissioner, fifteen cents per mile, one way; provided the amount of mileage for each supervisor shall not exceed the sum of three hundred dollars in any one year. 14. For the purpose of regulating the compensation of jus- tices of the peace and constables, judicial townships in this class of counties are hereby classified according to their pop- ulation as follows: Townships containing a population of six thousand five hundred or more shall belong to and be known as townships of the first class; townships containing a population of less than six thousand five hundred and more than four thousand Act 837 SUPPLEMENT. 82 five hundred shall belong to and be known as townships of the second class; townships containing a population of less than four thousand five hundred and more than two thousand five hundred shall belong to and be known as townships of the third class; townships containing a population of less than two thousand five hundred and more than one thousand, shall belong to and be known as townships of the fourth class; townships containing a population of less than one thousand and more than eight hundred shall belong to and be known as townships of the fifth class; townships contain- ing a population of less than eight hundred shall belong to and be known as townships of the sixth class. The popula- tion of the several judicial townships shall be determined for the purpose of this and the succeeding section, by multiply- ing by five the total vote cast in such townships for governor at the last general election held Xovember fourth, nineteen hundred and two, as indicated by the ofiicial election re- turns of said election. 15. Justices of the peace shall receive the following fees and salaries, which shall be paid monthly in the same man- ner as the salaries of the county officers are paid, out of the general fund of the county, which shall be in full for all services rendered by them in criminal casps; provided, how- ever, that if two justices of the peace shall be elected and qualify in any one township, then the said justices shall each receive one half of the salary therein provided for, to wit: In townships of the first class, seventy-five dollars per month; in townships of the second class, fifty dollars per month; in townships of the third class, twenty-five dollars per month; in townships of the fourth class, fifteen dollars per month; in townships of the fifth class five dollars per month; in townships of the sixth class, such fees as are now or may hereafter be allowed by law. Each justice must pay into the county treasurer once a month all fines collected by him. In addition to the monthly salaries herein allowed, each justice may receive and retain for his own use, such fees as are now or may hereafter be allowed by law for services rendered by him in civil cases; justices of the peace of the first and second classes shall be allowed their actual office rent, not to exceed the sum of fifteen dollars each, for any one month. Constables shall receive the following fees and salaries which shall be paid monthlv in the same manner as the sal- 83 GENERAL. LAWS. Act 837 aries of the county officers are paid out of the general fund of the county, and which shall be in full for all services ren- dered by them in criminal cases, to wit: In townships of the first class, thirty dollars per month; in townships of the second class, thirty dollars per month; in townships of the third class, twenty dollars per month; in townships of the fourth class, fifteen dollars per month; in townships of the fifth class, five dollars per month; in townships of the sixth class, such fees as are now or may hereafter be allowed by law; provided, that in addition to the salary here- in allowed, each constable shall be paid out of the treasury of the county for traveling expenses outside of his own township, for the service of a warrant of arrest or any other process in a criminal case (where such service is in fact made) both going and returning ten cents per mile; for each mile traveled out of his county, both going to and returning from the place of arrest or other service of process, five cents per mile; for transporting prisoners to the county jail, a constable shall be allowed his actual expenses each way. In addition to the monthly salary allowed him herein, each constable shall receive for his own use, in civil cases, the fees which are now or may hereafter be allowed by law. The compensations herein provided for justices of the peace and constables shall take effect and be in force on and after the first Monday in April, nineteen hundred and three. 16. The official reporter of the superior court shall receive the fees allowed by law. 17. The compensation allowed each officer above enumer- ated shall be in full for all services, ana shall include the pay of all deputies (except in the case of the district attor- ney wherein one deputy is provided for within the discretion of the board of supervisors) except as provided in section two hundred and fifteen of the county government act, ap- proved eighteen hundred and ninety-seven, wherein it pro- vides certain fees and commissions for the assessor and li- cense collector. Sec. 2. All acts and parts of acts inconsistent with this act in so far as they are inconsistent are hereby repealed. Sec. 3. This act shall take effect and be in force from the first Monday in January, A. D. 1907, unless herein other- wise provided. [Amended March 20, 1905; Stats. 1905, p. 547.] Section 171. In counties of the fourteenth class the Act 837 SUPPLEMENT. 84 county and townsliip officers shall receive as compensation for the services required of them by law or by virtue of their offices the following salaries and fees, to wit: 1. The county clerk, two thousand seven hundred dollars per annum. In counties of this class there shall be and there is hereby allowed to the county clerk for his own use and to be paid out of the county treasury monthly in the same manner as salaries of other county officers are paid, the sum of five cents for the name of each defendant entered in the index labeled "general index-defendants" as provided in subdivision four of section four thousand two hundred four of the Political Code and in subdivision four of section one hundred seven of an act entitled "An act to establish a uni- form system of county and township governments" ap- proved April first, one thousand eight hundred ninety-seven, as amended March twenty-third, one thousand pine hundred one; and the further sum of five cents for each document recorded by said county clerk under the provisions of section one thousand three hundred eighty-seven of the Code of Civil Procedure; and the further sum of five cents for each name contained in the index of registration books, to be prepared by said clerk, under the provisions of section one thousand one hundred fifteen of the Political Code of the State of Cali- fornia. 2. The sheriff, four thousand dollars per annum. The sheriff shall also receive for his own use and benefit all fees, commissions and mileage for service of any papers issued by any court outside of his county. 3. The recorder, two thousand one hundred dollars per an- num. 4. The auditor two thousand two hundred dollars per an- num. 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector and license collector two thousand two hundred dollars per annum. 7. The assessor three thousand dollars per annum. 8. The district attorney two thousand seven hundred dol- lars per annum, and his traveling, office and other expenses in criminal matters and cases, and in civil actions, proceed- ings and all other matters in which the county is interested incurred by him in the performance of his duties; and all the expenses incurred by him in the detection of crime and prosecution of criminal cases and in civil actions and pro- 85 GENERAL LAWS. Act 83T ceedingg and all other matters in which the county is in- terested. 9. The coroner such fees as are now or may be hereafter allowed by law. 10. The public administrator such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thousand one hun- dred dollars per annum and actual- traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. The justices of the peace such fees as are now or may be hereafter allowed by law. 14. Each member of the board of supervisors, six hundred dfollars per annum and ten cents per mile mileage in travel- ing to and from his residence to the county seat; and for his services as road commissioner he shall receive twenty cents per mile for all distances actually traveled by him in the performance of his duties within the county; provided he shall not in any one year receive more than six hundred dollars as such road commissioner. 15. Constables, such fees as are now or may be hereafter allowed by law, and in addition thereto they shall receive three dollars per day for attending court when required to do so during the actual trial of the issues of fact of a case, or during the examination of a criminal charge before a magistrate while the evidence is being taken and not other- wise; provided, that no more than three dollars shall be charged or received for any one day, and provided further that when the constable is required to attend upon the trial of more than one civil case on the same day his fees for at- tendance shall be equally apportioned to the several cases. Constables may also, by first obtaining an order of the dis- trict attorney of this county, or of a superior judge of this state, employ a temporary guard for the safe keeping or protection of prisoners when necessary, and shall be entitled to collect the actual, reasonable cost thereof as a county- charge. Sec. 2. All acts and parts of acts inconsistent with this are hereby repealed. [Amendment approved March 21, 1905; Stats. 1905, p. 670. In effect in sixty days.] Section 172. In counties of the fifteenth class \.he county and township officers shall receive as compensation for the General Laws — 8 Act 837 SUPPLEMENT. 86 services required of them by law or by virtue of their ofl&ces, the following salaries, to wit: 1. The county clerk, thirty-two hundred and fifty dollars per annum. 2. The sheriff, four thousand dollars per annum; and such mileage as is now allowed by law and also all fees for service of papers in actions arising outside of his county. 3. The recorder, fifteen hundred dollars per annum, and four and one half cents per folio for every instrument of any character transcribed by him or his deputies, which said amount shall be paid out of the county treasury, and which payment shall be in full for all services, including indexing. 4. The auditor, two thousand dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, two thousand dollars per annum. 7. The superior judge, three thousand five hundred dol- lars per annum. 8. The assessor, thirty-five hundred dollars per annum; provided^ that in counties of this class there shall be seven field deputy assessors, who shall be appointed by the assessor of said county, and who shall hold office from twelve o'clock meridian from the first Monday in March of each year up to twelve 'clock meridian of the first Monday of July of each year; the salaries of each of said seven deputy asses- sors herein provided for is fixed at the sum of one hundred dollars per month, to include horse hire and traveling ex- penses for each month during which they hold office as here- in provided, which said salaries shall be paid by said county at the same time and in the same manner and out of the same fund as the salary of the assessor; provided, that all commissions shall be paid into the county treasury. 9. The district attorney, twenty-five hundred dollars per annum. 10. The coroner, such fees as are now or may be hereafter allowed by law. 11. The public administrator, such fees as are now or may be hereafter allowed by law. 12. The superintendent of schools, twenty-two hundred and fifty dollars per annum, and actual traveling expenses when visiting the schools of the county, and keep his office open on all business days. 13. The surveyor, eight dollars per day while actually employed by the county. 14. Justices of the peace shall receive the following month- 87 GENERAL LAWS. Act 837 ly salaries, to be paid each month and in the same manner and out of the same fund as county oflScers are paid, which shall be in full for all services rendered by them in criminal cases in townships having a population of more than eight thousand, seventy-five dollars per month; in townships hav- ing a population of less than eight thousand and more than five thousand, fifty dollars per month; in townships having a population of less than five thousand and more than two thousand, twenty-five dollars per month; in townships hav- ing a population of less than two thousand, ten dollars per mouth. In addition to the compensation received in crimi- nal cases, each justice of the peace shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 15. Constables shall receive the following monthly sala- ries to be paid each month and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases, in townships having a population of more than eight thou- sand, seventy-five dollars per month; in townships having a population of less than eight thousand and more than five thousand, fifty dollars per month; in townships having a population of less than five thousand and more than two thousand, twenty-five dollars per month; in townships having a population of less than two thousand, ten dollars per month; provided, that each constable shall receive his actual and necessary expenses incurred in conveying prisoners to the county jail. In addition to the compensation received in criminal cases, each constable shall receive and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him. in civil action. 16. Supervisors, five hundred dollars each per annum, and mileage at the rate of ten cents per mile in going to and coming from the place of meeting of the board, not more than four board meetings per month; and as road commis- sioner, four dollars per day, not to exceed four hundred dol- lars per year in the aggregate. 17. For the purposes of subdivisions 14 and 15 of this sec- tion, the population of the several judicial townships shall be ascertained by the board of supervisors by multiplying by five the vote for presidential electors cast in each town- ship at the next preceding election. [Amendment approved March 20, 1905; Stats. 1905, p. 430. In effect in sixty days.] Act 837 SUPPLEMENT. 88 Section 173. In counties of the sixteenth class the county and township officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, thirty-five hundred dollars per annum. The sheriff shall also receive, in all civil cases, for his own use and benefit, the fees, commissions and mileage, which are now or which may hereafter be allowed by law, and the fees or commissions for the service of all papers whatsoever is- sued by any court of the state outside of his county. 3. The recorder, twenty-nine hundred dollars per annum. 4. The auditor, twenty-four hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, fifteen hundred dollars per annum. 7. The assessor, four thousand dollars per annum. 8. The district attorney, eighteen hundred dollars per an- num; provided, that he shall have power to appoint one as- sistant district attorney at a salary of one thousand dollars per annum, payable in the same manner as that of other county officers. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eighteen hundred per annum, and actual traveling expenses when visiting the schools of his county, but he shall receive no extra compen- sation for his services on the board of education. 12. The surveyor shall receive one thousand three hundred dollars per annum for all work performed for the county and in addition thereto actual traveling and other necessary expenses incurred in connection with field work; provided, that whenever the surveyor is directed by the assessor to plat, trace or otherwise prepare maps, plats, be allowed only the actual cost of preparing the same. 13. The justices of the peace shall receive the following monthly salaries, to be paid each month as salaries of the county officers are paid^, which shall be in full for all services rendered by them in criminal cases and all other criminal matters: — In townships having a population of five thousand or more, sixty-five dollars per month; in townships having a population of twenty-five hundred and less than five thou- sand, fifty dollars per month; in townships having a popula- 89 GENERAL LAWS. Act 837 tion of fifteen hundred and less than twenty-five hundred, fort}' dollars per month; in townships having a population of one thousand and less than fifteen hundred, thirty dollars per month ; in townships having a population of seven hun- dred and less than one thousand, twenty dollars per month; in townships having a population less than seven hundred, fifteen dollars per month. Each justice must pay into the county treasury, once a month, all fines collected by him. In addition to the monthly salary allowed herein, each jus- tice may receive for his own use such fees as are now, or may be hereafter allowed by law for all services performed by him in civil actions. There shall be one justice of the peace for each of said townships and no more. 14. Constables shall receive the following salaries, to be paid each month as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal cases and all other criminal matters: In townships having a population of five thousand or more, fifty dollars per month; in townships having a population of twenty-five hundred and less than five thousand, forty dollars per month; in townships having a population of fifteen hundred and less than twenty-five hundred, thirty dollars per month; in townships having a population of one thousand and less than fifteen hundred, twenty-five dollars per month; in townships having a population of seven hundred and less than one thousand, twenty dollars per month; in townships having a population less than seven hundred, fifteen dollars per month; provided, that in addition to the salary herein al- lowed, each constable shall be paid out of the treasury of the county for traveling expenses outside of his own town- ship, for the service of a warrant of arrest, or any other process in a criminal case or other criminal matter (when such service is, in fact, made) both going and returning, ten cents per mile; for each mile traveled out of his county, both going to and returning from the place of arrest or other service of process, five cents per mile; for transporting pris- oners to the county jail, ten cents a mile each way. In ad- dition to the monthly salary allowed him herein each con- stable may receive for his own use in civil cases the fees which are now or may hereafter be allowed by law. 15. The supervisors, each the sum of five dollars per day for actual service, (but not to exceed six hundred dollars per annum), and twenty cents per mile for all distances actually traveled, not to exceed two hundred dollars per Act 837 SUPPLEMENT. 90 annnm, in the performance of duties as road commissioner, together with mileage at the rate of twenty cents per mile, in going only, from place of residence to the county seat, at each session of the board. 16. For the purposes of subdivisions thirteen and fourteen of this section, the population of the several judicial town- ships shall be ascertained and determined by the board of supervisors, by multiplying by five the vote for presidential electors cast in each township at the next preceding elec- tion. [Amendment approved March 20, 1905; Stats. 1905, p. 485. In effect January 1, 1907.] Section 174. In counties of the seventeenth class the county officers shall receive as compensation for the ser- vices required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, twenty-five hundred dollars per an- num; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk the follow- ing deputies, who shall be appointed by the county clerk and shall be paid salaries as follows: One chief deputy, at a salary of one hundred dollars per month; one courtroom clerk, at a salary of one hundred dollars per month. The salaries of the chief deputy and courtroom clerk herein provided for shall be paid by said county in monthly in- stallments, .at the same time and in the same manner and out of the same fund as the salary of the county clerk is paid. 2. The sheriff, six thousand dollars per annum. 3. The recorder, twenty-eight hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the recorder a deputy, who shall be ap- pointed by the said recorder, and who shall be paid the following salary, to wit: ninety dollars per month, said salary to be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the recorder is paid. 4. The auditor, twenty -two hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to tie county auditor one deputy, who shall be appointed by the county auditor and paid a salary of ninety dollars per month, said salary to be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the county auditor is paid. 91 GENERAL LAWS. Act 837 5. The treasurer, one thousand five hundred dollars per annum. 6. The tax collector, two thousand dollars per annum. 7. The assessor, twenty-five hundred dollars per annum ; provided, that in counties of this class there shall be and is hereby allowed to the assessor two deputies, for a period of four months during^ each fiscal year^ who shall be ap- pointed by said assessor, and be paid a salary of seventy- five dollars per month, said salary to be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the as- sessor is paid. 8. The district attorney, two thousand five hundred dol- lars per annum; prorided, that in counties of this class there shall be and is hereby allowed to the district attorney a deputy, who shall be appointed by said district attorney, and who shall be paid the following salary, to wit: Fifty dollars per month, said salary to be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the salarj^ of the dis- trict attorney is paid. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as arc now or may be hereafter allowed by law. 11. The superintendent of schools, two thousand dollars per annum, and actual traveling expenses when visiting the' schools of his county. 12. The county surveyor, shall receive twelve hundred dol- lars per annum and necessary costs of transportation to and from, and necessary expense in the field while engaged on public work. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law; prorided, that in townships having a population of over six thousand, as shown by the United States census of nineteen hundred, in lieu of fees in criminal cases, and in full compensation for all services rendered in criminal cases, justices of the peace shall re- ceive a salary of ninety dollars per month, payable at the same time and in the same manner as the salary of other county officers. 14. Constables, such fees as are now or may be hereafter allowed by law; prorided, that in townships having a popula- tion of over six thousand, as shown by the United States Act 837 SUPPLEMEXT. 92 census of nineteen hundred, in lieu of fees in criminal cases and in full compensation of all services rendered in criminal cases, constables shall receive a salary of seventy-five dol- lars per month, payable at the same time and in the same manner as salaries of other county officers; provided further, that in addition to the monthly salary herein allowed, con- stables of townships of over six thousand inhabitants shall also be allowed all necessary expense actually incurred out- side of their townships, in pursuing and conveying prisoners to court or to prison, and said expense shall be audited and allowed by board of supervisors and paid out of the county treasury. 15. Each supervisor^ six hundred dollars per annum, and twenty cents per mile for traveling from his residence to the countj^ seat; and as road commissioner, four dollars per day, not to exceed two hundred dollars per annum in the aggregate. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, a monthly salary of one hundred and twenty-five dollars, pay- able out of the county treasury at the same time and in the same manner as the salaries of county officers; and for the transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcrip- tion in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. [Amendment approved March 20, 1D05; Stats. 1905, p. 313. In effect in sixty days.] Section 175. In counties of the eighteenth class, the county officers shall receive as compensation for the ser- vices required of them by law or by virtue of their office the following salaries, to wit: 1. The county clerk, four thousand dollars per annum. 2. The sheriff, six thousand five hundred dollars per an- num, and mileage for the service of any and all processes required bj' law to be served by him at the rate of ten cents per mile for evers' mile necessarily traveled in the perform- ance of such duty. 93 GENERAL LAWS. Act 837 3. The recorder, two thousand dollars per annum, and six cents per folio for every instrument of any character tran- scribed by him or his deputies, which said amount shall be paid by the county treasurer out of the county treasury. 4. The auditor, three thousand dollars per annum, o. The treasurer, two thousand dollars per annum. 6. The tax collector, three thousand six hundred dollars per annum; provided^ that as such tax collector or as ex- officio license collector he shall not have or receive any compensation for or percentage upon the collection of any license. 7. The assessor, five thousand dollars per annum. 8. The district attorney, four thousand dollars per annum. 9. The coroner, such fees as are now, or may be here- after allowed by law. 10. The public administrator, such fees as are now, or may be hereafter allowed by law. 11. The superintendent of schools, one thousand eight hun- dred dollars per annum, and actual traveling expenses when visiting the schools of his county, and one deputy at a salary of one thousand two hundred dollars per annum. 12. The surveyor, such fees as are now, or may hereafter "be allowed by law. 13. Justices of the peace shall receive the following monthly salaries to be paid each month as salaries of county oflicers are paid, which shall be in full compensation for uU services rendered as hereinafter provided: In townships having a population of three thousand or more, eighty-five dollars per month, which said salary shall be in full compensation for all services rendered by said justices of the peace in both civil and criminal cases, and all such fees as are allowed by law in civil cases shall be paid by said justices of the peace into the county treasury, as the fees of county ofiicers are paid in. In townships having a population of not less than two thousand and under three thousand^, thirty dollars per month, which shall be in full compensation for all services rendered in criminal cases. In addition to the above salary each jus- tice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be hereafter allowed by law. In townships having a population of not less than one thousand and under two thousand, twenty dollars per month, ■which shall be in full compensation for all services rendered Act 837 SUPPLEMEN-T. 94 in criminal cases. In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be hereafter allowed by law. In townships having a population of less than one thou- sand, fifteen dollars per month, which shall be in full com- pensation for all services rendered in criminal cases. In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be hereafter allowed by law. 14. Constables shall receive the following monthly sala- ries, to be paid each month as salaries of county ofiicers are paid, which shall be in full compensation for all ser- vices rendered by them in criminal cases: In townships having a population of more than three thou- sand, fifty dollars per month. In addition to the monthly salary allowed herein, each constable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil actions. In townships having a population of not less than two thousand and under three thousand, forty dollars per month. In addition to the monthly salary allowed herein^ each con- stable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all ser- vices performed in civil cases. In townships having a population of not less than one thousand and under two thousand, twenty-five dollars per month. In addition to the monthly salary allowed herein, each constable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil cases. In townships having a population of less than one thou- sand, ten dollars per month. In addition to the monthly salary allowed herein, each constable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed in civil cases. In addition to the monthly salary allowed herein, each constable shall also be allowed ten cents per mile for each mile necessarily traveled in the execution of all criminal process, and all expenses necessarily and actually incurred by him in transporting prisoners to court and to prison. 15. It shall be the duty of each and everv constable and justice of the peace to file, on or before the first Monday 95 GENERAL LAWS. Act 837 of each and every month, a full and complete statement, showing all business both civil and criminal done during the preceding month with the board of supervisors, and shall file same on or before said date above mentioned with the clerk of said board. The statement of the constables shall contain a full and correct account of all process served in both civil and criminal actions, also in criminal cases places where defendants were arrested, together with the mileage. And justices of the peace shall file a full and correct state- ment of all civil and criminal actions and fees received therefrom. Said statements to be sworn to either before the county clerk or some oflScer allowed by law to administer oaths. 16. The board of supervisors shall determine the popula- tion of each township for the purpose of fixing the salary of the township officers aforesaid. 17. The provisions of section one hvmdred and seventy- five shall be in force from and after the passage of this act. 18. Each supervisor, $1,000.00 per annum for personal ser- vices performed by him as supervisor, member of the board of equalization and road commissioner. Each supervisor shall also receive his actual and necessary traveling expen- ses incurred in performing any of the duties of his office, to be allowed by the board of supervisors and paid out of the county general fund; provided , that the amount so allowed him for such expenses shall not exceed $40.00 for any one month. 19. No fees shall be allowed the sheriff or tax collector for collecting licenses in counties of this class. [Amend- ment approved March 20, 1905; Stats. 1905, p. 482. In effect immediately.] Section 176. In counties of the nineteenth class the county officers shall receive, as compensation for the ser- vices required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, thirty-two hundred and fifty dollars per annum; provided, that in counties of this class there shall be one deputy county clerk, who shall be appointed by the county clerk, and paid a salary of seventy-five dollars per month, said salary to be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the county clerk is paid. Act 837 SUPPLEMENT. 95 1^2- A registration clerk to be appointed by the county clerk and to hold office during the pleasure of the county clerk, at a salary of seventy-five dollars per month, payable out of the same fund and in the same manner as the salary of other county oflficers are paid. 2. The sheritf, five thousand dollars per annum, and such mileage as is now allowed by law; all expenses incurred in criminal cases, and also all fees for services of papers in ac- tions arising outside of his county and the sum of 371/4 cents per day, for feeding each prisoner committed to his custody; and one deputy sheriff to act as jailer, shall be appointed by the sheriff, and be paid a salary of fifty dollars per month, said salary to be paid by the said county in monthly install- ments, at the same time and in the same manner and out of the same fund as the salary of the sheriff is paid. 3. The recorder, thirty-two hundred and fifty dollars per annum, and ten cents per name for inserting each name (as grantor or grantee), in the general index; and ten cents for each and every mortgage, trust-deed and tax sale abstracted in preparing abstract of mortgage and tax sales for the as- sessor; the cost thereof shall be a charge against the county and payable out of the general fund. 4. The auditor, two thovisand four hundred dollars per annum. The county auditor shall charge and collect for the clerical service of making estimates of tax sales provided for in section 3817 of the Political Code, the sum of 25 cents for each tax sale. If the property is delinquent for two years or less, the sum of 50 cents for each sale if the property is delinquent for more than two years. If said estimates are returned to the auditor and redemp- tion made within ten days from date of issue and prior to the charsce of penalty, as provided for in section number 3817 of the Political Code, the amount charged for making said esti- mates shall be refunded to the redemptioner. If the redemp- tion is not made as herein provided then the sum charged for making the estimate shall be retained by said auditor for his services of making said estimates. 5. The treasurer, eighteen hundred dollars per annum; provided, that in counties of this class there shall be one deputy treasurer, who shall be appointed by the treasurer, and paid a salary of sixty-five dollars per month; said salary to be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the treasurer is paid; provided that a 97 GENERAL LAWS. Act 837 bond of the treasurer shall be executed with a reliable bond and security company, and that the cost of said bond, when duly approved, shall be a charge against the county and payable out of the general fund. 6. The tax collector, eighteen hundred dollars per annum, and as license tax collector, ten per cent, of all licenses col- lected; provided, that in counties of this class there shall be one deputy tax collector, who shall be appointed by the tax collector, and paid a salary of sixty-five dollars per month, said salary to be paid by the said county in monthly install- ments, at the same time and in the same manner and out of the same fund as the salary of the tax collector is paid. 7. The district attorney, twenty-five hundred dollars per annum; provided, that in counties of this class there shall be one deputy district attorney, who shall be appointed by the district attorney, and paid a salary of one hundred dollars per month, said salary to be paid by the said county in monthly installments, at the same time and in the same man- ner and out of the same fund as the salary of the district attorney is paid. 8. The superintendent of schools, eighteen hundred dollars per annum, and actual traveling expenses when visiting the schools of his county; provided, that in counties of this class there shall be one deputy superintendent of schools, who shall be appointed by the superintendent of schools, and paid a salary of. seventy-five dollars per month, said salary to be paid by the said county in monthly installments, at the same tijne and in the same manner and out of the same fund as the salary of the superintendent of schools is paid. 9. The assessor, thirty-two hundred and fifty dollars per annum; provided, that in counties of this class there shall be one deputy assessor, who shall be appointed by the assessor, to hold office during the months of March, April, May, and June, in each year, and be paid a salary of seventy-five dollars per month, during said four months, said salary to be paid by the said county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the assessor is paid. 10. The coroner, such fees as are now or may be hereafter allowed by law. 11. The public administrator, such fees as are now or may be hereafter allowed by law. 12. The surveyor, such fees as are now or may be here- after allowed by law. General Laws— 9 Act 837 SUPPLEMENT. 96 13. Justices of the peace shall receive the following month- ly salaries, to be paid each month as the salaries of county officers are paid, which shall be in full for all services ren- dered by them in criminal cases: In townships having a pop- ulation of three thousand or more, one hundred dollars a month; in townships having a population of twenty-five hundred and less than three thousand, fifty dollars a month; in townships having a population of two thousand and less than twenty-five hundred, forty-five dollars a month; in town- ships having a population of twelve hiandred and less than two thousand, forty dollars a month; in townships having a population of one thousand and less than twelve hundred, twenty dollars a month; in townships having a population of four hundred and fifty, and less than one thousand, fifteen dollars a month; in townships having a population of less than four hundred and fifty, five dollars a month. Each justice must pay into the county, once a month, all fines col- lected by him in criminal cases, and the auditor must with- hold warrants for salary until a sworn statement has been filed with him of all criminal cases tried and fines collected and paid into the county treasury. In addition to the monthly salary allowed herein, each justice may receive for his own use in civil cases the fees allowed by law. For all services appertaining to the coroner's office which the cor- oner is unable to attend to, the justice of the peace shall receive the same fees as are allowed the coroner in similar cases. 14. Constables shall receive the following salaries to be pnid each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of three thousand or more, one hundred dollars a month; in town- ships having a population of twenty-five hundred and less than three thousand, eighty dollars a month; in townships having a population of two thousand and less than twenty- five hundred, seventy-seven and one half dollars a month; in townships having a population of twelve hundred and less tlian two thousand, seventy-five dollars a month; in town- ships having a population of one thousand and less than twelve hundred, thirty-five dollars a month; in townships having a population of four hundred and fifty and less than one thousand, twenty-five dollars a month; in townships hav- ing a population of less than four hundred and fifty, five dollars a month; provided further, that in addition to the 99 GENERAL LAWS. Act 837 salary herein allowed, each constable shall be paid out of the treasury of the county for traveling expenses outside of his townshi]3, for service of a warrant of arrest or any other paper in a criminal case, such fees as are now or may be hereafter allowed by law. For transporting pr.'soners to the county jail, the actual expense of such transportation. In addition to the monthly salaries allowed him herein, each constable may receive for his own use in civil cases the fees allowed by law. 15. The population of the several judicial townships, for the purpose of fixing the compensation of township officers, shall be ascertained and declared by the board of super- visors on the first Monday after the first clay of January, nineteen hundred and three, and on the first Monday after the first day of January every succeeding two years there- after. 16. Each member of the board of supervisors, nine hun- dred dollars per annum: And as road commissioner, three hundred dollars per annum. 17. Grand jurors or trial jurors in criminal cases in the superior court shall receive, as compensation for each day's attendance, per day, three dollars; and for each mile actually traveled, in attending court as a grand juror or juror in a criminal case, in the superior coiirt in going only, per mile, fifteen cents. The county clerk shall certify to the auditor the number of days attendance and the number of miles traveled by each juror, and the auditor shall draw his war- rant for the amount to which each juror is entitled, and the treasurer shall pay the same. [Amendment approved March 20, 1905; Stats. 1905, p. 352. In effect in sixty days.] Section 177. In counties of the twentieth class, county offi- cers shall receive as compensation for the services required of them by law or by virtue of their offices, the following salaries to wit: 1. The county clerk, three thousand two hundred dollars per annum; provided, that in years when a great register is ordered the county clerk shall receive in addition to his regular salary the sum of five hundred dollars for such ser- vice. 2. The sheriff, forty-three hundred dollars per annum, and all commissions, fees and mileage for the service of papers or process coming from courts other than those of his own county. 3. The recorder, twelve hundred dollars per annum, and fiix cents per folio for every instrument of any character Act 837 SrPPLEMENT. 100 transcribed by him or his deputies, and five cents for each name indexed, which said amount shall be paid out of the county treasury, and which payment shall be in full for all services, including the recording of mining claims. 4. The auditor, two thousand two hundred dollars per an- num. The county auditor shall charge and collect for the clerical labor of making estimates of tax sales, provided for in section thirty-eight hundred and seventeen of the Political Code, the sum of twenty-five cents for each tax sale, if the property is delinquent for two years or less; and the sum of fifty cents for each sale if said property is delinquent for more than two years. If said estimates are returned to the auditor and redemption made within twenty days from the date of issue and prior to the charge of penalties as provided in section thirty-eight hundred and seventeen of the Political Code, the amounts charged for making said estimates shall be refunded to the redemptioner; if redemption is not made as herein provided, then the sums charged for making the estimates shall be retained by the auditor for his services of making said estimates. 5. The treasurer, eighteen hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the treasurer one deputy, to be appointed by him, who shall receive from the county a salary of forty dollars ($40) per month, to be paid by said county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the treas- urer. 6. The tax collector, twenty-five hundred dollars per an- num. 7. The assessor, forty-eight hundred dollars per annum, which shall be in full for all work in his office and for his field deputies. 8. The district attorney, eighteen hundred dollars per an- num. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now, or may be hereafter allowed by law. 11. The superintendent of schools, two thousand dollars per annum. His office shall be kept open on all business (iays from 9 A. M. to 5 p. m. He shall be allowed his actual travel- ing expenses when visiting the schools of his county, provided that in counties of this class there shall be and there hereby 101 GENERAL LAWS. Act 837 is allowed to the county school superintendent of schools, one deputy to be appointed by him who shall receive from the county a salary of eighty-five dollars ($85) per month, to be paid by said county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the superintendent of schools. 12. The surveyor, fifteen hundred dollars per annum, and in addition thereto all necessary expenses and transportation on work performed in the field; provided, that in counties of this class, when the board of supervisors order a new set of assessors' maps made, there shall be and there hereby is al- lowed to the surveyor, for such purpose, three draughtsmen, who shall be appointed by the surveyor of said county and shall be paid salaries as follows: one draughtsman, at a salary of eighty dollars ($80) per month; two draughtsmen at a salary of seventy-five dollars ($75) per month each. The salaries of the draughtsmen, herein provided for, shall be paid in monthly installments at the same time and in the same manner and out of the same fund as the salary of the surveyor. 13. Justices of the peace shall receive the following month- ly salaries, to be paid each month, as salaries of the county ofl&cers are paid, which shall be in full for all services ren- dered by them in criminal cases: in townships having a pop- ulation of eight thousand or more, seventy-five dollars per month; in townships having a population of six thousand and less than eight thousand, fifty dollars per month; in townships having a population of four thousand and less than six thousand, twenty-five dollars per month; in town- ships having a population of two thousand and less than four thousand, fifteen dollars per month; in townships hav- ing a population of one thousand and less than two thousand, ten dollars per month; in townships having a population of less than one thousand, five dollars per month; provided, that in all townships having an area equal to or exceeding one thousand square miles, such salary shall not be less than fifty dollars per month. Each justice must pay into the county treasury, once a month, all fines collected by him in criminal cases, and the auditor shall withhold warrant for salary until a sworn statement has been filed with him of all criminal cases tried and fines collected and paid into the county treasury. In addition to the monthly salary allowed herein, each justice may receive for his own use in civil cases the fees allowed by law. For all services appertaining Act 837 SUPPLEMENT. 102 to the coroner's office which the eoroner is unable to attend to, the justice of the peace shall receive the same fees as are allowed the coroner in similar cases. 14. Constables shall receive the following monthly salaries, to be paid each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases; in townships having a population of eight thousand or more, seventy-five dollars a month; in townships having a population of six thousand and less than eight thou- sand, fifty dollars a month; in townships having a popula- tion of four thousand and less than six thousand, twenty-five dollars a month; in townships having a population of two thousand and less than four thousand, fifteen dollars a month; in townships having a population of one thousand, and less than two thousand, ten dollars a month; in townships having a population of less than one thousand, five dollars a month; provided that in all townships having an area equal to or exceeding one thousand square miles, such salary shall not be less than fifty dollars per month; prodded further, that in ad- dition to the salary herein allowed, each constable shall be paid out of the treasury of the county for traveling expenses outside of his own township, for service of a warrant of arrest or any other paper in a criminal case, both going and returning, ten cents per mile; for each mile traveled out of his county, both going and returning from the place of arrest or other service, five cents per mile. For transporting pris- oners to the county jail, the actual oost of such transporta- tion. In addition to the monthly salary allowed him herein, each constable shall receive for his own use in civil cases the fees allowed by law. 15. The population of the several townships shall be deter- mined by the last United States census, and in case town- ships are formed after the taking of the census, then the population shall be determined by multiplying the vote for presidential electors cast in such township at the last pre- ceding general election by five. 16. Each supervisor, five hundred dollars per annum, and fifteen cents per mile one way for traveling from his resi- dence to the county seat; provided, that not more than four mileages shall be allowed in any one month. When serv- ing as road commissioner, such fees as are now or may be hereafter allowed by law. 17. Tn coimties of I'his class the official reporter of the superior court shall receive as full compensation for taking 103 GENERAL LAWS. Act 837 notes in civil and criminal cases tried in said court, and for taking notes of the proceedings and testimony at all coron- er's inquests in the county, when requested by the coroner, and for talking notes of the testimony and proceedings in all examinations before committing magistrates, when re- quested by the district attorney, a monthly salary of one hundred dollars ($100) payable out of the county treasury, at the same time and in the same manner as the salaries of county officers; and for transcription of said notes when required he shall receive the sum of five cents per folio for the original and five cents per folio for copy, said compen- sation for transcription in criminal cases, coroner's inquests and preliminary examinations to be audited and allowed by the board of supervisors as other claims against the county and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or when ordered by the judge by either party, or jointly by both parties, as the court may direct. When necessary for such reporter to travel away from the county scat in the performance of his duty, he shall receive his actual and necessary^ traveling ex- penses, to be allowed and paid by the board of supervisors as are the other county charges. [Amendment approved March 20, 1905; Stats." 1905, p. 301. In effect in sixty days.] Section 178. In counties of the twenty-first class county officers shall receive, as compensation for the services re- quired of them by law or by virtue of their offices, the fol- lowing salaries, to wit: 1. The county clerk, three thousand dollars per annum, and when a great register of votes is ordered he shall receive six hundred and fifty dollars additional, which shall be in full for all services rendered in registering votes and mak- ing the great register. 2. The sheriff, six thousand dollars per annum. The sher- iff shall also receive for his own use, for serving all pa- pers issued from justice's courts, the same fees as are now or may be hereafter allowed by law to constables for like service. 3. The recorder, three thousand two hundred dollars per annum. 4. The auditor, eight hundred dollars per annum. 5. The treasurer, two thousand five hundred dollars per annum. Act 837 SUPPLEMENT. 104 6. The tax collector, six hundred and fifty dollars per annum. 7. The assessor, five thousand five hundred dollars per an- num. 8. The district attorney, two thousand five hundred dol- lars per annum; and the district attorney may appoint one deputy, which office is hereby created, at a salary of six hundred dollars per annum. The deputy district attorney to hold office at the pleasure of the district attorney. The salary of such deputy to be paid monthly and in the same manner as salaries of county officers are now paid. 9. The coroner, such fees as are now or may be hereaf- ter allowed by law. 10. The public administrator, four hundred dollars per annum. 11. The superintendent of schools, two thousand dollars per annum; provided, if he shall engage in any other oc- cupation during his term of office his salary shall only be liix hundred dollars per annum. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Each member of the board of supervisors shall receive for his services the sum of nine hundred dollars per annum, and twenty cents per mile in traveling to and from his residence to the county seat; provided, that no more than one mileage at any one term of the board shall be allowed, and that one fourth of the annual salary shall be paid at the close of each quarterly session of the board. 14. Justices of the peace, such fees as are now or may be hereafter allowed by law; provided, that justices of the peace of townships containing four thousand five hun- dred inhabitants or more shall be allowed a salary of six hundred dollars per annum, payable monthly and in the same manner as salaries of county officers are paid, and shall be in full for all services rendered by him in crimi- nal cases; provided further, that justices of the peace shall, before receiving their monthly salary, file with the auditor a statement of all fines received, together with the treas- urer's receipt for same. All fines collected by justices of the peace shall be turned over to the county treasurer of said county within ten days after receipt of same; provided, that all fines collected for city offenses shall be turned over to the city treasurer of the city where the offense shall have been committed. In addition to the monthly 105 GENERAL LAWS. Act 837 salaries herein allowed, each justice of the peace may re- ceive and retain for his own use such fees as are now or may be hereafter allowed by law, for all services rendered by him in civil actions. 15. Constables, such fees as are now or may be hereafter allowed by law; provided, that constables of townships con- taining two thousand inhabitants or more shall be allowed a salary of four hundred and eighty dollars per annum, payable monthly and in the same manner as county officers are paid, and shall be in full for all services rendered by them in criminal cases; provided further, that they shall be allowed all necessary expenses actually incurred in ar- resting and conveying prisoners to the county jail which said expense shall be audited and allowed by the board of supervisors and paid out of the county treasury. In ad- dition to the monthly salary herein allowed, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law, for all services rendered by him in civil actions. For the purpose of regu- lating salaries of justices and constables, townships in this class of counties are hereby classified according to their population as shown by the federal census of one thou- sand nine hundred. 16. In counties of this class the official reporter of the superior court shall receive such fees as are now or may be hereafter allowed by law, and when necessary for such reporter to travel away from the county seat in the per- formance of his duty, he shall receive his actual and nec- essary traveling expenses, to be allowed and paid by the board of supervisors as are other county charges. [Amend- ment approved March 20, 1905; Stats. 1905, p. 361. In ef- fect immediately.] Section ISO. In counties of the twenty-third class, the county officers shall receive, as compensation for the ser- vices required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk four thousand five hundred dollars per annum; provided, that in years when a great register is ordered, the county clerk shall receive in addition to his regular salary the sum of eight hundred dollars for such, service. 2. The sheriff, six thousand dollars per annum. 3. The recorder, three thousand two hundred dollars per annum. Act 837 SUPPLEMENT. 106 4. The auditor, one thousand five hundred dollars per an- num. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, three thousand five hundred dollars per annum, and the fees and commissions now or hereafter al- lowed by law. The assessor shall also be allowed the fol- lowing deputies, to be appointed by him, viz: One deputy for each bona fide increase of two hundred real" estate state- ments made for assessment purposes over and above three thousand of such statements, and not to exceed in all five deputies. Each of such deputies shall receive a monthly compensation of one hundred dollars, for the months of March, April, May and June of each year. The salary of said deputies to be paid in the same manner, anil out of the same fund as the assessor, upon the presentation of a certificate that services have been performed, and signed by the assessor. 8. The district attorney, twenty-four hundred dollars per annum; assistant district attorney, nine hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dollars per annum. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors $1200.00 per annum, and mileage when acting as road commissioner, 25 cents per mile one way; provided the amount of mile- age shall not exceed the sum of $300.00 in any one year. This subdivision of this section shall take effect and be in full force from and after the passage of this act. 16. Member of the board of education, each the sum of five dollars per day for actual service, toegther wuth mile- age at ten cents per mile. [Amendment approved March 20, 1905; Stats. 1905, p. ' 318. In effect in part imme- diately, and in part in sixty days.] 107 GENERAL LAWS. Act 837 Section 182. In counties of the twenty-fifth class the of- ficers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, four thousand dollars per annum. 2. The sheriff, five thousand five hundred dollars per an- num. 3. The recorder, two thousand dollars per annum, and six cents for each folio recorded. Provided, that the six cents per folio for recording shall go into effect immediately. 4. The auditor, twenty-four hundred dollars per annum. 5. The treasurer, twenty-se'^en hundred dollars per an- num. 6. The tax collector, two thousand dollars per annum, and one deputy, at nine hundred dollars per annum. 7. The assessor, four thousand dollars per annum, and one deputy, at a salary of nine hundred dollars per annum. 8. The district attorney, twenty-five hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thousand five hun- dred dollars per annum, and actual traveling expenses when visiting the schools of his county, and one deputy, at nine hundred dollars per annum. 12. The surveyor, shall receive one thousand five hun- dred dollars per annum for all work performed for the county, and in addition thereto, actual traveling and other necessar}'- expenses incurred in connection with field work; provided, that whenever the surveyor is directed by the as- sessor to plat, trace, or otherwise prepare maps, plats, or block book for the use of the county assessor, he shall be allowed only the actual cost of preparing the same. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, five hundred dollars per annum, and ten cents per mile for traveling from his residence to the county seat; provided, that not more than one mileage for one session of the board shall be allowed. For servintr as Act 837 SUPPLEMENT. 108 road commissioner, two hundred dollars per annum. [Amend- ment approved March 20, 1905; Stats. 1905, p. 383. In ef- fect in part immediately, and in part in sixty days.] Section 1S3. In counties of the twenty-sixth class^ the officers shall receive, as compensation for the services re- quired of them by law, or by virtue of their office, the following salaries, to wit: 1. The county clerk, five thousand dollars per annum, and twelve and a half cents for each elector registered. 2. The sheriff, seven thousand dollars per annum. He may retain for his own use the mileage and fees for the service of papers or process issued by any court of this state outside of his county. 3. The recorder, sixteen hundred dollars per annum, seven cents for each folio recorded, and five cents for each name indexed. 4. The auditor, two thousand dollars per annum. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, three thousand dollars per annum. 7. The assessor, five thousand dollars per annum. 8. The district attorney, four thousand dollars per an- num; provided, that he shall be disqualified from eugafelnj in any cause or action to which the county or state is not a party. 9. The coroner, such fees as are now or may be hereaf- ter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eighteen hundred dol- lars per annum (whif^h shall include his services as a mem- ber of the board of education), and his actual traveling expenses when visiting schools, not to exceed ten dollars per district. 12. The surveyor shall receive twelve hundred dollars per annum, and traveling and official expenses in the county. 13. Each supervisor, six dollars per day while in tlie ser- vice of the county, and thirty cents per mile for traveling from his residence to the county seat. 14. In counties of this class the township officers, shall receive the following compensation, to wit: In townships having a population of six thousand, or more, .instices of tlip peace sh^ll receive a monthly salary of one hundred and twenty-five dollars per month, and con- 109 GENERAL LAWS. Act 837 stables a monthly salary of one hundred and twenty-five dollars per month; In townships having a population of three thousand, or more, and less than six thousand, justices of the peace shall receive a monthly salary of one hundred dollars per month, and constables a monthly salary of one hundred dollars per month; In townships having a population of eighteen hundred and forty-four, or more, and less than three thousand, jus- tices of the peace shall receive a monthly salary of fifty dollars per month, and constables a monthly salary of sixty dollars; In townships having a population of seventeen hundred and seventy-five, or more, and less than eighteen hundred and forty-four, justices of the peace shall receive a monthly salary of ten dollars per month, and constables a monthly salary of twenty dollars per month; In townships having a population of seventeen hundred and sixty, or more, and less than seventeen hundred and seventy-five, justices of the peace shall receive a monthly salary of fifty dollars per month, and constables a monthly salary of seventy-five dollars per month; In townships having a population of thirteen hundred and eighty, or more, and less than seventeen hundred and sixty, justices of the peace shall receive a monthly salary of ninety-five dollars per month, and constables a monthly salary of one hundred dollars per month; In townships having a population of eleven hundred 'and seventy-five, or more, and less than thirteen hundred and eighty, justices of the peace shall receive a monthly salary of eighty dollars per month, and constables a monthly sal- ary of ninety dollars per month; In townships having a population of eight hundred and eighty, or more, and less than eleven hundred and seventy- five, justices of the peace shall receive a monthly salary of twenty dollars per month, and constables a monthly sal- ary of thirtv dollars per month; in townships having a population of seven hundred and eighty, or more, and less than eight hundred and eighty, jus- tices of the peace shall receive a monthly salary of forty dollars per month, and constables a monthly salary of fifty dollars per month; In townships having a population of seven hundred and sixty-fi[ve or more, and less than seven hundred and eighty, General Laws— 10 Act 837 SUPPLEMENT. 110 justices of the peace shall receive a monthly salary of fif- teen dollars per month, and constables a monthly salary of twenty dollars per month; In townships having a population of six hundred and forty, or more, and less than seven hundred and sixty-five, justices of the peace shall receive a monthly salary of fif- teen dollars per month, and constables a monthly salary of twenty dollars per month; In townships having a population of six hundred and five, or more, and less than six hundred and forty, justices of the peace shall receive a monthly salary of fifteen dollars per month, and constables a monthly salary of twenty dollars per month; In townships having a population of five hundred and sixty, or more, and less than six hundred and five, justices of the peace shall receive a monthly salary of fifty dollars per month, and constables a monthly salary of sixty dollars per month; In townships having a population of two hundred and ten, or more, and less than five hundred and sixty, justices of the peace shall receive a monthly salary of fifteen dollars per month, and constables a monthly salary of twenty dollars; In townships having a population of less than two hundred and ten, justices of the peace shall receive a monthly sal- ary of fifteen dollars per month, and constables a monthly salary of twenty dollars per month; The above named salaries shall be in full compensation for -all services of said justices of the peace and constables in criminal cases; provided, that each constable shall be al- lowed and paid out of the county treasury for transporting prisoners to the county jail the actual expense of such trans- portation; Said justices of the peace and constables may retain for their own use, the fees allowed by law in civil cases. And provided, further, that for the purposes of this act, the population of the several townships shall be ascertained by multiplying the number of registered voters at the last pre- ceding presidential election by five. The salaries of township oflicers as herein provided for shall be paid in the same manner, at the same time, and out of the same funds, that county officers are paid. 15. The official reporter of the superior court shall receive, as full compensation in taking notes in civil and criminal cases tried in said court, a monthly salary of one hundred Ill GENERAL LAWS. Act 837 and fifty dollars, payable out of the county treasury at the same time and in the same manner and from the same fund as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of fifteen cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury and in civil cases to be paid by the party ordering the same, or when ordered by the judge, by either party, or jointly by both parties, as the court may direct. 16'. All acts or parts of acts in conflict with this act are hereby repealed. [Amendment approved March 20, 1905;. Stats. 1905, p. 385. In effect immediately.] Section 184. In counties of the twenty-seventh class the county officers shall receive, as compensation for the ser- vices required of them by law or by virtue of their offices, the following salaries to wit: 1. The county clerk, three thousand dollars per annum, and five hundred dollars additional per annum for compiling great register of the couiity. 2. The sheriff, five thousand dollars per annum, and the fees, mileage or commissions for the services of all papers whatever issued by any court outside of this county, and all mileage for service of papers issued out of any civil case in his own county. 3. The recorder, two thousand dollars per annum; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees re- quired by law to be so collected; and prodded, that when the amount of said fees so collected shall amount to more than one hundred and fifty dollars in any month, the said recorder may receive and retain for his own use, in addi- tion to his salary, all fees in excess of one hundred and fifty dollars in any month so collected. 4. The auditor, seven hundred and fifty dollars per annum. 5. The treasurer, two thousand dollars per annum, and fees as now provided. 6. The tax collector, two thousand dollars per annum, and fees on delinquent poll taxes, which shall be in full for all services as tax collector. 7. The assessor, three thousand two hundred dollars per annum. Act 837 SUPPLEMENT 112 8. The district attorney, two thousand dollars per annum. 9. The coroner, such fees as are now, or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. Superintendent of schools, one thousand six hundred dollars per annum, and actual traveling expenses when visit- ing the schools of the county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. For the purpose of regulating the compensation of jus- tices of the peace and constables, townships in this class of counties are hereby classified according to their population, as shown by the federal census of nineteen hundred as fol- lows: Townships having a population of five thousand or more shall belong to and be known as townships of the first class; townships having a population of three thousand and less than five thousand, shall belong to and be known aa townships of the second class; townships having a population of one thousand and less than three thousand, shall belong to and be known as townships of the third class, and town- ships having a population of less than one thousand, shall belong to and be known as townships of the fourth class. Justices of the peace and constables shall receive the fol- lowing salaries, which shall be paid monthly, in the same manner as salaries of countj^ officers are paid, and which shall be in full of all services rendered by them in criminal cases, to wit: In townships of the first class, seventy-five dollars; in townships of the second class, fifty-five dollars; in town- ships of the third class, thirty dollars, and in townships of the fourth class, twenty dollars. In addition of the monthly salaries herein allowed, each justice of the peace and eon- stable may receive and retain for his own use such fees as are now or may hereafter be allowed by law, for all services rendered by him in civil actions. Constables shall also be allowed all necessary expenses actually incurred in arresting and conveying prisoners to court or to prison, which said expense shall be audited and allowed by the board of supervisors and paid out of the county treasury. 14. In counties of this class the oflicial reporter of the superior court shall receive as full compensation for taking notes in civil and criminal cases in the superior court, tried therein, and at preliminary examinations before the justices' courts of the county and for taking notes at all coroners' 113 GENERAL LAWS. Act 837 inquests, a monthly salary of one hundred and twenty-five dollars, payable out of the county treasury at the same time and in the same manner as the salary of other county officers, and for transcription of said notes, when required, the sum of ten cents per folio for the original, and five cents per folio for a copy shall be paid the reporter making the transcrip- tion; proridcdj that said official reporter herein designated shall perform all the services necessary in the superior «ourt of the county, at all preliminary examinations held before justices of the peace of the county and at all cor- oners' inquests. Said compensation for transcription in criminal cases, at preliminarj' examinations and at coron- ers' inquests to be allowed on the order of the court, or the coroner, as the case may be, and paid out of the county treasury, and in civil cases to be paid by the party or- dering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. Said official reporter shall furnish his own typewriting machine, and shall also receive from the county his actual traveling expenses, when required to travel to and from any justices' court within the county, except the county Beat. 15. Each member of the board of supervisors shall receive one thousand dollars per annum, payable monthly, which shall be in full for all services as supervisors. The provisions of subdivisions thirteen, fourteen, and fif- teen of this section shall take effect and be in force thirty days from and after the passage of this act. [Amendment approved March 20, 1905; Stats. 1905, p. 391, In effect partly in thirty days and partly in sixty days.] Section 1S5. In counties of the twenty-eighth class the county and township officers shall receive as compensation for the services required of them by law, or by virtue of their offices the following salaries and fees, to wit: 1, The county clerk, three thousand two hundred fifty dol- lars per annum; and in each year in which a new and com- plete registration of voters is required by law, he shall re- ceive such additional amount as shall be necessary to pay deputy registration clerks for taking affidavits of registra- tion outside of the office at the rate of ten cents each, the claims for which shall be presented to and allowed by the board of supervisors as other claims are presented and al- lowed. 2, The sheriff, six thousand dollars per annum. Act 837 SUPPLEMENT. 114 3. The reoorrler, two thousand two hundred fifty dollars per annum. The recorder shall collect and pay into the county treasury the fees required by law. 4. The auditor one thousand dollars per annum. 5. The treasurer two thousand dollars per annum. 6. The tax collector one thoi^sand dollars per annum, 7. The assessor four thousand two hundred and fifty dol- lars per annum. 8. The district attorney, two thousand two hundred fifty dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now, or may hereafter be allowed by law. 11. The superintendent of schools, eighteen hundred dol- lars per annum, including services on board of education. He shall be allowed his actual traveling expenses not to exceed three hundred dollars per annum; he shall also be allowed one deputy whose salary shall be fifty dollars per month, payable the same as the salaries of county ofiicers; provided that he shall keep his office open from 9 o'clock A. M. to 5 o'clock P. M. of each business day. 12. The STirveyor shall receive a per diem of ten dollars for all work performed for the county, and in addition thereto, all necessary expenses and transportation on work performed in the field. 13. The justices of the peace, such fees as are now or may hereafter be allowed by law; provided, that the amount al- lowed by the board of supervisors for services in prosecu- tions under section six hundred and forty-seven of the Penal Code, and prosecutions for fraudulently evading or attempting to evade the payment of fare for traveling on any railroad, shall not exceed twenty dollars for any one month; provided, further, that the amount allowed by the board of supervisors for services in prosecutions of misde- meanor cases other than those hereinbefore specified in this subdivision, shall not exceed the sum of thirty dollars for any one month. 14. The constable Shall receive the following fees, to wit: for serving summons and complaint, for each defendant served, one dollar; for each copy of summons for service when made by him, twenty-five cents; for levying writ of attachment or execution or executing order of arrest or for the delivery of personal property, one dollar; for keep- 115 GENERAL LAWS. Act 837 ing personal property, such sum as the court may order, but no more than two dollars per day shall be allowed for a keeper when necessarily employed; for taking bond or under- taking,' fifty cents; for copies of writs and other papers, ex- cept summons, complaints and subpoenas, per folio ten cents; provided^ that when correct copies are furnished him for use, no charge shall be made for copies; for serving any writ, notice or order, except summons, complaints or sub- poenas, for each person served, fifty cents; for writing and posting each notice of sale of property, twenty-five cents; for serving subpoenas, each witness, including copy, twenty- five cents; for collecting money on execution,' two and one half per cent, to be charged against the defendant named in the execution; for executing and delivering certificate of sale, one dollar; for executing and delivering constable's deed, two dollars; for every mile necessarily traveled in his township, in going only, to serve any civil or criminal pro- cess or paper, or to take a prisoner before a magistrate or to prison, twenty-five cents; outside of his township, but within his county, twenty cents; but when two or more per- sons are served or summoned in the same suit and at the same time, mileage shall be charged only for the more dis- tant if they live in the same direction; for each mile nec- essarily traveled outside of his county in making criminal arrests, both going and returning from place of arrest, ten cents; in transporting prisoners to the county jail, or before a magistrate, either upon arrest or for trial or examination, or after conviction, he shall receive in addition to the above mileage, his actual and necessary expenses for himself and prisoner; provided, that where two or more prisoners are transported at the same time, no more than one mileage shall be allowed; for making each arrest in criminal cases, one dollar and fifty cents; for sales of estrays, the same fees as for sales on execution; for summoning a jury, two dol- lars, including mileage; for all other services, the same fees as are allowed sheriffs for like services; provided further, that no more than sixty dollars, shall be allowed to any con- stable in counties of this class in any one month for fees and mileage in criminal matters. 15. Each supervisor, six hundred dollars per annum, and twenty cents per mile for traveling from his residence to and from the county seat; provided, such mileage shall not be allowed more than once a month; and for his services as road commissioner, he shall receive twenty cents per mile Act 837 SUPPLEMENT. 116 one way for all distances actually and necesarily traveled by him in the performance of his duties; prociJvd, he shall not in any one year receive more than three hundred dol- lars as such road commissioner. 16. In counties of this class grand jurors and jurors in the superior court shall receive for each day's attendance the sum of three dollars, and for each mile actually and neces- arily traveled from their residence to the county seat, the STim of twenty-five cents; such mileage to be allowed but once during each session such jurors are required to attend. [Amendment approved March 20, 1905; Stats. 1905, p. 371. In effect in sixty days.] Section 186. In counties of the twenty-ninth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: The county clerk, two thousand two hundred and fifty ($2250) dollars per annum, and when a new great register of voters is ordered, he shall receive in addition, fifteen (15) cents per name for each voter registered, which shall be in full for all services required in registering voters and making the great register; proiided, that in counties of this class there shall be and is hereby allowed to the county clerk, a deputy, who shall be appointed by said county clerk, who shall be paid a salarj"- of seventy-five dollars ($75) per month, said salary to be paid by said county in monthly in- stallments at the -same time and in the same manner and out of the same fund, as the salary of the county clerk is paid. 2. The sheriff, four thousand five hundred dollars ($4500) per annum; and, also all fees for services of papers in ac- tions arising outside of his county. 3. The recorder, two thousand one hundred dollars ($2100) per annum. 4. The auditor, one thousand two hundred dollars ($1200) per annum. 5. The treasurer, two thousand one hundred dollars ($2100) per annum. 6. The tax collector, one thousand ($1000) per annum. 7. The assessor, two thousand five hundred dollars ($2500) per annum; and also such fees and commissions as are al- lowed by law. 8. The district attorney, two thousand four hundred dol- lars ($2400) per annum. 9. The superintendent of schools, two thousand one hun- 117 GENERAL LAWS. Act 837 dred dollars (.*2100) per annum and actual traveling ex- penses when visting the schools of his county. 10. Tlie coroner, such fees as are now or may be hereafter allowed by law. 11. The public administrator, such fees as are now or may be hereafter allowed by law. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law, and in addition thereto three dollars ($3) per day for each day 's actual attendance in court during a jury trial therein or a preliminary examintion for felony; pro- vided, that no constable shall receive more than three dol- lars ($3) for any one day's attendance on any court. 15. Each supervisor, fifty dollars ($50) per month and mileage at the rate of ten cents per mile for traveling to and from his residence to the county seat at each session. 16. Each member of the board of education, including the secretary, five dollars ($5) per day when the board is in session, and ten cents per mile for traveling to and from his or her residence to the county seat at each session, unless otherwise provided for by law. [Amendment approved March 20, 1905; Stats. 1905, p. 299. In effect on the first Monday after the first day of January, 1907.] Section 187. In counties of the thirtieth class the county officers shall receive as compensation for the ser- vices required of them by law or by virtue of their offices the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, five thousand seven hundred dollars per annum. A'lso, the following, to be audited and paid as other county charges: For every mile necessarily traveled in executing any warrant of arrest, twenty-five cents per mile; for taking prisoners to magistrate or jail, the actual cost of such transportation. 3. The recorder, three thousand dollars per annum, which shall be in full for all services. 4. The auditor, one thousand eight hundred dollars per annum. 5. Tax collector, two thousand dollars per annum. 6. Assessor, three thousand two hundred dollars per an- num. Act 837 SUPPLEMENT. 118 7. The treasurer, one thousand six hundred dollars per annum. 8. The district attorney, one thousand eight hundred dol- lars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools, two thousand five hun- dred dollars per annum, which shall be in full for all ser- vices performed, including the visiting of the schools of his county; provided, that he may receive such fees as are now or m.ay hereafter be allowed by law for services as a mem- ber of the county board of education. 12. The county surveyor shall receive one thousand eight hundred dollars per annum, and the necessary cost of trans- portation to and from, and necessary expenses while in the field when engaged on public work. 13. For the purpose of regulating the compensation of justices of the peace, townships in this class of counties are hereby classified according to their population as shown by the federal census of one thousand nine hundred, as fol- lows: Townships having a population of four thousand or more, shall belong to and be known as townships of the first class; townships having a population of two thousand and less than four thousand shall belong to and be known as town- ships of the second class; townships ha\^ing a population of one thousand and less than two thousand shall belong to and be known as townships of the third class; townships having a population of over five hundred and less than one thousand shall belongr to and be known as townships of the fourth class; and townships having a population of less than five hundred shall belong to and be known as town- ships of the fifth class. Justices of the peace shall receive the following salaries, which shall be paid monthly, in the same manner such salaries of county officers are paid, and shall be in full of all services rendered by them in criminal cases; provided, Tioicever, that if two justices of the peace shall be elected and qualify in any township, then the said justices shall each receive one half (i-.) of the salary herein provided for. In townships of the first class, seventy dollars; 119 GENERAL LAWS. Act 837 In townships of the second class, sixty dollars; In townships of the third class, forty dollars; In townships of the fourth class, twenty dollars; In townships of the fifth class, ten dollars; provided, that each justice of the peace shall, before receiving his monthly salary, file with the auditor a statement of all fines re- ceived, together with the treasurer's receipt for the same. In addition to the monthly salaries herein allowed, each justice of the peace may receive and retain for his own use such fees as are now or may hereafter be allowed by law, for all services rendered by him in civil actions. 14. For the purpose of regulating the salaries of con- stables, townships in this class of counties are hereby class- ified according to their population as shown by the federal census of one thousand nine hundred, as follows: Town- ships having a population of four thousand or more shall belong to and be known as townships of the first class; townships having a population of two thousand and less than four thousand shall belong to and be known as town- ships of the second class; townships having a population of one thousand and less than two thousand shall belong to and be known as townships of the third class; townships having a population of over five hundred and less than one thousand shall belong to and be known as townships of the fourth class; and townships having a population of less than five hundred shall belong to and be known as townships of the fifth class. Constables shall receive the following salaries, which shall be paid monthly, in the same manner as such salaries of county oflficers are paid, and shall be in full of all services rendered by them in criminal cases; provided, however, that if two constables shall be elected and qualify in any township, then each of the said con- stables shall each receive one half (l^) of the salary herein provided for: In townships of the first class, eighty dollars; In townships of the second class, seventy dollars; In townships of the third class, fifty dollars; In townships of the fourth class, twenty-five dollars; In townships of the fifth class, ten dollars. In addition to the monthly salaries herein allowed, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions, and shall also Act 837 SUPPLEMENT. 120 be allowed all necessary expenses actually incurred in ar- resting and conveying prisoners to court or to prison, which said expenses shall be audited and allowed by the board of supervisors and paid out of the county treasury. 15. Each supervisor, six dollars per day when the board is in session and twenty cents per mile for traveling from his residence to the county seat. For his services as road commissioner, three hundred dollars per annum, payable in monthly installments. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in all civil and criminal causes and proceedings in said court, and for taking notes of the proceedings and testimony at all coroner's inquests in the county, and for taking notes of the testimony and proceedings in all ex- aminations before committing magistrates, and for taking notes of the testimony and proceedings of cases and com- missions for the examination of persons charged with be- ing of unsound mind, a monthly salary of one hundred dol- lars, payable out of the county treasury at the same time and in the same manner as the salaries of county officers; and for the transcription of said notes, when the transcrip- tion thereof is required by law, or by order of the court, or by demand of any party to the suit or proceeding, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copj^; said compensation for transcription in all criminal cases and coroner's inquests and examinations of persons charged with being of unsound mind, to be audited and allowed by the board of supervisors, as other claims against the county, and in civil eases and proceedings to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, when and in such proportions as the court may direct. When necessary for such reporter to travel away from the county se.it, he shall receive his actual and neces- sary traveling expenses, to be allowed and paid by the board of supervisors as are other county charges. [Amend- ment approved March 20, 1905; Stats. 1905, p. 310. In ef- fect in sixty days.] Section 189. In counties of the thirt^'-seeond class, the county officers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: 121 GENERAL LAWS. Act 837 1. The county clerk, three thousand clollarg per annum, and in any year when a new great register of voters is re- quired by law, he shall receive five hundred dollars addi- tional for said year, which shall be in full for all services required in registering voters and making such new great register. 2. The sheriff, four thousand five hundred dollars per an- num, and mileage at the rate of twenty-five cents per mile necessarily traveled in going only. 3. The recorder, three thousand five hundred dollars per annum. 4. The auditor, one thousand eight hundred dollars per annum. 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector^ two thousand dollars per annum. 7. The assessor, four thousand dollars per annum. 8. The district attorney, two thousand four hundred dol- lars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The sui3erintendent of schools, one thousand five hun- dred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor shall receive one thousand six hundred dollars per annum for all work performed for the county, and in addition thereto, actual traveling and other neces- sary expenses incurred in connection with field work; pi'O- vided, that whenever the surveyor is directed by the asses- sor to plat, trace, or otherwise prepare maps, plats, or block books for the use of the county assessor, he shall be al- lowed only the actual cost of preparing the same. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month as salaries of the county officers are paid, which shall be in full for all ser- vices rendered by them in criminal cases: In townships having a population of three thousand five hundred or more, seventy-five dollars per month. In town- ships having a population of not less than two thousand nor more than three thousand five hundred, seventy dollars per month. In townships having a population of not less than General Laws — 11 Act 837 SUPPLEMENT. 122 twelve hundred nor more than two thousand, fifteen dollars per month. In all townships having a population of less than twelve hundred, ten dollars per month. In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be hereafter allowed by law, and shall also collect and retain for his own use such fees as are now or may be hereafter allowed by law for services rendered by him as coroner, when acting as such. 14. Constables shall receive the following monthly sala- ries, to be paid each month as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of three thousand five hundred or more, seventy-five dollars per month. In townships having a population of not less than two thousand nor more than three thousand five hun- dred, seventy dollars per month. In townships having a population of not less than twelve hundred nor more than two thousand, fifteen dollars per month. In all townships having a population of less than twelve hundred, ten dol- lars per month. In addition to the monthly salary allowed herein, each constable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil actions; and he shall also be allowed his actual and necessary expenses incurred in executing any warrant outside of his county is- sued by a magistrate or justice of his county. Constables shall also be allowed all necessary expenses actually incurred in arresting and conveying prisoners to the county jail, which said expenses shall be audited and al- lowed by the board of supervisors, and paid out of the county treasury. 15. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty-five cents per mile, one way only, from his residence to the place of meeting of said board. The secre- tary of said board of education shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of said board, and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools is paid. Claims for such services and mileage shall be pre- 123 GENFRAL LAWS. Act C3T sented to the board of supervisors, and shall be allowed at the rate above named, in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education herein provided is not in addition to that provided in section one thousand seven hundred and seventy of the Political Code. 16. Each supervisor, nine hundred dollars per annum, and twenty cents per mile for traveling from his residence to the county seat; provided, that when a supervisor is also road commissioner, he shall receive, in addition to the twenty cents per mile allowed to him by law as such road commissioner his actual traveling expenses, the total mileaga and expenses not in any one year to exceed the sum of three hundred dollars. [Amendment approved March 20 1905; Stats. 1905, p. 358. In effect on the first Monday after January 1st, 1907.] Section 190. In counties of the thirty-third (33) class, the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, one thousand five hundred dollars ($1500) per annum. 2. The sheriff, three thousand five hundred dollars ($3500) per annum, and a jailer at fifty dollars ($50) per month, to be paid out of the county treasury; provided, the sheriff shall also receive for his own use and benefit his necessary expenses in all criminal cases, to be allowed as other county charges are allowed by law; and, provided further, that the sheriff shall also receive for his own use and benefit, the mileage, fees and commissions for all services of all papers whatsoever issued by any court of the state outside of his own county. 3. The recorder, one thousand five hundred dollars ($1500.) per annum. 4. The auditor, one thousand dollars ($1000) per annum. 5. The treasurer, one thousand five hundred dollars ($1500) per annum. 6. The tax collector, twelve hundred dollars ($1200) per annum and ten per cent of all licenses collected by him; and a deputy, at four dollars ($4) per day for not more than one hundred (100) days in any one year, to be paid out of the county treasury. 7. The assessor, two thousand five hundred dollars ($2500) Act 837 SUPPLEMENT. 124 per annum and two deputies at a salary of five dollars ($5) each per day for not more than one hundred (100) days in any one year, arid two deputies additional, at a salary of five dollars ($5) each per day for not more than fifty (50) days in any ©ne year; such deputies to be paid out of the county treasury. 8. The district attorney, two thousand dollars ($2000) per annum and necessary traveling expenses to be allowed by the board of supervisors. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dollars ($1500) per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law; provided, he shall be given all work for the county in which the county employs one surveyor or civil engineer. 13. In counties of this class, the township officers shall receive the following compensations, to wit: In townships having a population of over four thousand (4000), justices of the peace shall receive a monthly salary of sixty ($60.) dollars per month, and constables a monthly salary of sixty- five dollars ($65) per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases, but said jus- tices of the peace and constables may retain for their own use the fees allowed by law in civil cases. In townships having a population of more than twenty- seven hundred (2700), and not exceeding four thousand (4000), justices of the peace shall receive a monthly salary of thirty dollars ($30) per month, and constables a monthly salary of forty dollars per month. The above named sal- aries shall be in full compensation for all services of said justices of the peace and constables in criminal eases, but said justices of the peace and constables may retain for their ownaise the fees allowed by law in civil cases. In townships having a population o± more than two thou- sand (2000) and less than twenty-seven hundred (2700), justices of the peace shall receive a monthly salary of twenty-five dollars ($25) per mouth and constables a 125 GENERAL LAWS. Act 837 monthly salary of thirty-five dollars ($35) per month. The above named salaries shall he in full compensation for all services of said justices of the peace and constables in crim- inal cases, but said justices of the peace and constables may retain for their own use the fees allowed by law in civil cases. In townships having a population of less than two thou- sand (2000), justices of the peace shall receive a monthly salary of twenty dollars ($20) per month and constables a monthly salary of twenty-five dollars ($25) per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in crim- inal cases, but said justices of the. peace and constables may retain for their own use the fees allowed by law in civil cases; provided, that where a constable shall be required to travel outside of his own township, in serving or executing a warrant of arrest or any other paper in a criminal case, he shall be allowed, in addition to the salary hereinbefore provided, his actual expenses incurred in serving or execut- ing the same, to be allowed by the board of supervisors; for transporting prisoners to the county jail, the actual ex- penses of such transportation; and provided further, that for the purpose of this act, the population of the several town- ships shall be ascertained by multiplying the number of registered voters at the last general election of each town- ship, by five. In addition to the above salaries allowed said justices of the peace and constables for their services in criminal cases, they may retain for their own use the fees allowed by law in civil cases. 14. Each supervisor, six hundred dollars ($600) per an- num and twenty (20) cents per mile traveling to county seat, which shall be in full compensation for all services, both as supervisor and road commissioner; provided, that in case the said supervisors shall not serve as roadi commis- sioners, the salary for supervisor shall be four hundred dol- lars ($400) per annum. 15. For attending as a grand juror, or a trial juror in criminal cases only, in the superior court, for each day's attendance, three (3) dollars; for each mile actually traveled one way as such grand juror, or trial juror in criminal cases, in the superior court, under summons or order of the court, twenty-five cents. The county clerk shall certify to the auditor the number of day's attendance, and the number of Act 837 SUPPLEMENT. 126 miles traveled by each juror and the auditor shall then draw his warrant therefor and the treasurer shall pay the same. 16. This act shall take effect and be in force from and after its passage and so far as it relates to the fees and mileage of jurors and traveling expenses of constables, shall take effect immediately, but shall not affect the compensa- tion of other officers during the present term of office. [Amendment approved March 20, 1905. Stats. 1905, p. 376.J Section 191. In counties of the thirty-fourth class the county officers shall receive as compensation for the ser- vices required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, two thousand four hundred dollars per annum, and during each year in which a general elec- tion is held throughout the state he shall in addition to said salary receive each month for the months of August, September, October and November, one hundred dollars, and the same shall be so paid from the same fund as other sala- ries are paid. 2. The sheriff, four thousand dollars per annum, and the fees, mileage and commissions for the services of all papers issued by any court of the state outside of this county. Also his actual traveling expenses in the execution of a warrant outside of his county issued by a magistrate or court of his county. 3. The recorder, one thousand five hundred dollars per annum; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees required by law to be so collected; and provided, that when the amount of said fees collected shall amount to more than one hundred and twenty-five dollars in any month, the recorder may receive and retain for his own use, in addition to his salary, all fees in excess of one hundred and twenty-five dollars, and not exceeding one hundred and seventy-five dollars, in any month so collected; so that the amount of fees thus received by the recorder for his own use, plus the salary, shall not exceed the sum of one hundred and seventy-five dollars in any one month. 4. The auditor, one thousand dollars per annum. '0. The treasurer, one thousand four hundred dollars per annum. 6. The tax collector, one thousand two hundred dollars per annum, and ten per cent of all licenses collected by him. 7. The assessor, twenty-six hundred dollars per annum; 127 GENERAL LAWS. Act 837 provided, that in counties of this chiss there shall be one deputy assessor^ who shall be appointed by the assessor of said county and who shall hold office from 12 o'clock merid- ian of the first Monday of March of each year up to 12 o 'clock meridian of the first Monday in July of each year. The salary of said deputy assessor herein provided for is hereby fixed at the sum of one hundred dollars per month during which months he shall hold office as herein provided, which said salary shall be paid by said county at the same time and in the same manner and out of the same fund as is the salary of the assessor. 8. The district attorney^ fifteen hundred dollars per an- num. 9. The coroner, six hundred dollars per annum, 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendiCnt of schools, one thousand dollars per annum, and actual traveling expenses while visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law; provided, he shall be given all work for the county in which the county employs a surveyor or civil engineer; and provided further, that it shall be the duty of the board of supervisors of counties of this class to so employ him. 13. Supervisors, each the sum of six hundred dollars per annum for all services performed by them, as supervisors, and members of the board of equalization and road com- missioners; provided, that each supervisor shall receive ten cents for each mile traveled by the ordinary route, in going from his residence to the county seat and returning, once during each month. 14. For the purpose of regulating the compensation of justices of the peace and constables, townships of this class of counties are hereby classified according to their popula- tion as shown by the federal census of 1900; townships hav- ing a population of two thousand four hundred and not over four thousand shall be classified as townships of the first class, and townships having a population of less than two thousand four hundred shall belong to and be known as towiisliips of the second class. 15. lu townships of the first class, justices of the peace shall receive forty dollars a month to be paid each month out of the same fund and at the same time as the county Act 837 SUPPLEMENT. 128 officers are paid, and which sum shall be in full compensa- tion for all services rendered by them in criminal cases. In townships of the second class, justices of the peace shall receive thirty dollars per month to be paid each month out of the same fund and at the same time as the county oflieers are paid and which sum shall be in full compensation for all services rendered by them in criminal cases. 16. Constables in counties, of this class shall receive the following monthly salaries to be paid each month out of the same fund and at the same time as the county oiScers are paid, which sum shall be in full compensation for all services rendered by them in criminal cases, the same to include all costs of transportation of all prisoners within the county, to wit: Constables in townships of the first class shall receive a monthly salary of sixty dollars per month, and constables of townships of the second class shall receive a monthly salary of forty dollars per month. Pro- vided further, that when any constable is required to go out of his own county to serve a warrant of arrest or any other paper in a criminal case he shall be allowed mileage both going and coming, outside of his own county, at the rate of ten cents per mile, but shall not be allowed any sum for any other expenses. 17. In counties of this class the official reporter of the superior court shall receive, as full compensation for tak- ing notes in civil and criminal cases tried in said court, such fees as are now or may be hereafter provided by law; said compensation for per diem and transcription in crim- inal cases to be audited and allowed upon a written order of the court, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. Jurors and witness fees, in criminal cases, shall be as fol- lows: 18. For attending as a grand juror or a trial juror in the superior court, in criminal cases only, for each day's attendance, per day, three dollars, for each mile actually traveled in attending court as such juror under summons or under order of court, in criminal cases, in going only, per mile, twenty-five cents and the county clerk shall cer- tify to the aiiditor the num^ber of days attendance and number of miles traveled by each juror, and the auditor 129 GENERAL LAWS. Act 837 shall then draw his warrant therefor and the treasurer shall pay the same. Witness fees shall be as follows: 19. For each day's actual attendance, when legally re- quired to attend upon the superior court, per day, one dol- lar and fifty cents in criminal cases. Mileage actually traveled, one way only, per mile, ten cents; provided, how- ever, that such per diem and mileage shall only be allowed on a showing to the court, by the witness, that he is in indigent circumstances and is unable to bear the expense incident to attending court, while required so to do, and that such per diem and mileage are necessary for the ex- penses of the witness in attending; and the court shall de- termine the necessity of the same^ and shall then make an order directing the aviditor to draw his warrant on the county treasurer for the amount allowed, and the treas- urer shall pay the same. The court may disallow any fee to a witness unnecessarily subpoenaed. This act shall take effect and be in force from and after its passage and so far as the same relates to the salary of the justices of the peace and constables and the com- pensation of the official reporter of the superior court, it shall affect and apply to present incumbents. [Amendment approved March 20, 1905. Stats. 1905, p. 335.] Section 193. In counties of the thirty-sixth class, the county officers shall receive as compensation for the ser- vices required of them by law, or by virtue of their office, the following salaries, to wit: 1. The county clerk, twenty-two hundred dollars per annum. 2. The sheriff, forty-five hundred dollars per annum. 3. The recorder, three thousand dollars per annum. 4. The auditor, one thousand dollars per annum. , 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector, one thousand dollars per annum, and 5 per cent on all licenses collected by him as license col- lector. 7. The assessor, two thousand five hundred dollars per annum. 8. The district attorney, one thousand eight hundred dol- lars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. Act 837 SUPPLEMENT. 130 10. The public administrator, such fees as are novr or may "be hereafter allowed by law. 11. The superintendent of schools, one thousand five hun- dred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, one thousand five hundred dollars per annum, which shall be in full for all services required of him by the superior court or the board of supervisors; pro- rided, that he shall be entitled to receive from the county his actual expenses incurred in the performance of any order of the court or the board of supervisors; provided further, that whenever the surveyor is directed by the board of su- pervisors to plat, trace or otherwise prepare maps, plats or block books for the use of the county assessor, he shall be allowed only the actual cost of preparing the same. 13. Justices of the peace, such fefes as are now or may 'be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, seven hundred and fifty dollars per annum, which shall be in full for all services as supervisor and road commissioner for each year. Said salary of seven hundred and fifty dollars shall be payable monthly. [Amendment approved March 20, 1905; Stats. 1905, p. 365. In effect in sixty days.] Section 194. In counties of the thirty-seventh class, the county ofiicers shall receive as compensation for their ser- vices required of them by law, or by virtue of their oflSce, the following salaries, to wit: 1. The county clerk, twenty-five hundred dollars per an- num. 2. The sheriff, four thousand dollars per annum, and one jailer at a salary of nine hundred dollars per annum. 3. The recorder, eighteen hundred dollars per annum. 4. The auditor, fifteen hundred dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, two thousand dollars per annum, which shall be in full for all services as tax collector and as license collector. 7. The assessor, fifteen hundred dollars per annum. 8. The district attorney, eighteen hundred dollars per an- num. 9. The coroner, such fees as are now or ma^- hereafter be provided by law. 131 GENERAL LAWS. Act 837 10. The public administrator, such fees as are now or may- hereafter be provided by law. 11. The superintendent of schools, fifteen hundred dollars per annum. 12. The surveyor, such fees as are now or may hereafter he provided by law. • 13. Each supervisor shall receive for compensation five dollars per day for all services performed as supervisor and member of the board of equalization, not to exceed the sum of four hundred dollars per annum; also, three dollars per day for each day actually engaged in performing the duties of road commissioner, not to exceed three hundred dollars per annum. The supervisors of counties of this class shall be elected from their respective supervisorial districts at the next general election as follows, to wit: The term of office of the supervisors elected from the first and third supervis- orial districts shall expire in two years from such general election and the term of office of the supervisors elected from the second, fourth, and fifth supervisorial districts shall terminate in four years from such general election, 14. In counties of this class, the township officers shall receive the following compensation, to wit: In townships having a population of four thousand, justices of the peace shall receive a monthly salary of seventy-five dollars; and constables a monthly salary of seventy-five dollars. The above-named salaries shall be in full compensation for all services of said justices of the peace and constables in crim- inal cases; they may also retain for their own use all other fees, except those in criminal cases, as are now or may here- after be provided by law. In townships having a popula- tion of less than four thousand, each justice of the peace and each constable shall receive as compensation for his services such fees as are now, or may hereafter be, provided by law. [Amendment approved March 20, 1905; Stats. 1905, p. 308. In effect in sixty days.] ' Section 195. In counties of the thirty-eighth (38) class (Stanislaus) the county officers shall receive as compensation for the services required of them by law or by virtue of their office, the following salaries, to-wit: 1. The county clerk, two thousand seven hundred dollars per annum; and provided that in each year when a new reg- istration is required he shall receive in addition to his sal- ary the sum of ten (10) cents for each elector registered, ■which amount shall be allowed by the board of supervisors Act 837 SUPPLEMENT. 132 at the close of registration preceding a general election, and paid from the general fund of the county. 2. The sheriff^ five thousand dollars per annum, and fees, commissions, and mileage for the service of papers or process coming from courts other than those of his own county. 3. The recorder, one thousand six hundred dollars per an- num; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees required by law to be so collected; and provided, that when the amount of said fees collecte 1 shall exceed two hundred and fifty dollars in any month, the record'er may re- ceive and retain for his own use, in addition to his salary, one half of all fees in excess of two hundred and fifty dol- lars in any month so collected. But the amount of fees thus received by the recorder for his own use, plus his salary, shall not exceed the sum of three thousand dollars in any one year. 4. The auditor, one thousand six hundred dollars per an- num. 5. The treasurer, one thousand six hundred dollars per annum, and the fees and commissions now or hereafter al- lowed by law. 6. The tax collector, one thousand dollars per annum, and the fees and commissions now or hereafter allowed by law. 7. The assessor, two thousand eight hundred dollars per annum, and the fees and commissions now or hereafter al- lowed by law. The assessor shall also be allowed the fol- lowing deputies, viz.: One deputy for each bona fide in- crease of one hundred real estate statements made for as- sessment purposes over and above two thousand five hundred of such statements, and not to exceed in all six deputies. Each of such deputies shall receive a monthly compensation of one hundred dollars for a period of not to exceed two months in any one year, said compensation to be paid month- ly in the same manner as county ofiicers are paid. 8. The district attorney, two thousand dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may tereafter be allowed by law. 11. The superintendent of schools, one thousand five hun- dred dollars per annum. He shall also be allowed his actual traveling expenses when visiting the schools of the county, which expense shall not exceed the sum of five hundred dol- 133 GENERAL LAWS. Act 837 lars in any one year. He shall receive nothing for his ser- vices as a member of the board of education. The superin- tendent of schools shall be allowed one deputy, to be ap- pointed by the principal, which said deputy shall be allowed a salary of fifty dollars per month, to be paid at the same time and in the same manner as other county officers. 12. The survej^or shall receive one thousand eight hundred dollars per annum, and in addition thereto, actual traveling ^vr^ other necessnrv expenses incurred in connection with field work. He shall have one deputy at a salary of one thousand dollars per annum; said deputy to be appointed by the principal and be paid at the same time and in the same manner as other county officers. It shall be the duty of the surveyor among other things, to make and correct all neces- sary plats, maps, and block books for the assessor's office, and all necessary county and road maps, and all necessary plans and specifications for bridge work and county build- ings; provided, hoiceicr, that when in the judgment of the board of supervisors of the county, on the representations of the county surveyor, it is necessary to employ additional as- sistance for the performance of said work, the board of supervisors shall allow the necessary and actual expense therefor; provided, he shall receive nothing for preparing any map or plat necessary to accompany reports made by him on road work, nor for preparing and keeping up the necessary and proper records of his office. He shall at all times be subject to the orders of the board of supervisors. 13. For the purpose of regulating the compensation of jus- tices of the peace and constables, townships of this class of counties are hereby classified according to their population as shown by the federal census of nineteen hundred: Townships having a population of two thousand eight hundred and more shall belong to and be known as townships of the first class; townships having a population of two thousand foi;r hun- dred and less than two thousand eight hundred shall be- long to and be known as townships of the second class; town- ships having a population of one thousand six hundred and less than two thousand four hundred shall belong to and be known as townships of the third class; townships having, a population of eight hundred and less than one thousand six hundred shall belong to and be known as townships of the fourth class; townships having a population of six hun- dred and fifty and less than eight hundred shall belong to and be known as j;ownshipg of the fifth class; townships General Laws — 12 Act 837 SUPPLEMENT. 134 having a population of less than six hundred and fifty shall belong to and be knoTrn as townships of the sixth class; provUJing, that the board of supervisors of the county may, prior to any general election, consolidate two or more of such townships into one. 13^,4. Justices of the peace shall receive the following monthly salaries, to be paid each month as the county officers are paid, which shall be in full compensation for all services rendered by them in criminal cases, to wit : In townships of the first class, ninetj' dollars; in townships of the second class, fifty dollars; in townships of the third class, fifty dollars; in townships of the fourth class, forty dollars; in townships of the fifth and sixth class, twenty dollars. In addition to the monthly salaries herein allowed, each jus- tice of the peace may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions; and justices of the first, second and third class shall be allowed their office rent, not to exceed the sum of five dollars each, for any one month. Each justice must pay into the county treasury, once a month, all fines collected by him. 14. Constables shall receive the following monthly salaries, to be paid each month as the county officers are paid, which shall be in full compensation for all services rendered by them in criminal cases, to wit: In townships of the first class, ninety dollars; in townships of the second class, eighty dollars; in townships of the third class, eighty dollars; in townships of the fourth class, fifty dollars; in townships of the fifth and sixth class, thirty dollars. In addition to the monthly salaries herein allowed, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions; and shall also be allowed all necessary ex- penses actually incurred in arresting and conveying prison- ers to court or to prison, which expense shall be audited and allowed by the board of supervisors and paid out of the county treasury; provided fiirthrr, that when any con- stable is required to go out of his own county to serve a warrant of arrest, or any other paper in a criminal case, he shall be allowed mileage, both going and returning, out- side of his own county, at the rate of ten cents per mile. 15. Supervisors, each, the sum of six hundred dollars per annum, and mileage at the rate of ten cents j^er mile for each mile traveled in going to and from the meeting of the board ; 135 GENERAL LAWS. Act 837 provided, that only one mileage at any one session of the board shall be allowed. They shall, from and after the pass- age of this act, act as road commissioners in their respec- tive districts, and shall thereafter receive for their services as such road commissioners mileage at the rate of twenty cents per mile each, one way, for all distances actually traveled by them in the discharge of their duties as such road commissioners; prorided, that such mileage as road commissioner shall not, in any one year, exceed the sum of three hundred dollars for any one of the commissioners. 16. Witnesses in criminal cases shall receive one dollar and fifty cents per day, and ten cents per mile for each mile actually traveled, one way only. The court shall make an order directing the auditor to draw his w^arrant on the county treasurer for the amount due, and the treasurer shall pay the same. The court may disallow any fee to a witness unnecessarily subpoenaed. [Amendment approved March 20, 1905; Stats. 1905, p. 366. In effect in sixty days.] Section 196. In counties of the thirty-ninth class the county officers shall receive as compensation for services re- quired of them by law, by virtue of their offices, the follow- ing salaries, to wit: 1. The county clerk, two thousand dollars per annum. 2. The sheriff, five thousand dollars per annum and fees, commissions and mileage for the service of papers or process coming from courts other than those of his own county. 3. The recorder, one thousand six hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the recorder a copyist who shall be appointed by the recorder and paid the salary of fifty dollars per month; said salary to be paid by said county in monthly installments at the time and in the same man- ner and out of the same fund as the salaiy of the re- corder is paid; and provided that such recorder shall col- lect and pay into the county treasury for the use and benefit of the county the fees required to be paid by law so collected; and provided that when the amount of said fees collected shall exceed two hundred dollars in any month, the recorder may receive and retain for his own use, in addition to his own salary, one half of all fees in ex- cess of two hundred dollars in any month so collected. But the amount of fees thus received by the recorder for hia own use, plus his salary shall not exceed the sum of two thousand dollars in one year. Act 837 SUPPLEMENT. 136 4. The auditor, one thousand six hundred dollars per annum. 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector, one thousand five hundred dollars per annum. 7. The assessor, three thousand dollars per annum, and such fees as now or may hereafter be allowed by law. The assessor shall also be allowed the following deputies, viz.; one deputy for each bona fide increase of one hundred real estate statements made for assessment purposes over and above twenty-four hundred of such statements and not to exceed in all five deputies. Each of such deputies shall receive a monthly compensation of one hundred dol- lars for a period not to exceed two months in any one year, said compensation to be paid monthly in the same manner as county officers are paid. He shall prepare the military roll for which he shall receive five cents for each name thereon; that the assessor shall annually revise the plats in his office and prepare the military roll at his own cost and expense. 8. The district attorney, one thousand eight hundred dollars per annum. 9. The coroner, such fees as are now and may hereafter be allowed by law. 10. The public administrator, such fees as are now and may hereafter be allowed by law. 11. The superintendent of schools, one thousand four hun- dred dollars per annum, and shall also be allowed the com- pensation provided by law for services upon the board of education. He shall be allowed his actual traveling ex- penses when visiting schools of his county, which expense shall not exceed the sum of three hundred dollars in one year. Provided, in counties of this class there shall be and is hereby allowed to the superintendent of schools an assistant who shall be appointed by the superintendent of schools and paid a salary of fifty dollars per month, sail I salary to be paid by said county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the superintendent of schools is paid. 12. The surveyor, such fees as are now or may be here- after allowed by law. Provided the surveyor shall an- nually revise the plats in the office of the assessor for 137 GENERAL LAWS. Act 837 which he shall receive a sum not to exceed two hundred dollars in any one year. 13. Justices of the peace shall receive the following sal- aries for all services rendered by them in criminal cases, payable monthly in the same manner as county officers are paid, viz.: Tn townships having a population of more than three thousand five hundred, one hundred dollars per month; in townships having a population of less than three thousand five hundred and more than two thousand, sev- enty-five dollars per month; in townships having a popula- tion of less than two thousand, forty dollars per month. Justices of the peace in counties of this class shall also re- ceive for their own use and benefit such fees as are now or may hereafter be allowed by law in civil cases. They shall also be allowed the actual rent for their offices, not to exceed ten dollars per month. 14. Constables shall receive the following salaries for all services rendered by them in criminal cases, payable monthly in the same manner as county officers are paid, viz.: Tn townships having a. population of more than three thousand five hundred, one hundred dollars per month; in townships having a population of less than three thousand five hundred and more than two thousand, seventy-five dollars per month; in townships having a population of less than two thousand, forty dollars per month. Con- stables shall also receive for their own use and benefit such fees as are now or hereafter may be allowed by law in civil cases. They shall also be allowed their actual ex- penses in conveying prisoners from the place of arrest to the court, and in case of conviction, from court to the county jail. 15. Supervisors, each six hundred dollars per annum for all services performed by them as supervisors and members of the board of equalization and road commissioners, in- cluding mileage, provided, that each supervisor shall re- ceive ten cents for each mile traveled by the ordinary route in going from his residence to the county seat and returning once during each meeting. Each supervisor shall be allowed his actual traveling expenses while super- vising the roads of his district, not exceeding twenty dol- lars in any one month. [Amendment approved March 20, 1905; Stats. 1905, p. 338. In effect in sixty days.] Section 197. Tn counties of the fortieth class, the county ofiicers shall receive as compensation for the services re- Act 837 SUPPLEMENT. 138 quired of them by law or by virtue of tlieir offices, the fol- lowing- salaries and fees, to wit: 1. The county clerk, fifteen hundred dollars per annum. 2. The sheriff, three thousand dollars per annum, and all mileage for the service of papers issued out of any court outside of his county. 3. The recorder, twenty-one hundred dollars' per annum. 4. The auditor, nine hundred dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, five hundred dollars per annum, and ten per cent on all licenses collected by him as license collector. 7. The assessor, three thousand five hundred dollars per annum. 8. The district attorney, fifteen hundred dollars per an- num. 9. The coroner, such fees as are now, or may be hereafter allowed by law. 10. The public administrator, such fees as are now, or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now, or may be here- after allowed by law. 13. Each justice of the peace, the following fees: In civil actions before him, for all services required to be performed by him before trial, two dollars. For a trial, and all proceedings subsequent thereto, in- cluding all affidavits, swearing witnesses and jury, and the entry of judgment, four dollars. In all cases where judgment is rendered by default or confession, for all services from the filing of the complaint to and including the entry of judgment, three dollars. For issuing a writ of attachment, to include all affidavits, taking and approving bond, and all oaths and certificates necessary thereto, three dollars. For all services and proceedings in a criminal action or proceeding whether on examination or trial, three dolla"s; provided, that if the defendant plead guilty, only two dol- lars shall be allowed. For taking bail, after commitment by another magis- trate, only fifty cents. For making transcript of docket, making up and trans- 139 GENERAL LAWS. Act 837 n.itting papers on appeal, including the certificate to the same, two dollars. For copies of docket or papers in his ofSce, per folio t'lventy cents. For issuing a search warrant, to be paid by the party demanding the same, one dollar. For celebrating a marriage, and returning the certificate to the recorder, three dollars. For docketing a judgment or any instrument, for the first name fifty cents; for each additional name twenty- five cents. For taking depositions, per folio, twenty cents. For administering an oath, twenty-five cents, and certifi- cate to same, twenty- five cents; for each certificate twenty- five cents. For issuing a commission to take testimony, seventy- five cents. For all services' connected with the posting of estrays, in- cluding the transcript for the recorder, three dollars. For issuing an execution and entering satisfaction of the judgment, fifty cents. In all cases before justices of the peace where the venue shall be changed, the justice before whom the action shall be brought, for all services rendered, including the mak- ing up and transmission of the manuscript and papers, shall receive three dollars; and the justice before whom the trial shall take place, shall receive the same fees as if the action had been commenced before him. 14. Each constable shall receive the following fees: For serving all summons in civil cases, for each defendant, in- cluding the copy required by law, one dollar. For summoning a jury of twelve or less before a justice, one dollar and fifty cents; for each additional juror above twelve, twenty-five cents. For taking any bond required by law to be taken, fifty cents. For summoning each witness, twenty-five cents. For serving an attachment or levying an execution on the property of a defendant, one dollar and fifty cents. For summoning and swearing a jurj^ to try the rights of property, and making a verdict, two dollars. For receiving and taking care of property on execution, order or attachment, his actual necessary expenses, to be allowed by the justice who issued the order, attachment Act 837 SUPPLEMENT. 140 or execution upon the affidavit of the constable that the charges are correct and that the expenses were necessarily incurred. For collecting all sums on execution, three per cent, to be charged against the defendant named in the execution. For serving a warrant or order for the delivery of personal property, or making an arrest in a civil case, one dollar and fifty cents. For making each arrest in criminal cases, two dollars. For every mile necessarily traveled, in going only, to serve any civil or criminal process or paper, or to take a prisoner before a magistrate or to prison, twenty-five cents; but when two or more persons are served or summoned in the same suit and at the same time, mileage shall be charged only for the most distant, if they live in the same direction. For sales of estrays, the same fees as for sales on execu- tion. For the transportation of prisoners to the county jail the actual necessary expenses. For attending a justice's court and taking charge of a jury and prisoner when required two dollars for each day of actual attendance upon the court. For all other services the same fees as are allowed sher- iffs for like services. 15. Each member of the board of supervisors four hun- dred dollars per annum and twenty cents per mile for trav- eling from his residence to the county seat, also his actual necessary expenses while acting as ex-officio road overseer or commissioner not to exceed three hundred dollars in any one year. [Amendment approved March 20, 1905; Stats. 1905, p. 544. In effect January 1, 1907.] Section 198. In counties of the forty-first class the county officers shall receive, as compensation for the ser- vices required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, four thousand dollars per annum, and act- ual traveling expenses incurred in the pursuit or arrest of criminals, either in or out of his county. 3. The recorder, one thousand five hundred dollars per an- num. 4. The auditor, one thousand dollars per annum. 5. The treasurer, one thousand five hundred dollars per annum. 141 GENERAL LAWS. Act 837 6. The tax collector, one thousand dollars per annum, which shall be in full for all services as tax collector and as license collector. 7. The assessor, two thousand five hundred dollars per annum. 8. The district attorney, two thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thousand two hun- dred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. In counties of this class the township officers shall receive the following compensation, to wit: In townships having a population of three thousand or more, justices of the peace and constables shall each receive a monthly salary of sixty dollars per month. In townships having a population of fifteen hundred and less than three thousand, the justices of the peace and con- stables shall each receive a monthly salary of forty-five dollars per month. In townships having a population of eight hundred and less than fifteen hundred, the justices of the peace and con- stables shall each receive a monthly salary of thirty-five dollars per month. In townships having a population of five hundred and less than eight hundred, the justices of the peace and con- stables shall each receive a monthly salary of fifteen dollars per month. In townships having a population of less than five hun- dred, the justices of the peace and constables shall each re- ceive a monthly salary of five dollars per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases; provided, that, in addition to the salary herein allowed, each constable shall be paid out of the treasury of the county for traveling expenses outside of his township, for service of a warrant of arrest or any other paper in a criminal case, such fees as they are now or may be hereafter allowed by law, for transporting pris- oners to the county jail, the actual expenses of such trans- Act 837 SUPPLEMENT. 142 portation; and, provided further, that for -the purpose of this act, the population of the several townships, shall be ascertained by multiplying the number of registered voters at the last general election by five. But said jus- tices of the peace and constables may retain for their own use, the fees allowed by law in civil cases. 14. Each member of the board of supervisors, five hun- dred dollars per annum, and his necessary expenses when attending to the business of the county other than the meetings of the board, and twenty cents per mile in going from his residence to the county seat at each meeting of the board; and when serving as road commissioner, three dol- lars per day, and twenty cents per mile one way for all actual distances traveled by him in the performance of his duties as such commissioner. Subdivision thirteen of this section shall take effect im- mediately. [Amendment approved March 20, 1905; Stats. 1905, p. 441. In effect in part immediately, and in part in sixty daj^s.] Section 200. In counties of the forty-third class, the county officers shall receive, as compensation for the ser- vices required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, one thousand eight hundred dol- lars per annum. 2. The sheriff, three thousand five hundred dollars per annum. The sheriff shall also receive for his own use and benefit all fees, commissions and mileage, in all civil cases within his county, and all fees, commissions and mileage for service of any papers issued by any court outside of his county. 3. The recorder, twelve hundred dollars per annum. 4. The auditor, six hundred dollars per annum. 5. The treasurer, one thousand two hundred dollars per annum. 6. The tax collector, seven hundred dollars per annum. 7. The assessor, twenty-four hundred dollars per annum. 8. The district attorney, one thousand five hundred dol- lars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as now or raT\y hereafter.be allowed by law. 143 GENERAL LAWS. Act 037 11. The superintendent of schools, one thousand six hun- dred dollars per annum. 12. The surveyor, such fees as are now or may hereafter be allowed by law. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than twenty-five hundred, seventy dollars per month; in townships having a population of less than twenty-five hundred and more than one thousand, twenty dollars per month; in townships having a population of less than one thousand and more than six hundred, -fifteen dollars per month; in townships having a poi:)ulation of less than six hundred, ten dollars per month. In addition to the compensation received in criminal cases, each justice of the peace shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 14. Constables shall receive the following monthly salaries to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than twenty- five hundred, thirty-five dollars per month; in townships having a population of less than twenty-five hundred and more than que thousand, fifteen dollars per month; in town- ships having a population of less than one thousand, ten dollars per month; prodded, that each constable shall re- ceive his actual and necessary expenses incurred in convey- ing prisoners to the county jail. In addition to the com- pensation received in criminal cases, each constable shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services per- formed by him in civil actions. 15. Each supervisor, six hundred dollars per annum, and twenty cents per mile for traveling from his residence to the county seat. 16. Each member of the county board of education, in- cluding the secretary, shall receive one hundred and fifty dollars per annum as compensation for his services on the board of education, and mileage at the rate of twenty cents per mile, one way, from his residence to the place of Act 837 SUPPLEMENT. 144 meeting of said board. Said compensation of said mem- bers and of said secretary shall be paid monthly in the same manner and out of the same fund as the salaries of other county officers are paid. Claims for such mileage shall be presented to and allowed by the board of super- visors before payment. The compensation of the members of the county board of education herein provided is not in addition to that provided in section seventeen hundred and seventy of the Political Code. 17. For the purposes of subdivisions thirteen and four- teen of this section, the population of the several judicial townships shall be ascertained by the board of supervisors, by multiplying by five the vote for presidential electors cast in each township at the next preceding election. [Amendment approved March 20, 1905; Stats. 1905, p. 363. In effect in sixty days.] Section 201. In counties of the forty-fourth class, the county officers shall receive, as compensation for the ser- vices required by them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, eighteen hundred dollars per annum. 2. The sheriff, forty-two hundred dollars per annum, and such mileage as is allowed by law, and the fees, mileage, or commissions for the service of all papers whatever is- sued by any court outside of his county, and all mileage for the service of papers in civil cases in his own county, and the actual expenses incurred in criminal eases, and fif- teen cents for each meal for feeding prisoners, confined in the county jail. 3. The recorder, one thousand five hundred dollars per annum; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees required by law to be so collected; and provided, that when the amount of said fees collected shall amount to more than one hundred and twenty-five dollars in any month, the recorder may receive and retain for his own use, in addition to his salary, all fees in excess of one hundred and twenty-five dollars, and not exceeding one hundred and seventy-five dollars, in any month so collected; 80 that the amount of fees thus received by the recorder for his own use, plus the salary, shall not exceed the sum of one hundred and seventy-five dollars in any one month. 4. The auditor, fifteen hundred dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 145 GENERAL LAWS. Act 837 6. The tax collector, twelve hundred dollars, per annum. 7. The assessor, twenty-five hundred dollars per annum. 8. The district attorney, eighteen hundred dollars per an- num. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, ten hundred dollars per annum. 12. The surveyor, ten dollars per day when engaged in county work. He shall also receive his actual expenses when at work in the field. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, six hundred dollars p.er annum, and twenty-five cents per mile while traveling from their respective residence to the county seat, not more than once each month. 16. In counties of this class the official reporter of the superior court shall receive such fees as are now and may hereafter be allowed by law. 17. In counties of this class the board of supervisors may appoint a horticultural commissioner, who shall have ex- pert knowledge of the duties pertaining to the position, wh'> shall serve at the pleasure of the board, and who shall be paid a salary of not to exceed seventy-five dollars per month. [Amendment approved March 20, 1905; Stats. 1905, p. 356. In effect in sixty days.] Section 203. In counties of the forty-sixth class the county officers shall receive, as compensation for the ser- vices required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, fifteen hundred dollars per annum. 2. The sheriff, thirty-five hundred dollars per annum, and actual traveling expenses incurred in tlie pursuit or arrest of criminals, either in or out of his county. 3. The recorder, one thousand dollars per annum. 4. The auditor, five hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, five hundred dollars per annum, General Laws — 13 Act 837 SUPPLEMENT. 146 ■which shall be in full for all services as tax collector and as license collector. 7. The assessor, eighteen hundred dollars per annum. 8. The district attorney, fifteen hundred dollars per an- num. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, twelve hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, the fees which are now or here- after may be allowed by law; provided, that where the trial of any case shall occupy more than one day, and not less than three hours of such day, the .justice shall also be al- lowed three dollars for each additional day consumed in such trial. 14. Constables, the fees which now are or hereafter may "be allowed by law; provided, that the constable shall also be allowed at the rate of two dollars and fifty cents per day for each day of actual attendance on the trial of cases in the justice's court, where such attendance is pursuant to the order of the justice thereof. 15. Each member of the board of supervisors, five dollars per day when the board is in session, and twenty cents per mile for traveling from his residence to the county seat; and when serving as road commissioner three dollars per day and mileage at the rate of twenty cents per mile one way for all actual distances traveled by him in the performance of his duties as such road commissioner. But he shall not in any one year receive more than three hundred and fifty dollars as supervisor or more than two hundred and fifty dollars as road commissioner, exclusive of mileage. When traveling by order of the board upon county business, each supervisor shall be allowed his actual itemized expenses. [Amendment approved March 20, 1905; Stats. 1905, p. 552. In effect in sixty days.l Section 205. Counties of the 4Sth Class. The county offi- cers shall receive as compensation for the services required of them by law or by virtue of their office, the following sala- ries, to wit: 147 GENERAL LAWS. Act 837 1. The county clerk, one thousand five hundred dollars per annum. 2. The sheriff, twenty-five hundred dollars per annum. 3. The recorder, one thousand dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the recorder a copyist, who shall he appointed by the recorder, and paid the salary of fifty dollars per month; said salary to be paid by said county in monthly install- ments, at the time and in the same manner, and out of the same fund as the salary of the recorder is paid. This sec- tion shall take effect immediately in so far as it relates to the salary of said copyist. 4. The auditor, six hundred dollars per annum. '0. The treasurer, one thousand dollars per annum. 6. The tax collector, one thousand dollars per annum, and ten per cent on all licenses collected by hiui as license col- lector. 7. The assessor, one thousand five hundred dollars per annum; jirorided, that in counties of this class there shall be and is hereby allowed to the assessor one deputy, to be appointed by him, who shall receive the salary of seventy- five dollars per month for not exceeding four months in any calendar year, said salary to be paid by said county in monthly installments, at the same time and in the same man- ner, and out of the same fund as the salary of the assessor is paid. This section shall take effect immediately in so far as it relates to the salary of said deputy. 8. The district attorney, one thousand two hundred dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools, fifteen hundred dollars per annum, and actual traveling expenses when visiting the schools of this county. 12. The surveyor, such fees are are now or may hereafter be allowed by law. 13. Justices of the peace, such fees as are now or may hereafter be allowed by law. 14. Constables, such fees as are now or may hereafter be allowed by law. 15. Each supervisor, six dollars per day when the board is in a session, not to exceed three hundred dollars per year, Act 837 SUPPLEMENT. 148 exclusive of mileage, and twenty-five cents per mile for trav- eling one way only from his residence to the county seat at each sitting of the board; and his necessary expenses while supervising the roads of his district, or attending to the business of the county, other than the meetings of the board, not to exceed the sum of four hundred and sixty dol- lars per annum. This section shall take effect immediately in so far as it relates to the necessary expenses of supervis- ors while supervising their roads, or while engaged in at- tending to the business of the county other than the meet- ings of the board. 16. In counties of this class, the official reporter of the superior court shall receive, as full compensation for taking notes in civil aud criminal cases tried in said court, and for preliminary examinations in justices' courts, and at coroner's inquests, a per diem of ten dollars, and for transcription of said notes when required during tiie progress of a trial, ho shall receive the sum of twenty-five cents per folio for the original and five cents per folio for one copy; but if such transcription is not required until after the conclusion of trial, then he shall receive the sum of ten cents per folio for original, and five cents per folio for copies required; said couipensation for transcription in criminal cases to be au- dited and allowed by the board of supervisors as other claims against the county, ann 119 GENERAL LAW'S. Act 837 the amount of saiil fees collected shall exceed one hundred doll.irs in any month, the recorder may receive and retain for his own use, in addition to his salary, one half of all fees in excess of one hundred dollars in any month, so collected; and, provided, that the recorder may retain for his own use, all foes collected for filincr or recording proofs of labor or notices of location of mining- claims. 4. The auditor six hundred dollars per annum. 5. The treasurer twelve hundred dollars per annum. 6. The tnx collector one thousand dollars per annum and ten per cent on all licenses collected by him. 7. The assessor one thousand six hundred and fifty dollars per annum. 8. The district attorney one thousand four hundred dollars per annum. 9. The coroner such fees as are now or may be hereafter allowed by law. 10. The public administrator such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, six hundred dollars per annum and actual traveling expenses while visiting the schools of the county. 12. The surveyor such fees as are now or may be hereafter allowed by law. 13. Justices of the peace such fees as are now or may be hereafter allowed by law. 14. Constables such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors five dollars per day for each day's actual service while the board is in session and ten cents per mile for each mile necessarily trav- eled to and from the place of meeting; also three dollars por day for each day's service while serving as road commis- sioner. Such compensation, as road commissioner, not to exceed three hundred dollars per annum. 16. Grand jurors and jurors in the superior court in crimi- nal cases shall be paid three dollars per day for each day's attendance and for each mile actually traveled in going only, ■wl-i'e acting as such juror, fifteen cents; and the judge of said court shall make an order directing the auditor to draw his warrant on the treasurer in favor of such juror for said per diem and mileage, and the treasurer shall pay the same. The provisions of section two hundred and six of this act, Act 837 SUPPLEMENT. 150 80 far as the sime relates to fees of jurors, ghall take effect on August 1. VMl. This aet shall take effect ami be in force from and after its passage. [Amendment approved March 20, 1905; Stats. 1905, p. 373. In effect partly at once, and in part August 1, 1901.] Section 207. In counties of the fiftieth class, the countr officers shall receive as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, two thousand dollars per annum, ex- cept in the years when a general election is held, and in such years, he shall receive two thousand three hundred dollars per annum. 2. The sheriff four tbnnsand dollars per annum. 3. The recorder one thousand eight hundred dollars per annum. 4. The auditor four hundred dollars per annum. 5. The treasurer one thousand six hundred dollars per annum. 6. The tax collector seven hundred fifty dollars per annum, 7. The assessor one thousand eight hundred dollars per annum. 8. The district attorney one thousand five hnndred dollars per annum. 9. The coroner such fees as are now or may hereafter be allowed by law. 10. The public administrator such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools eight hundred dollars per annum, and actual traveling expenses when visiting the schools of the county. 12. The surveyor such fees as are now or may hereafter be allowed by law. 13. Justices of the peace such fees as are now or may hero- after be allowed by law. 14. Constables such fees as are now or may hereafter be allowed by law. 15. Each supervisor eight dollars per day while the board is in session, and mileage from residence to the county seat at each sitting of the board of 20 cents per mile; also twenty cents per mile for each ivilo actually an01. Real estate, conveyances of. [Stats. 1873-4, p. 345.] Partly codified bv amendment of Civil Code, 1905. See note to § 1096, Civil Code Supp. This act appears in full in Civil Code, 1903, Appendix, p. 714. It relates to conveyances by gersons whose names are changed. DENTISTRY. ACT 9(21. Insuring the better education of practitioners of dental sur- gerv, and to regulate the practice of dentistry. [Stats. 1885, p. 110.] Amended 1893, 70. Repealed 1901, 564. Supp. Cal. Rep. Cit. 144, 168; 144, 169; 144, 170 j 144, 177. ACT 922. An act to insure the better education of practitioners of dental surgery, and to regulate the practice of den- tistry in the state of California, providing penalties for the violation hereof, and to repeal an act now in force relating to the same and known as "An act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the state of California, approved March 12, 1885." [Approved March 23, 1901. Stats. 1901, p. 564.] Amended 1903, 322; 1905, 430. This act appears in full with the exception of the amendment of 3 905, in General Laws, 1903, p. 328. Supp. Cal. Rep. Cit. 144, 169; 144, 170; 144, 177. Acts 950-985. SUPPLEMENT. 178 DITCHES. ACT 950. An act for the protection of the owners of ditches and flumes. [Stats. 1S89, p. 202.] Codified in part by amendment of Civil Code, 1905. See note to I 842. Civil Code Supp. This act appears in full in General Laws, 1903, p. 340. DEAINAGE. ACT »79. An act to create a drainage district to be called "Sacra- mento Drainage District," to promote drainage there- in; to provide for the election and appointment of offi- cers of said drainage district; defining the powers, du- ties and compensations of such officers and providing for the creation, division and management of reclama- tion, swamp land, levee, drainage and protection dis- tricts within said Sacramento drainage district, and providing for levying and collecting assessments upon the lands within said drainage district. [Stats. 1905, p. 443.] ACT 982. To provide for the organization and government of drain- age districts, for the drainage of agricultural lands other than swamp and overflowed lands. [Stats. 1897, p. 334.] Amended 1901, 554. Repealed 1903, 317. Supp. Cal. Eep. Cit. 142, 201. ACT 983. To provide a system of drainage for agricultural, swamp, and overflowed lands. [Approved March. 3, 1881. Stats. 1881, p. 15.] Amended 1897, 220. Supp. Cal. Eep. Cit. 144, 216. ACT 985. An act to promote drainage. [Approved March 18, 1885. Stats. 1885, p. 204.] Amended 1891, 262. This act appears in full in General Laws, 1903, p. 344. Supp. Cal. Eep. Cit. 144, 210; 144, 211; 144, 212; 144, 213; 144, 214; 144, 216; 144, 217. 1'9 GEXERAL LAWS. Acts 1015-1060 ELECTIOXS. ACT 1015. To promote the purity of elections bv regulating the eon- duct thereof, and to support the privilege of free suf- frage by prohibiting certain acts and privileges in re- lation thereto, and providing for the punishment thereof. [Stats. 1893, p. 12.] Amended 1895. 227; 1905, 37; 1905, 93. Codified in part by amendments of Penal Code. 1905. See notes to §§ 42, 42a, 46, 47, 49, 50, 51, 54a, 54b, 57, 57a, 59, Penal Code Supp. This act appears in fnll with the exception of the amendments of 1905, in Political Code, 1903, Appendix, p. 1044. Supp. Cal. Eep. Cit. 141, 41-5; 141, 416. EMPLOTMEXT AGEXTS. ACT 1036. Defining the duties and liabilities of employment agents, making the violation thereof a misdemeanor and fix- ing penalties therefor. [Stats. 1903, p. 14.] Amended 1905, 143. This act appears in full ■with the exception of the amendment of 1905 in Penal Code, 1903, Appendix, p. 592. Supp. Cal. Eep. Cit. 144, 235. ESTATES OF DECEASED PEESOXS. ACT 105o. Authorizing certain corporations to act as executor, admin- istrator, guardian, assignee, receiver, depositary or trus- tee, and in other capacities, and to provide for and reg- ulate the administration of trusts by such corpora- tions. [Stats. 1891, p. 490.] Amended 1897. 424; 1903, 244; 1905, 232. This act appears in fnll, with the exception of the amendment of 1905, in the Appendix to the Civil Code. 1903, p. 702. It au- thorized deposits to be made -with such corporations and the re- duction of the bond of an executor, guardian, etc., depositing with such corporation. ESTEAYS. ACT 1060. An act relating to estrays, providing for taking them up and giving a lien on them for all damages, costs, and expenses incurred by reason of taking them up. and repealing all other acts and parts of acts now in force relating to estrays. [Stats. 1901, p. 603.] AcU 1093 1123 SUPPLF.MEXT. 180 Amended 1905. DO.'j. This art npppar* in full with the exception of the amendment of 1905 in General Laws, 1903, p. 394. EXPLOSIVES. ACT 1003. An act to protect life and property agninst the carelew and malicious use or hnndlin); of dynamite and other ex- plosives. [Stats. 18.S7. p. 110.] ('<«\\(\i'd in pnrt bjr n' "f Penal Code, 1905. See not* to '' 'T'ln and tlOl, Pei .p. riiis act appears in fi. r&l Lawi, 1903, p. 400. FEEBLE-MINDED CHILDREN. ACT 11 OS. To est.ihli.sli the "California home for the care and train- ing of ftoMo-mindod children," and provide for the maintenance of the same. [Stats. 18S5, p. 198.] Repealed 1887, 73. Supp. Cal. Rep. Cit. 139, 2G6; 139, 267. ACT 1100. To provide for the jjovernmcnt and manajjement of the Cali- fornia home for the care and training of feebleminded children. [Stats. 18S7, p. 69.] Amended 1889, 155. Supplemented 1697, 2, 251; 1901, 795. Supp. Cal. Rep. Cit. 139, 267. A Section 1. Every franchise or privilege to erect or lav telegraph or telephone wires, to construct or operate street or interurban railroads upon any public street or highway, to lay gas pipes for the purpose of carrying gas for heat and power, to erect poles or wires for transmitting electric heat and power along or upon any public street or highway, or to exercise any other privilege whatever hereafter pro- posed to be granted by boards of supervisors, boards of trustees, or common councils, or other governing or legisla- tive bodies of any county, city and county, city or town within this state, except steam railroads and except tele- graph or telephone lines doing an interstate business, and renewals of franchises for piers, chutes or wharves, shall be granted upon the conditions in this act provided, and not otherwise. Sec. 2. An applicant for any franchise or privilege above mentioned shall file with the governing or legislative body of the county or municipality an application, and there- upon said governing body shall, in its discretion, advertise the fact of said application, together with a statement that it is proposed to grant the same, in one or more newspapers of the county, city and county, city or town wherein the said franchise or privilege is to be exercised. Said adver- tisement must state that bids will be received for such franchise, and that it will be awarded to the highest bidder, and the same must be published in such newspaper once a. day for ten successive days, if it be a daily newspaper, and if there be no daily newspaper published in such county, city and county, city or town, then it shall be published in a weekly newspaper once a week for four successive weeks, and in either case the full publication must be completed not less than twenty nor more than thirty days before any further action can be taken thereon. See. 3. The publication must state the character of the franchise or privilege proposed to be granted, the term for which it is granted, and, if it be a street railroad, the route to be traversed; that sealed bids therefor will be re- ceived up to a certain hour and day named therein, and that the successful bidder and his assigns must, during the life of said franchise, pay to the county or municipality two per cent (2^) of the gross annual receipts of the person, part- nership or corporation to whom the franchise is awarded, arising from ita use, operation or possession. No percent- Act 1229 SUPPLEMENT. Id6 age shall be paid for the first five (5) years succeeding the date of the franchise, but thereafter such percentage shall be payable annually; and in the event said payment is not made, said franchise shall be forfeited; provided further, that if the franchise be a renewal of a right already in ex- istence, the payment of said percentage of gross receipts shall begin at once. Sec. 4. In case the franchise granted shall be an exten- sion of an existing system of street railroad, then the gross receipts shall be estimated to be one half of the proportion of the total gross receipts of said system which the mileage of such extension bears to the total mileage of the whole system, and said estimate shall be conclusive as to the amount of the gross receipts of said extension. Sec. 5. Said advertisement shall also contain a state- ment that the said franchise will be struck off, sold and awarded to the person, firm or corporation who shall make the highest cash bid therefor; provided, only, that at the time of the opening of said bids any responsible person, firm or corporation present or represented may bid for said franchise or privilege, a sum not less than ten per cent above the highest sealed bid therefor, and said bid so made may be raised not less than ten per cent by any other re- sponsible bidder, and said bidding may so continue until finally said franchise shall be struck off, sold, and awarded by said governing body to the highest bidder therefor in gold coin of the United States. Each sealed bid shall be accompanied with cash or a certified check, payable to the treasurer of such county or municipality, for the full amount of said bid, and no sealed bid shall be considered imless said cash or check is enclosed therewith and the successful bidder shall deposit, at least ten per cent of the amount of his bid with the clerk of such county or munic- ipality before the franchise shall be struck off to him. And if he shall fail to make such deposit immediately, then and in that case, his bid shall not be received, and shall be considered as void, and the said franchise shall then and there be again offered for sale to the bidder who shall make the highest cash bid therefor, subject to the same con- ditions as to deposit, as above mentioned. Said procedure shall be had until said franchise is struck off, sold, and awarded to a bidder who shall make the necessary deposit of at least ten per cent of the amount of his bid therefor, 197 GENERAL LAWS, Act 1229 as herein provided. Said successful bidder shall deposit with the clerk of such couuty or municipality, within twenty-four hours of the acceptance of his bid, the remain- ing ninety per cent of the amount thereof, and in case he or it shall fail to do so, then the said deposit theretofore made, shall be forfeited, and the said award of said fran- chise shall be void, and the said franchise shall then and there, by said governing body, be again offered for sale to the highest bidder therefor, in the same manner, and un- der the same restriction as hereinbefore provided, and in case said bidder shall fail to deposit with the clerli of such county or municipality, the remaining ninety per cent of his bid, within twenty-four hours after its acceptance, the award to him of said franchise shall be set aside, and the deposit theretofore made by him shall be forfeited, and no further proceedings for a sale of said franchise shall be had unless the same shall be readvertised and again offered for sale, in the manner hereinbefore provided. Sec. 6. Work to erect or lay telegraph or telephone wires, to construct street railroads, to lay gas pipes for the purpose of carrying gas fqr heat and power, to erect poles or wires for transmitting electric heat or power, along or upon any public street or highway, or to exercise any privilege whatever, a franchise for which shall have been granted in accordance with the terms of this act, shall be commenced in good faith within not more than four months from the granting of any such franchise, and if not so commenced within said time said franchise so granted shall be declared forfeited, and shall be completed within not more than three years thereafter, and if not so com- pleted within said time said franchise so granted shall be for- feited; prnrided, that for good cause shown the governing or legislative body may by resolution extend the time for completion thereof, not exceeding three months. Sec. 7. The successful bidder for any franchise or priv- ilege struck off, sold, and awarded under this act shall file a bond running to said county, city and county, or city or town, with, at least, two good and sufficient sureties, to be approved by such governing body, in a penal sum by it to be prescribed, and set forth in the advertisement for bids, conditioned that such bidder shall well and truly ob- serve, fulfill and perform each and every term and condition of such franchise, and that in case of any breach of con- Act 1229 SUPPLEMENT. 198 dition of such bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed -with such governing body within five days after such franchise is awarded, and upon the filing and approval of such bond, the said franchise shall, by said governing or legislative body, be granted by ordinance to the person, firm or cor- poration to whom it has been struck off, sold, or awarded, and in case that said bond shall not be so filed, the award of such franchise shall be set aside, and any money paid therefor shall be forfeited, and said franchise shall, in the discretion of said governing or legislative body, be read- vertised, and again offered for sale in the same manner, and under the same restrictions, as hereinbefore provided. Sec. 8. It shall be the duty of the attorney-general, upon the complaint of any county or municipality, or, in his dis- cretion, ui)on the complaint of any taxpayer, to sue for the forfeiture of any franchise granted under the terms of this act, for the noncompliance with any condition thereof. Sec. 9. No clause or condition of any kind shall be in- serted in any franchise or grant offered or sold under the terms of this act, which shall directly or indirectly restrict free and open competition in bidding therefor, and no clause or provision shall be inserted in any franchise offered for sale, which shall in any wise favor one person, firm or corporation, as against another, in bidding for the purchase thereof. Sec. 10. Any member of any common council or other governing or legislative body of any county, city and county, city or town of this state, who, by his vote, vio- lates or attempts to violate the provisions of this act, or any of them, shall be guilty of a misdemeanor, and may be punished therefor, as provided by law, and may be deprived of his office by the decree of a court of compe- tent jurisdiction, after trial and conviction. Sec. 11. All acts or parts of acts in conflict herewith are hereby repealed; provided, however, that nothing herein con- tained shall be construed as repealing, or amending the following acts, to wit: "An act relating to the granting by the counties and municipalities of franchise for the con- struction of paths and roads for the use of bicycles and other horseless vehicle?," approved March twenty-seventh, eighteen hundred and ninety-seven; "An act to authorize 199 GENERAL LAWS. Acts 1232-1300 cities and towns to grant franchises for the- construction and maintenance of railroads beyond the limits of such cities or towns leadincr to public parks owned thereby," be- ing chapter forty of the laws of eighteen hundred and ninety-seven of the State of California. This act shall take effect immediately. ACT 1232. To provide for the sale of street railroad and other fran- chises in municipalities. [Stats. 1901, p. 265.] Amended 1903, 90. This act appears in full in Civil Code, 1903, Appendix, p. 758. See ante, Act 1229. Supp. Cal. Rep. Cit. 142, 228. ACT 1234. Relating to granting by counties and municipalities of franchises for the construction of paths and roads for the use of bicycles and other horseless vehicles. [Stats. 1897, p. 191.] See post, Act 1464. FREE LIBRARIES. ACT 1247. An act to provide for the establishment and maintenance of public libraries within municipalities. [Stats. 1901, p. 557.] Amended 1905, 296. This act appears in full with the exception of the amendment of 1905, in General Laws, 1903, p. 429. FUNDS. ACT 1279. Esquiring the payment into the state treasury of all moneys belonging to the state, received by state institutions, commissions, and officers, and directing the disposition of the proceeds. [Stats. 1899, p. 110.] Amended 1905, 382. GAME LAWS. ACT 13O0. To create the office of fish and game warden, and to pre- scribe the powers, duties, and salary of such officer. [Stats. 1895, p. 169.] Acts 1315-1387. SUPPLEMENT. 200 Amended 1905, 319. This act appears in full in Political Code, 1903, Appendix, p. 1089. ACT 1315. Sea-gulls at Santa Monica, protection of. [Stats. 1875-6, p. 287.] Codified by amendment of Penal Code, 1905. See note to § 599, Penal Code Supp. This act appears in full in Penal Code, 1903, p. 609. ACT 131G. To prevent capture and destruction of blue cranes. [Stats. 1S89, p. 20.5.] This act appears in full in the Appendix to the Penal Code, 1903, p. 608. Codified by amendment of Penal Code, 1905. See note to § 599, Penal Code Supp. GAS. ACT 1342, Concerning gas companies. [Stats. 1869-70, p. 815.] This act related to the granting of franchises. Supp. Cal. Kep. Cit. 139, 183. GIFTS. ACT 135G. An act to authorize the several counties, cities and coun- ties, cities and towns of the state, and the officers and boards of officers thereof, to receive property by gift, bequest or devise, and to hold, manage and dispose of such property and the income and increase thereof. [Stats. 1881, p. 2.] Codified by amendment of Civil Code, 1905. See note to § 1275, Civil Code Supp. GOATS. ACT 13G7. An act to prevent buck goats running at large. [Stats. 1877-8, p. 437.] Codified by amendment of Penal Code, 1905. See note to § 597g, Penal Code Supp. This act appears in full in General Laws, 1903. d. 446. GOVERNOR. ACT lasr. Imposing certain duties on governor respecting rewards. [Stats. 1875-6, p. 855.] 201 GENERAL LAWS. Acts 1431-1449 F'^nealed liy § 1547, Penal Code, as amenrled ISO.'i. This act authorized the governor to offer rewards. It appears in full in the Appendix to the Penal Code, 1903, p. 610. HAEBOR COMMTSSIONEES. ACT 1431, Empowering tlie state board of harbor commissioners to insure against loss or damage by fire the property of the state located on the water-front of San Francisco. [Stats. 1901, p. 809.] Amended 1905, 295. This act appears in full with the exception of the amendment of 1905, in Political Code, 1903, Appendix, 1094. ACT 1433, Concerning the water-front of the city and county of San Francisco. [Stats. 1877-8, p. 263.] Amended 1880, 10; 1889, 379; 1891, 233; 1895, 194; 1901, 627; 1905, 109. See Political Code, sec. 2524. This act related to the jurisdiction of the harbor commissioners. HIGHWAYS. ACT 1449, An act to provide for the formation of boulevard districts and the construction, maintenance and use of boule- vards and defining the term boulevard. [Approved March 22, 1905. Stats. 1905, p. 754.] Section 1. Any portion of a county not contained in a boulevard district may be formed into a boulevard district under the provisions of this act, and when so formed shall be known and designated by the name and style of • boulevard district (using the name of the district), of • county (using the name of the county in which said dis- trict is located), and shall have the rights herein enum- erated and such as may hereafter be conferred by law. Sec. 2. A petition for the formation of such boulevard district (naming it) may be presented to the board of su- pervisors of the county wherein the district is proposed to be formed, which said petition shall be signed by not less than twenty-five freeholders, resident within the proposed district, and shall contain — (1) The boundaries of the proposed district. (2) The number of acres contained therein and the ap- proximate value thereof and of the improvements thereon, (3) A particular description of the boulevard which it is desired to lay out, open and construct. Act 1449 SUPPLEMENT. ,202 (4) A request that an election be called within said dis- trict for the purpose of deterniininor the question of the formation of said boulevard district and the buildincr of the boulevard described in said petition. Such petition must also be accompanied by a map showing the location of said boulevard, and of said district with relation to the territory immediately contiguous thereto: also with a cross- section and profile of said proposed boulevard, tosfether with specifications for the construction thereof, which said map shall be approved as to location of the boulevard and said cross-section, profile and specifications, as to manner of construction, by the county surveyor of the county in which said proposed district is located. There shall also be filed with said board of supervisors, at the time said petition is presented, a bond in the sum. of not more than three hundred dollars, with two sufficient sureties, to be approved by said board, who shall each qualify in double the amount of the penal sura thereof, conditioned that they will pay the expense and cost of said election in an amount not exceeding the amount mentioned in said bond, as the penal sum thereof, in case such election shall fail to carry. Sec. 3. Such petition must be presented at a regular meeting of said board of supervisors and they shall there- upon fix a time for hearing said petition, not less than twenty-one nor more than thirty days after the date of presentation thereof, and shall publish a notice of the fact that such petition has been filed (referring to the same on file with the clerk of the board of supervisors for fur- ther particulars) and giving the date and hour at which said petition will be heard, which said notice shall be pub- lished at least once a week for two consecutive weeks in some newspaper published and circulated in said pro]>osed district; proriilcd, that, if no newspaper be so published in said district, then said notice shall be so published in some newspaper published and circulated in the county in ■which said proposed district is located. Sec. 4. I'pon the day named for the hearing of said petition, the board of supervisors shall hear the same and may adjourn such hearing from time to time, not more than two weeks in all. On the final hearing, they shall make such changes in the proposed boundaries as they may find to be proper, and shall define and establish such bounda- ries. Any change made by the board of supervisors shall 203 GENERAL LAWS. Act 1449 rot include any territory outside of the boundaries de- scribed in the petition until the board has given at least two weeks' notice of its intention to include 3uch terri- tory in said district, said notice to be given and published as herein provided for the notice of the hearing of said petition. Sec. 5. The boundaries established by the board of super- visors shall be the boundaries of such boulevard district un- til the same shall be changed in the manner provided by law. But if it shall appear to the board that the boundar- ies of any such division have been incorrectly described, it shall direct the county surveyor to ascertain and report the correct description of the boundaries, in conformity with the orders of said board of supervisors, which said re- jjort must be filed within thirty days from the day of the making of such order. At the first regular meeting after the filing of said report, the board of supervisors shall ratify the same, with such modifications as they deem nec- essary, and the boundaries so established shall be the legal boundaries of such boulevard district. Sec. 6. The board of supervisors thereupon, and not later than the first regular meeting after the establishment of said boundaries as hereinbefore provided, shall give notice of an election to be held in such proposed boulevard dis- trict for the purpose of determining whether such district shall be formed and said boulevard built as in said peti- tion, maps, cross-sections, profiles and specifications de- scribed. Sec. 7. Such notice must specify the time and place or places of holding the election, the amount of money pro- posed to be raised, and the purposes for which it is to be used, including a brief description of the proposed work and materials to be used, and referring to the map, profiles, cross-sections and specifications on file with the clerk of the board of supervisors. Sec. 8, For the purposes of this election the board of su- pervisors shall establish, by order, one -or more precincts within the boundaries of said district, and appoint one in- spector, one judge and one clerk for each, to conduct the same, and said election must be held in all respects as near as practicable in conformity with the general election laws of the state. At such election the ballots shall con- tain the words "For the formation of said district and tho Act 1449 SUPPLEMENT. 204 construction of said boulevard — Yes, No," together with a square at the right of the word "Yes'" and at the right of the word "Xo" in which the voter may stamp his bal- lot to indicate his choice. But no particular form of bal- lot other than above set forth need be used; nor shall any informality in conducting said election invalidate the same if the election shall have been otherwise fairly conducted. Sec. 9. The officers of the election must certify the re- sult of the election to the board of supervisors, giving the whole number of votes cast, the number for and the number against the formation of ' said boulevard district and the building of said boulevard, and if the majority of the votes cast are in favor of same, the board of supervisors must enter an order to that effect uj)on its minutes, declaring said district formed and that said boulevard shall be built, and the amount to be raised by taxation on the taxable prop- erty within said district, which said amount shall be in the aggregate not exceeding seventy-five per cent of the estimated cost of acquiring the right of way therefor and constructing said boulevard, as found in the estimates to be furnished by the county surveyor of said county; the balance, twenty-five per cent, to be paid out of the general road fund of the county; and the board of supervisors shall, at the time of fixing the amount of the county tax levy, le\"\' a tax upon the taxable property in said district suffi- cient to pay said amount. Sec. 10. The work provided for in this act to be done shall be by law contracted to the lowest responsible bidder in accord with the provisions of section 2643 of the Politi- cal Code of California. The successful bidder shall give a bond in such sum as the board of supervisors shall provide, conditioned for the faithful performance of the contract, together with any and all bonds required by law for public work. The work done under said contract to be performed under the direction and to the satisfaction of the surveyor of the county in which said boulevard district is located. Sec. 11. Any money remaining to the credit of the boule- vard district on the completion of the work contracted for, with any and all gifts and donations thereto, shall remain in the fund of the district and be expended in the betterment of said boulevard. The maintenance of the same, after the completion thereof, to be paid out of the general road fund of the county; proviflrd, that the board of supervisors of the county in which said boulevard district is located may, as 205 GENERAL LAWS. Act '144& now or hereafter provided by law, arrange with the de- partment of highways or other lawful authority to turn said boulevard over to the State of California, and it ^hall there- after be kept and maintained as a state boulevard out of the funds provided by law for state highway purposes, but subject at all times nevertheless to the limitations as to the use thereof hereinafter provided. Sec. 12. By the term "boulevard" as used herein is: meant a highway of limited dedication and use, not less than one hundred feet in width and upon which no wagon for heavy teaming, having a tire of less than four inches, shall be permitted, and upon, along and over which no fran- chise for telephone, telegraph or electric wires or poles or for the operation or running of cars or vehicles upon fixed tracks or rails thereon shall ever be granted; and any ease- ment granted or condemned for the building of said boule- vard shall be so granted or condemned; p7'ovided, that noth- ing herein shall be deemed to apply to or preventing the granting of such franchise or limiting the use of wagons across said boulevard, on, over and along intersecting streets and highways. _ Sec. 13. All provisions of the law of the State of Cali- fornia relating to streets and highways, including the right of eminent domain, save only section 2 of an act of the leg- islature of the State of California entitled "An act to re- peal chapter two of title six, part three, of an act of the legislature of the State of California, entitled 'An act to establish a Political Code,' approved March 12, 1872, and each and every section of said chapter two. And to enact- a new chapter two of title six of part three of said code and substitute the same in place of said repealed chapter two in said code, relating to roads and highways," ap- proved February 2S, 1883, and also an act of the legislature of the State of California entitled "An act for the estab- lishment of a uniform system of road government and ad- ministration in the counties of the State of California," approved April 1, 1897, not in conflict herewith are hereby made applicable to the opening, laying out and maintaining of boulevards constructed hereunder and the acquiring of rights of way therefor. Sec. 14. The board of supervisors of the county in which said boulevard district is located shall have sole control of the management and affairs of said boulevard district. General Laws— 18 Acts 1450-1510. SUPPLEMENT. 206 ACT 14.'0. An act to provide for the location and construction of a pub- lic highway from the General Grant Park in Fresno county; thence easterly a distance of about fifty miles to the Kings Eiver canyon; and making an appropria- tion for the construction thereof; and providing for a commission to take charge of, locate and construct said highway, and to repeal an act entitled "An act to ap- propriate money for the survey, location and construc- tion of a free wagon road from the town of Mariposa in Mariposa county to the Yosemite Valley," approved March 26, 1895. [Stats. 1905, p. 797.] ACT 14C4. An act relating to the granting by counties and municipal- ities of franchises for the construction of paths and roads for the use of bicycles and other horseless ve- hicles. [Staats. 1897, p. 191.] Codified by amendment to Civil Code, 1905. See note to § 524, Civil Code Supp. HOMESTEADS. ACT 148 7. Alienating or incumbering. [Stats. 1873-4, p. '582.] Codified by amendments to Civil Code, 1905. See note to § 1269a, Civil Code Supp. This act appears in full in Civil Code, Appendix, 1903, p. 718. It provided for the alienation of the homestead in case of the in- sanity of either husband or vrife. HOMING PIGEONS. ACT 1497. An act for the protection of the Antwerp messenger, or hom- ing pigeon. [Stats. 1897, p. 37.] Codified by amendments to Penal Code, 1905. See note to § 598a, Penal Code Supp. This act appears in full in General Laws, 1903, p. 63. HOETICULTtJRE. ACT 1510. An act to provide for the proper naming of trees, seeds, plants, and vines, sold, offered, or exposed for sale in this state and providing a penalty for the violation of this act. [Approved March 3, 1905. Stats. 1905, p. 44.] Section 1. All trees, seeds, plants and vines, sold, offered or exposed for sale in the State of California shall be prop- 207 GENERAL LAWS. Act 1511 erly named as to variety and kind, and any person know- ingly selling, trading, or exchanging, or oifering or expos- ing for sale any trees, seeds, plants or vines falsely named as to variety and kind shall be guilty of a uiisdemeanor, and shall be liable to a fine of not less than ten dollars, nor more than three hundred dollars. ACT 1511. An act to provide for an investigation of the nature of the diseases known as pear blight and walnut blight and to prevent, eradicate, and procure a cure for the same and to cause to be prosecuted experimental and re- search work in the field of viticulture, directing pub- lication of the results of such experiments and inves- tigations, making an appropriation therefor and pre- scribing the duties of the controller and treasurer in relation thereto. [Approved March 18, 1905. Stats. 1905, p. 124.] Section 1. The regents and the president of the Univer- sity of California are hereby directed to cause to be prose- cuted with all possible diligence, in connection with and in addition to the work heretofore carried on by the agricul- tural experiment station, experimental and research work in the field of viticulture, including both cultural and in- dustrial processes. They are directed to ascertain the adap- tation of the various kinds of vines to the several climatio and soil conditions of the state, with the special reference to those stocks for propagating purposes, resistant to the phylloxera, and to further their adaptability and utility as grafting stocks for producing wine, raisin and table grapes. They are directed to ascertain the best methods of grafting and propagating said stocks and vines together with the most important methods of vinification and prep- aration, manufacture and application of yeasts in vinifi- cation and distillation. They are further directed to re- port upon the utilization of the by-products of the vineyard and winery, the study and treatment of the vine diseases, and all matters appertaining to the viticultural industry pertinent to the successful conduct of the business and that may be of general public interest, use and profit. They are further directed to publish the result of said experiments and investigations in form of bulletins from ti;ne to time, as may seem advisable and not less than two bulletins show- Acts 1513, 1515 SUPPLEMENT. EOS ing the progress and result of the work, shall be issued in any fiscal year. And they are further directed to inaugurate an investi- gation of the cause, nature, and means of suppression or prevention, of the so-called pear blight, a destructive, in- fectious disease of pear and apple trees. For such inves- tigation, said director shall obtain and establish such as- sistants, equipment, materials, appliances, apparatus imd other incidentals as may be necessary to the successful prose- cution of the work, within the appropriation specified. And they are further directed to secure a remedy for the so-called walnut blight. The said regents are hereby au- thorized to employ an expert and if necessary, to send hira abroad to ascertain the cause of this blight and in an en- deavor to secure a remedy therefor. Sec. 2. There is hereby appropriated for the use of said experiment station, for the purposes set forth in this act, the sum of twenty thousand dollars ($20000). Sec. 3. All money appropriated under this act shall be paid to the regents of the University of California, and expended under the direction of the director of the agricul- tural experiment station of said university for the speciHe purposes herein named. ACT 1513. An act to create a state commission of horticulture, to provide for a state commissioner of horticulture, and prescribe his powers, duties and compensation, and to provide methods, means and penalties for the en- forcement of such powers and duties, and appropriat- ing money for the use and support and to pay the ex- penses thereof, and to repeal chapter sixty-three of the laws of eighteen hundred and eighty-three, chapter seven of the laws of eighteen hundred and eighty-five, chapter eighty-six of the laws of eighteen hundred and eighty-nine, and chapter one hundred and ninety-four of the laws of eighteen hundred and uinetv-one. [Stats. 1903, 524.] Amended 1905, 496. This act appears in full w:th the exception of the amendment of 1905, in General Laws, 1903, p. 464. ACT 1515. An act to promote the horticultural interests of the state by providing county boards of horticulture, and re- 209 GENERAL LAWS. Acts 1534. 1593 pealing the act entitled "An act to protect and pro- mote the horticultural interests of the state," approved March 14, 1881, and certain acts amendatory thereof, approved March 19, 1889, and March 31, 1891. [Stats. 1897, p. 244.] Amended 1905, 297. This act appears in full, with the exception of the amendment of 1905, in General Laws, 1903, p. 471. HOUES OF LABOR. ACT 1534. Limiting the hours of daily ■services of laborers, work- men and mechanics employed upon the public works of or work done for the state of California, or any political subdivision thereof, providing for the inser- tion of certain stipulations in contracts for public works:, imposing penalties for violations of the pro- visions of this act, and providing for the enforcement thereof. [Stats. 1899, p. 149.] Superseded by 1901, 561. Superseding act appears in full in General Laws, 1903, p. 478. Supp. Cal. Eep, Cit. 142, 104. ACT 1530. An act limiting the hours of service of laborers, workmen, and mechanics employed upon the public works of, or work done for, the state of California, or of, or for any political subdivision thereof; imposing penalties for violation of the provisions of said act, and providing for the enforcement thereof. [Stats. 1903, p. 119.] Codified by amendment of Penal Code, 1905. See note to 9 653c, Penal Code Supp. This act appears in full in General Laws, 1903, p. 480. INCLOSURES. ACT 1.19.3. Preventing persons passing through inclosures and leav- ing them open by tearing down fences or otherwise, and to prevent hunting upon inclosed lands. [Stats. 1875-6, p. 408.] Many of the sections of this act were codified by amendments to the Penal Code, 1905. See notes to §§ 384b, 384c, 602, Penal Code Supp. Act 1611 SUPPLEMENT. 210 INFANTS. ACT 1611. An act regulating the employment and hours of laljor of children — prohibiting the employment of minors under certain ages — prohibiting the employment of certain il- literate minors — providing for the enforcement hereof by the commissioner of the bureau of labor statistics and providing penalties for the violation hereof. [Approved February 20, 1905. Stats. 1905, p. 11.] Section 1. No minor under the age of eighteen shall be employed in laboring in any manufacturing, mechanical, or mercantile establishment, or other place of labor, more than nine hours in one day, except when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week; and in no case shall the hours of labor exceed fifty-four hours in a week. Sec. 2. No minor under the age of sixteen years shall be employed or permitted to work in any mercantile institution, office, laundry, manufacturing establishment, or workshop, between the hours of ten o'clock in the evening and six o'clock in the morning. No child under fourteen years of age shall be employed in any mercantile institution, office, laundry, manufacturing es- tablishment, workshop, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages. Provided that the judge of the juvenile court of the county, or city and county, or in any county or city and county in which there is no juvenile court, then any judge of the superior court of the county, or city and county in ■which such child resides, shall have authority to issue a permit to work to any such child over the age of twelve years, upon a sworn statement being made to him by the parent of such child that such child is past the age of twelve years, that the parents or parent of such child are incap- acitated for labor, through illness, and after investigation by a probation officer or truant officer of the city, or city and county, in which such child resides, or in cities and counties where there are no probation or truant officers, then by such other competent persons as the judge may designate for this purpose. The permit a,7 issued shall 211 GENERAL LAWS. - Act 1611 specify the kind of labor and the time for which it is is- sued, and shall in no case be issued for a longer period than shall seem necessary to the judge issuing such permit. Such permit shall be kept on file by the person, firm or corpora- tion employing the child therein designated, during the term of said employment, and shall be given up to said child upon his quitting such employment. Such certificate shall be always open to the inspection of the truant and probation officers of the city and county, city or county, in which the place of employment is situated or of the officers of the state bureau of labor statistics. And provided that any such child, over the age of twelve years, may be employed at any of the occupations men- tioned in this act during the regular vacation of the pub- lic schools of the city, county, or city and county in which the place of employment is situated, upon the production of a pennit signed by the principal of the school which such child has attended during the term next preceding any such vacation. Such permit shall contain the name and age of the child to whom it is issued, and the date of the termina- tion of the vacation for which it is issued, and shall be kept on file by the emploj^er during the period of employ- ment, and at the termination of such employment shall be returned to the child to whom it was issued. No minor who is under sixteen years of age shall be em- ployed or permitted to work at any gainful occupation dur- ing the hours that the public schools of the city, town or school district in which his place of employment is situ- ated are in session, unless he or she can read English at sight and can write legibly and correctly simple English sentences, or unless he or she is a regular attendant for the then current term at a regularly conducted night school. A certificate of the principal of such school shall be held to be sufficient evidence of such attendance. Sec. 3. Every person, firm, or corporation employing minors under eighteen years of age, in any manufacturing establishment, shall post, and keep posted, in a conspicuous place in every room where such help is employed, a writ- ten or printed notice stating the number of hours per day for each day of the week required of such persons. Every person, firm, corporation, agent or officer of a firm or corporation employing or permitting minors under six- teen years and over fourteen years of age to work in any mercantile institution, office, laundry, manufacturing estab- Act 1611 SUPPLEMENT. 212 lishment, workshop, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or mes- sages, shall keep a record of the names, ages, and places of residence of such minors, and shall have on file a cer- tificate of age and schooling, aj provided in this act. for every such minor so employed, said record and certificate to be open at all times to the inspection of those whose duty it is to enforce the provisions of the act. An age and schooling certificate shall be approved only by the superintendent of schools of the city or city and county, or by a person authorized by him, in writing, or where there is no city or city and county superintendent of schools, by a person authorized by the local school trus- tees; proridrd, that the superintendent or principal of any school of recognized standing shall have the right to approve an age and schooling certificate, and shall have the same rights and powers as the superintendent of public schools to issue the certificate herein provided, for children attend- ing such schools. The persons authorized to issue age and schooling certificates shall have the authority to administer the oaths necessary for carrying out the provisions of this act, but no fee shall be charged for issuing such certificates. An age and schooling certificate shall not be approved unless satisfactory evidence is furnished by the last school census, the certificate of birth or baptism of such child, the public register of birth of such child, or in some other manner, that such child is of the age stated in the certifi- cate. A duplicate copy of each age and schooling certificate granted under the provisions of this act shall be kept by the person issuing such certificate, such copy to be filed with the county superintendent of schools in the county where the certificate was issued, provided that all such copies of certificates issued between June 2'5th and Decem- ber 25th of any year shall be filed not later than December 31st of such year, and those issued between December 25th and June 25th of the ensuing year shall be filed not later than June 30th of each year. Such certificate shall be sub- stantially in the following form, to wit: Age and Schooling Certificate. This certifies that I am the (father, mother, or guardian) of (name of child), and that (he or she) was born at (name of town or city), in the county of (name of county) (if 213 GENERAL LAWS. Act 1611 known) an J state (or country) of (name), on the (rlav and year of birth), and is now (number of years and of months) old. Signature as provided in this act. Town or city, and date. There personally appeared before me the above named (name of person signing) and made oath that the fore- going certificate by (him or her) signed is true to the best of (his or her) knowledge and belief. I hereby approve the foregoing certificate of (name of child) height (feet and inches), complexion (fair or dark), hair (color), having no sufficient reason to doubt that (he or she) is of the age therein certified, and I hereby cer- tify that (he or she) can or can not read English at sight, and can or can not write legibly simple sentences in the English language. Signature of the person authorized to sign, with his official character and authority. Town or city, and date. This certificate belongs to the person in whose behalf it is drawn, and it shall be surrendered to (him or her) whenever (he or she) leaves the services of the person, firm, or corporation holding the same. The certificate as to the birthplace and age of the minor under sixteen and over fourteen years of age shall be signed by his father, his mother, his guardian; if a child has no father, mother, or guardian living in the same city or town, hia own signature to the certificate may be accepted by the person authorized to approve the same. Every person authorized to sign the certificate prescribed by this act, who knowingly certifies to any false statement therein, is guilty of a misdemeanor and upon conviction thereof shall be fined not less than five nor more than fifty dollars, or imprisoned not more than thirty days, or by both such fine and imprisonment. Sec. 4. Any person, firm, corporation, agent, or officer of a firm or corporation that violates or omits to comply with any of the foregoing provisions of this act, or that employs, or suffers, or permits any minor to be employed in viola- tion thereof, is guilty of a misdemeanor and shall, on con- viction thereof be punished by a fine of not less than fifty dollars or more than two hundred dollars, or by imprison- ment for not more than sixty days, or by both such fine and imprisonment, for each and every offense. A failure Acts 16161618 SUPPLEMENT. 214 to produce any age and schooling certificate or permit, or to post any notice required by this act, shall be prima facie evidence of the illegal employment of any person whose age and schooling certificate or permit is not produced, or whose name is not so posted. Any fine collected under the pro- visions of this act shall be paid into the school funds of the county, or city and county, in which the offense occurred. Sec. 5. Nothing in this act shall be construed to prohibit the employment of minors at agricultural, horticultural, viticultural or domestic labor, during the time the public schools are not in session, or during other than school hours. Sec. 6'. It shall be the duty of the commissioner of the bureau of labor statistics to enforce the provisions of this act. But any person may lay an information before a magis- trate of the commission of any public offense defined in this act. Sec. 7. This act shall take effect sixty days after its passage. ACT IGIO. For the protection of children, and to prevent and punish certain wrongs to children. [Stats. 1877-8, p. 812.] Codified by amendments to both the Civil and Penal Codes, 1905. See notes to §" 607, Civil Code Supp., and § 272, Penal Code Supp. This act prevented minors under sixteen from entering saloons and prevented anyone from using children for purposes of beggary. It appears in full in the Appendix to the Penal Code, 1903, p. 617. ACT 161 r. Eelating to chilaren. [Stats. 1877-8, p. 813.] Codified by amendments to both the Civil and Penal Codes, 1905. See notes to § 607, Civil Code Supp., and § 272, Penal Code Supp. This act prevented the selling or apprenticing of children for immoral purposes. It appears in full in the Appendix to the Penal Code, 1903, p. 614. ACT leis. For the incorporation of societies for the prevention of cruelty to children. [Approved April 3, 1876. Stats. 1875-6, p. 830.] Codified by amendments of Civil Code, 1905. See note to § 607, Civil Code Supp. This act appears in full in the Appendix to the Penal Code, 1903, p. 612. 215 GENERAL LAWS. Acts 1622-1CG4 ACT 1G23. Orphan and abandoned children, care of. [Stats. 1873-4, p. 297.] Amended 1877-8, 82. Codified by amendments of Civil Code, 1905. See note to § 246, Civil Code Supp. This act provided for the publication of notices of children admitted, and inflicted a penalty for abandonment of children. INSANE. ACT 1643. To establish a state lunacy commission^ to provide a uni- form government and management of the state hospi- tals for the insane, and to provide for the care, cus- tody, and apprehension of persons believed to be insane, and the commitment of insane persons, and providing for the transfer of unexpended appropriations of moneys and properties. [Stats. 1897, p. 311.] Amended 1899, 160; § 19 repealed 1900, 22. Codified by amendment of Civil Code, 1905. See note to § 258, Civil Code Supp. Probably superseded by §§ 2136-2199, Political Code, a!> adopted in 1903, establishing a state commission in lunacy, etc. Supp. Cal. Eep. Cit. 138, 491. INSOLVENCY. ACT 1G54. For the relief of insolvent debtors, for the protection of creditors, and for the punishment of fraudulent debt- ors. [Stats. 1895, p. 131.] Amended 1897, 35. Superseded by the federal law on the sub- ject. Supp. Cal. Eep. Cit. 138, 742, INSUEANCE. ACT 1664. Eelating to life, health, accident, and annuity or endow- ment insurance on the assessment plan, and the con- duct of business of such insurance. [Stats. 1891 p. 126.] ' Codified by amendments of Civil Code, 1903. See note to § 453d, Civil Code Supp. This act appears in Civil Code, 1903, Appendix, p. 724. Supp. Cal. Eep. Cit. 138, 679; 138, 680; 138^ 681. ki Act 1673 SUPPLEMENT. 216 INTEREST. ACT 1673. An act fixing the rates of interest and charges on loans upon chattel mortgages on certain personal property, and prescribing penalties for the violation of the act. [Approved March 20, 1905. Stats. 1905, p. 422.] Section 1. It shall not be lawful for any individual, partnership, association or corporation lending money upon chattel mortgages, where there is taken for such loan any security upon any upholstery, furniture or household goods, oil paintings, pictures or works of art, pianos, organs or sewing-machines, iron or steel safes, professional libraries or office furniture or fixtures, instruments of surveyors, physi- cians or dentists, printing presses or printing material, to have or charge for the use of money so loaned more than the rate of one and one half per cent per month interest thereon, and that no additional sum, either in the way of bonus or otherwise, shall be required or exacted of the borrower or borrowers; and 'further, that no charge for examination or valuation of property oifered, insurance of same, and prepa- ration, execution and recording of necessary papers shall be imposed, except as follows: For examination or valua- tion of property offered for mortgage and preparation of papers (both included), no greater sum than five ($5.00) dollars where the amount lo ned does not exceed three hun- dred ($500.00) dollars. For necessary affidavits, recording of papers, and fire insurance premiums, the amounts actu- ally to be paid for same, pmvided that the foregoing charges may be deducted from the principal of the loan when the same is made; aiid provided further, that in no case shall it be lawful to deduct interest in advance, nor make any charge for extensions of loans, nor to divide or split up loans under any pretense whatsoever for the purpose of requiring or exacting any other or greater charges than prescribed herein. Sec. 2. Any individual and any officer of any associa- tion or corporation, who shall violate any of the provisions of this act, shall be guilty of a misdemeanor, and shall be fined $100.00 for the first offense, and a like fine and im- prisonment in the county .iail for thirty days for the second and each subsequent offense; (uid further, the mortgage or other instrument of security given for any loan shall be- come null and void as to the interest to be paid thereunder. 2rr GENERAL LAWS. Acts 1G791692 INTEKPEETEES. ACT 1G7». In relation to interpreters before grand jury. [Stats. . 1871-2, p. 540.] Codified by amendment of Penal Code, 1905. See note to § 925, Penal Code Supp. This act appears in full in the Appendix to the Penal Code, 1903, p. 619. INTOXICATING LIQUOES. ACT ICSS. To prevent the sale of intoxicating liquors to minor chil- dren. [Stats. 1891, p. 91.] This act appears in the Penal Code, 1903, Appendix, p. 619. Probably superseded by Penal Code, § 397b, adopted 1905. ACT 1G89. To prevent the selling, giving, or delivering intoxicating liquors to minor children, and to prevent minor chil- dren visiting saloons or public houses v^here intoxicat- ing liquors are sold. [Stats. 1903, p. 319.] Codified by amendment of Penal Code, 1905. See note to § 397b, Penal Code Supp. This act appears in full in Penal Code, 1903, Appendix, p. 620. ACT 1690. To prevent the sale of intoxicating beverages on election day. [Stats. 1873-4, p. 297.] Codified by amendment of Penal Code, 1905. See note to § 563b, Penal Code Supp. This act appears in full in Penal Code, 1903, Appendix, p. 622. ACT 1091. To prohibit the sale of intoxicating liquors in the state capitol building. [Stats. ISSO, p. 80.] Codified by amendment of Penal Code, 1905. See note to § 172, Penal Code Supp. This act appears in full in Penal Code, 1903, Appendix, p. 623. j ACT IGftS, To prevent the sale of intoxicating liquors in the imme- diatc vicinity of soldiers' home. [Stats. 1895, p. 161.] I Codified by amendment of Penal Code, 1905. See note to S 172, Penal Code Supp. See, al.so, post, Act 1693. This act appears in full in Penal Code, 1903, Appendix, p. 622. General Laws — 19 Acts 16931717 SUPPLEMENT. 218 ACT 1G93. An act to prohibit the sale of intoxicating liquors within a certain distance of the Veterans' Home located at Yountville, Napa county. [Approved March 18, 1905. Stats.* 1905, p. 126.] Section 1. It shall not be lawful for any person to keep any saloon or bar, or sell or offer for sale any spirituous, vinous or malt liquors, within one mile and a half of the exterior limits of the land on which is located the Veterans' Home at Yountville, Napa county, State of California; and any person violating the provisions of this statute shall be guilty of a misdemeanor, and for each offense shall be pun- ished by imprisonment in the county jail for not exceeding six months, or by fine not less than $50 nor more than $500; and in the case of the non-payment of such fine such person may be imprisoned in the county jail at the rate of one day for each two dollars of said fine remaining unpaid. Sec. 2. This act shall take effect October first, 1903. ACT 1G94. An act to prohibit the sale of intoxicating liquors within a certain distance of the Mendocino State Hospital for the Insane. [Approved February 24, 1905. Stats. 1905, p. 20.] Section 1. It shall not be lawful for any person to keep any saloon or bar, or sell or offer for sale any spirituous, vinous or malt liquors, within one mile of the asylum build- ing of the Mendocino State Hospital for the Insane near Ukiah, in the county of Mendocino, State of California; and any person violating the provisions of this statute shall be guilty of a misdemeanor, and for each offense shall be pun- ished by imprisonment in the county jail for not exceeding six months, or by fine not less than $50 nor more than $500; and in case of the non-payment of such fine such person may be imprisoned in the county jail at the rate of one day for each two dollars of said fine remaining un- paid. IRRIGATION, ACT 1717. To provide for the organization and government of irriga- tion districts, and to provide for the acquisition of water and other property, and for the distribution of water for irrigation purposes. [Stats. 1887, p. 29.] 219 GENERAL LAWS. Acts 1720-17C4 Amended 1889, 15; 1891, 142, 147, 244; 1893, 175, 516; 1897, 241; 1899, 2. Supplemented 1889, 18, 21, 212; 1893, 276, 520; 1895, 127, 174; 1897, 254, 394. Repealed 1897, 254. Supp. Cal. Eep. Cit. 140, 345; 140, 346; 140, 541; 140, 542; 140, 543; 142, 604; 142, 605; 142, 606; 142, 607; 144, 332; 144, 833; 144, 334; 144, 335; 144, 727; 144, 731; 144, 736; 144, 737. ACT 1730. Supplemental to an act entitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes," approved March 7, 1887, and to provide for the examination, approval, and confirmation of proceedings for the issue and sale of bonds issued under the provisions of said act. [Approved March 16, 1889. Stats. 1889, p. 212.] Repealed by act of 1897, 254, so far as inconsistent therewith. See §§ 63-73, act of 1897. Supp. Cal. Eep. Cit. 140, 486; 142, 605; 142, 606. ACT 1726. An act to provide for the organization and government of irrigation districts, and to provide for the acquisition or construction thereby of works for the Irrigation of the lands embraced within such districts, and, also, to provide for the distribution of water for irrigation pur- poses. [Approved March 31, 1897. Stats. 1897, p. 254.] Amended 1901, 815; 1905, 2'i. § 78 amended 1905, p. 27. This act, with the exception of the amendment of 1905, appears in full in General Laws, 1903, p. 500. JUTE GOODS. ACT 1704. Fixing the price and conditions of sale at which jute goods shall be sold by the state. [Stats. 1893, p. 54.] Amended 1905, 532. Act 17C9 SUPPLEMENT. 220 JUVENILE COURT. ACT 17G0. An act to amend an act entitled, "An act defininor and providing for the control, protection and treatment of dependent and delinquent children; prescribing the powers and duties of courts with respect thereto; pro- viding for the appointment of probation officers, and prescribing their duties and powers; providing for the separation of children from adults when confined in jails or other institutions; providing for the appointment of fcoards to investigate the qualifications of organizations receiving children under this act, and prescribing the duties of such boards; and providing when proceedings under this act shall be admissible in evidence." Ap- proved February 26, 1903. [Approved March 22, 1905. Stats. 1905, p. 306.] Section 1. The title of said act is amended so as to read as follows: "An act defining and providing for the con- trol, protection and treatment of dependent and delinquent children; defining such children; prescribing the powers and duties of courts in respect thereto; providing for the crea- tion and appointment of probation officers, and prescrib- ing their duties, powers, terms of office and compensation; providing for the commitment and confinement of such children; providing for the creation and appointment of boards, to be known as probation committees; to investi- gate the qualifications of organizations receiving children under this act; and prescribing the powers and duties of such boards, with respect to probation officers and other- wise, and prescribing the terms of office of the members of such boards; providing for the powers of courts and .judges with respect to the appointment of probation officers and removal of same, and with respect to probation committees and members thereof; and providing when proceedings un- der this act shall be admissible in evidence." Sec. 2, Section 1 of said act is hereby amended so as to read as follows: Section 1. This act shall apply only to children under the age of sixteen years not now or hereafter inmates of a state institution. For the purposes of this act the words "dependent child" shall mean any child under the age of sixteen years who is found begging, or receiving or gath- ering alms (whether actually begging or under the pretext 221 GENERAL LAWS. Act 1769 of selling or offering for sale anj'thing), or being in any street, road, or public place for the purpose of so begging, gathering or^ receiving alms; or who is found wandering and not having any home or settled place of abode, or proper guardianship, or visible means of subsistence; or who is found destitute, or whose home, by reason of neglect, cruelty or depravity on the part of either of its parents or of its guardian, or other person in whose care it may be, is an unfit place for such child; or who frequents the eompanv of reputed criminals or prostitutes, or who is found living or being in any house of prostitution or as- signation, or who habitually visits, without parent or guar- dian, any saloon, or place where any spirituous liquors or wine, or intoxicating or malt liquors are sold, exchanged, or given away, or who is incorrigible, or who is a per- sistf^nt truant from school. The words "delinquent child" shall include any child under the age of sixteen years who violates any law of this state, or any ordinance of any town, city, county, or city and county of this state. Sec. 3. Section 2 of said act is hereby amended to read as follows: Section 2. In counties having more than one judge of a superior court, the judges of such court may from time to time designate one or more of their number whose duty it shall be to hear all cases coming under this act. In counties of the first class, such designation shall be made by the presiding judge. The orders and findings, if any, of the superior court, in all cases coming under the pro- visions of this act, shall be entered in a book to be kept for that purpose and known as the "Juvenile Eecord," and the court acting under this act shall be called the "Ju- venile Court." In justices' courts having more than one justice of the peace, and in police courts having more than one judge, the justices of the peace and the judges of the police courts, from time to time may designate one of their respective number whose duty it shall be to hear all cases coming under this act. All cases coming under the provi- sions of this act shall be heard at a special separate session of the court, and no matter other than cases under this act shall be on the calendar, or shall be heard at such -• ~?;ion, nor shall there be permitted to be present at such -;ion any person on trial, or awaiting trial, or under ac- . n^ation of crime, who does not come under the provisions of this act. 222 COUNTY GOVERNMENT. salaries of the county ofiacers are paid out of the general fund of the county, and which shall be in full for all ser- vices rendered by them in criminal cases, to wit: In townships of the first class, thirty dollars per month; in townships of the second class, thirty dollars per month; in townships of the third class, twenty dollars per month; in townships of the foui'th class, fifteen dollars per month; in townships of the fifth class, five dollars per month; in townships of the sixth class, such fees as are now or may hereafter be allowed by law; provided, that in addition to the salary herein allowed, each constable shall be paid out of the treasury of the county for traveling expenses outside of his own township, for the service of a w^arrant of arrest or any other pi'ocess in a criminal case (where such service is in fact made) both going and returning ten cents per mile; for each mile traveled out of his county, both going to and returning from the place of arrest or other service of process, five cents per mile; for trans- porting prisoners to the county jail a constable shall be allowed his actual expenses each way. In addition to the monthly salary allov/ed him herein, each constable shall re- ceive for his own use, in civil cases, the fees which are now or may hereafter be allowed by law. The compensations herein provided for justices of the peace and constables shall take effect and be in force on and after the first Monday in April, nineteen hundred and three. 16. The official reporter of the superior court shall re- ceive the fees allowed by law. 17. The compensation allowed each officer above enum- erated shall be in full for all services, and shall include the pay of all deputies, (except in the case of the district attorney wherein one deputy is provided for within the dis- cretion of the board of supervisors) and copyists that may be needed in their respective offices whenever the same are allowed in any way except as provided in section two hundred and fifteen of the County Government Act, ap- proved eighteen hundred and ninety-seven, wherein it pro- vides certain fees and commissions for the assessor and license collector. [Amendment approved March 19, 1903; Stats. 1903, 227. In effect immediately.] Sec. 171. In counties of the fourteenth class the county officers shall receive, as compensation for the services COUNTY GOVEKMMENT. 223 required of them by law, or by virtue of tlieir offices, the following salaries, to wit: 1. The county clerk, tv/o thousand four hundred dollars per annum. 2. The sheriff, three thousand five hundred dollars per annum. 3. The recorder, eighteen hundred dollars per annum. 4. The auditor, two thousand two hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector and license collector, two thousand two hundred dollars per annum. 7. The assessor, two thousand four hundred dollars per annum. 8. The district attorney, eighteen hundred dollars per annum. 9. The coroner,- such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eighteen hundred dol- lars per annum, and actual traveling expenses when vis- iting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Each member of the board of supervisors, five hun- dred dollars per annum, and ten cents per mile mileage in traveling to and from his residence to the county seat, and for his services as road commissioner he shall receive twenty cents per mile for all distances actually traveled by him in the performance of his duties; provided, he shall not in any one year receive more than six hundred dollars as such road commissioner. 15. In counties of this class the official reporter of the superior court shall receive, as full compensation for tak- ing notes in civil and criminal cases tried in said court, and for preliminary examination in justices' courts, a monthly salary of sixty dollars, payable out .of the county treasury at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten Act 1769 SUPPLEMENT. ^ 224 Section 7. TTie members of such probation committees shall hold office for four years, and until their successors are appointed, provided, that of those first appointed, one shall hold office for one year, two for two years, two for three years, and two for four years, the terms for which the respective members first appointed shall hold office to be determined by lot as soon after their appointment as may be. When any vacancy occurs in any probation com- mittee by expiration of the term of office of any member thereof, the successor shall be appointed to hold for the term of four years; when any vacancy occurs for any other reason, the appointee shall hold for the unexpired term of his predecessor. Sec. 9. Section 8 of said act is hereby amended to read as follows: Section 8. The members of the probation com.mittee shall serve without compensation. Sec. 10. Section 9 of said act is hereby amended to read as follows: Section 9. The superior court or any judge thereof may at any time require said probation committee or a proba- tion officer to examine into the qualifications and manage- ment of any society, association or corporation, other than a state institution, applying to receive any child or children under this act, and to report to the court, provided that nothing in this section shall be construed as giving any probation committee or probation officer any power to enter any institution without the consent of such institution. It shall be the duty of each probation committee prior to December first in each year to prepare a report in writing on the qualifications and management of all societies, as- sociations and corporations, except state institutions, ap- plying for or receiving any child under this act from the courts of their respective counties, and in said report said committee may make such suggestions or comments as to them may seem fit; said report to be filed in the office of the clerk of the court appointing such committee, for the information of the judges thereof. Sec. 11. Section 10 of said act is hereby amended to read as follows: Section 10. In counties of the first class there shall be one probation officer and not more than five deputy proba- tion, officers; in counties of the second class, one probation 225 GENERAL LAWS. Act 1769' oflicer and not more than one deputy probation officer; in all other counties there shall be one probation officer. In any county or city and county additional deputy pro- bation officers may be appointed and their appointment ap- proved or disapproved as hereinafter provided, from time to time when in the opinion of the court it may be neces- sary, provided that they serve without salary. Sec. 12. Section 11 of said act is hereby amended to read as follows: Section 11. The salaries of the probation officers and deputy probation officers (except as herein otherwise pro- vided) shall bp as follows, and shall be paid out of the county treasury of the county for which they are appointed, after being allowed and audited in the same manner as the salaries of other county officers: In counties of the second class the probation officer shall receive $125 per month, and the deputy probation officer seventy-five dollars per month. In all other counties, the probation officer and the deputy probation officers shall serve without compensation, provided^ however^ that the pro- bation officer and deputy probation officers in all the coun- ties of the state shall be allowed such necessary incidental expenses as may be authorized by a judge of the superior court; and the same shall be a charge upon the county in which the court appointing them has jurisdiction, and the said expenses shall be paid out of the county treasury upon a warrant therefor issued by the said court. Sec. 13. Section 12 of said act is hereby amended to read as follows: Section 12. The offices of probation officer and deputy probation officer are hereby created. The appointments of probation officers and deputy probation officers to serve hereunder in any county or city and county shall be made by the probation committee of said county or city and county from discreet citizens of good moral character. The appointments by each probation committee shall be made in writing, signed by a majority of the members of such committee, and filed with the county clerk of such county, and shall be subject to and shall take effect upon approval by the judge of the superior court appointing such com- mittee, or by a majority of the judges thereof if there be more than one; such approval to be by order entered in the minutes of said court. The term of office of probation of- ficers and of deputy probation officers shall be two years Act 1769 SUPPLEMENT. 226 from the date of the said approval of their several ap- pointments, such probation officers and deputy probation officers may at any time be removed by the judge approv- ing their appointment in his discretion. Sec. 14. Section 13 of said act is hereby amended to read as follows: Section 13. It shall be the duty of the clerk of any court before which a child is brought under the provisions of this act, or if there be no clerk, then it shall be the duty of the judge or justice of said court, before the hear- ing of said matter, to notify the probation officer of the county thereof; except in cases where the child is brought before the court by a society, association or corporation which embraces within its objects the care of dependent or delinquent children and which has in the last report thereon by the probation committee of such county been favorably passed upon. Sec. 15. A new section is hereby added to said act to be designated section 14, and to read as follows: Section 14. The probation officer or deputy probation of- ficer detailed by him for that purpose, shall inquire into the child's antecedents, character, history, family environ- ment and cause of delinquency or dependency, and shall make his report in writing to the judge or justice in the case of every child to be dealt with under the provisions of this act as a dependent or delinquent child; but only when the judge so specially orders it in the case of a de- pendent child who is already in the charge of a society, association or corporation which embraces within its ob- jects the care of dependent children and which has in the last report thereon by the probation committee of such county been favorably passed upon. In the event that such a society, association or corporation shall be so in charge, it shall through its agent or superintendent make such report to the judge in place of the probation officer. It shall be the duty of said probation officer or said deputy probation officer or said agent or superintendent of such society, association or corporation to be present in court in order to represent the interests 'of the child when the case is heard, and to furnish to the court such informa- tion and assistance as it may require and to make the snid report at such time; and to take such charge of the child before and after the hearing as may be ordered. 227 GENERAL LAWS. Act 1709 The probation officer and each deputy probation officer shall have as to any child committed to the care of such probation officer, the powers of a police officer. At any time in his discretion such officer or deputy may bring such child before the court committing such child to his care, for such further or other action as the court may see fit. Any of the duties of the probation officer may be per- formed by a deputy probation officer, and shall be per- formed by him whenever detailed to perform the same by the probation officer; and it shall be the duty of the pro- bation officer to see that the deputy probation officer per- forms his duties. Sec. 16. A new section is hereby added to said act, to be designated as section 15, and to read as follows: Section 15. If any child is arrested and taken before a justice of the peace or police judge, then at any time be- fore the child is found delinquent and a commitment there- under issues, it may be detained imder order of the court in any detention home provided for that purpose by any county or city and county; or it may be otherwise pro- vided for as the court sees fit in any manner provided here- in for the care oi a child after the finding of its delin- quency. If, after a heai-ing, any child shall be found to be delinquent by such court, the justice of the peace or police judge may continue the further hearing from time to time, and may, at any time commit the child to the care and custody of a probation officer and may allow such to remain in the home of such child, subject to the visitation of a probation officer, and such child shall report to the probation officer as often as may be required and be sub- ject to be returned to the court for further proceedings whenever such action may appear to be necessary or de- sirable. If the justice of the peace or police judge at any time deems it necessary or to the best interests of the child that he should be committed to a state reform school or to the care or custody of some association, society or cor- poration embracing in its objects the care of neglected, de- pendent, or delinquent children, or should be placed in a suitable family home, or that a guardian should be ap- pointed for such child, the justice of the peace or police judge shall certify the case with a transcript of the docket or other record to the clerk of the superior court of the county or city and county in which the justices' court or Act 1769 SUPPLEMENT. 228 police court is held, and the officer having the child in charge shall take the child before the superior court, and thereupon the superior court may proceed to hear and dis- pose of the ease in the same manner as if the child had teen brought before the court on petition as herein pro- vided for dependent children. In such case the court shall require notice to be given and investigation to be made as in other cases under this act, and may adjourn the hear- ing from time to time for that purpose. Sec. 17. A new section is hereby added to said act, to be designated as section 16, and to read as follows: Section 16. In the case of a child alleged to be delin- quent, within the meaning of this act, and brought before the superior court at any time before the child is found delinquent and a commitment thereunder issues, it may be detained under order of the court in any detention home provided for that purpose by any county or city and county; or it may be otherwise provided for as the court sees fit in any manner provided herein for the care of a child after the finding of its delinquency. If the court find the child to be delinquent, said court may continue the hearing from time to time, and may at any time commit the child to the care or custody of the probation officer, and may allow such child to remain in the home of such child, subject to the visitation of a probation officer, and Buch child shall report to the probation officer as often as may be required, and be subject to be returned to the court for further proceedings whenever such action may appear necessary or desirable, or the court may commit the child to the care or custody of the probation officer, to be placed in a suitable family home, subject to the supervision of such probation officer and the further order of the court, or it may authorize the probation officer to board out the child in some suitable family home in case provision is made by voluntary contribution, or otherwise, for the pay- ment of the board of such child, until a suitable provision may be made for the child in a home without such pay- ment; or the court may commit the child for such time during its minority, as the court may deem fit, to the care and custody of some association, society or corporation that will receive it, embracing within its objects the care of dependent or delinquent children; or the court may commit such child to a state reform school, as is now, or may 229 GENERAL LAWS. Act 1769 hereafter be provicletl by law in accordance with the pro- cedure provided by law for such commitment. Provided, further^ that should the legislative body of the county, or city and county, or of a municipality, provide a suitable place for the detention of said dependent and delinquent children, which they are hereby authorized to do, such children may be committed thereto after the adjudication of dependency or delinquency for a definite period to be specified in such order. The court may thereafter set aside, change or modify such order, and may provide for a fur- ther detention in said place. Any order providing for the custody of a dependent or delinquent child may provide that the expense of maintenance of said child shall be paid by the parent or parents, or guardian, of said child, and in such case shall determine the amount so to be paid, and shall determine whether or not the parent or parents shall exercise any control over said child and the extent thereof, and any disobedience of such order or interference with the custody of the child as therein determined by a parent or guardian having notice of the proceedings or of the order Bhall constitute a contempt of court. The court may there- after set aside, change or modify any order herein pro- vided for. Sec. 18. A new section is hereby added to said act, to be designated as section 17, and to read as follows: Section 17. No court or magistrate shall commit a child under twelve years of age to jail, prison or police station, but if such child is unable to give bail, it may be com- mitted to the care of the sheriff, police officer, constable or probation officer, who shall keep such child in some suitable place provided by the city, county, or city and county, out- side of the enclosure of any jail or police station. When any child shall be sentenced to confinement in any institu- tion to which adult convicts or prisoners are sentenced or where adults are confined, it shall be unlawful to confine such child in the same room or yard or enclosure with such adult convicts or prisoners, or to permit such child to come or remain within sight of or meet or come into or remain in the presence of any such adult convicts or prisoners. Sec. 19. A new section is hereby added to said act, to be designated as section 18, and to read as follows: Section 18. Nothing in this act shall be construed to repeal anv portion of the act entitled "An act to establish General Laws— 20 Act 1S27 SUPPLEMENT. 230 a state reform school for juvenile offenders, and to make an appropriation therefor," approved March 11. 1889, oi any of the amendments thereto, or the act entitled "An act to establish the California Home for the Care and Train- ing of Feeble-Minded Children, and provide for the main- tenance of the same," approved March 18, 1885, or any of the amendments thereto, or the act entitled "An act to establish a school of industry, and provide for the mainte- nance and management of the same and to make an appro- priation therefor," approved March 11, 1889, or any of the amendments thereto; and in all commitments to said insti- tutions, the acts in reference to said institutions shall govern the same. Sec. 20. A new section is hereby adde 1 to said act, to be designated as section 19, and to read as follows: Section 19. No record of or testimony concerning any proceedings against any child under this act shall be ad- missible as evidence against such child in any other court or proceeding, except in proceedings under this act, and except in guardianship or adoption proceedings relating to said child. Sec. 21. A new section is hereby added to this act, to be designated as section 20, and to read as follows: Section 20. This act shall be liberally construed, to the end that its purpose may be carried out, to wit — that the care, custody and discipline of a child shall approximate as nearly as may be that which should be given by its parents, and in all cases where it can be properly done, the child be placed in an approved family, with people of the same religious belief and become a member of the family by legal adoption, or otherwise. In this act, words used in any gen- der shall include all other genders, and the word "county" shall include "city and county." Sec. 22. A new section is hereby added to this act, to be designated as section 21, and to read as follows: Section. 21. All acts and parts of acts inconsistent with this act are hereby repealed, except as hereinabove pro- vided in section 19. LABOE BUREAU. ACT 1S27. An act directing the commissioner of the bureau of labor statistics to collect certain statistics, and present them 231 GENERAL LAWS. Acts 1858, 1859 in biennial reports, and making it the duty of certain officers to furnish such statistics in compliance with the provisions of this act. [Approved Mar^h 18, 1905. Stats. 1905, p. 109.] Section 1. The commissioner of the bureau of labor sta- tistics is hereby directed, in addition to his other duties, to collect and present in his biennial report to the legisla- ture, statistics relating to marriage, divorce, and crime. Sec. 2. It is hereby declared to be the duty of all officers of each respective county, city, or city and county, in addi- tion to their other duties, whose duty it is to keep a rec- ord of marriage, divorce, or crime, and they must furnish to the commissioner of the bureau of labor statistics, upon his request, whatever data it may be necessary for said commissioner to acquire in complying with the provisions of section one of this act. Sec. 3. This act shall take effect and be in force immedi- ately upon its passage and approval. LAKES. ACT ISoS. An act authorizing the United States government to lower the water levels of any or all of the following lakes: Lower or Little Klamath lake, Tule or Ehett lake, Goose lake, and Clear lake, situated in Siskiyou and Modoc counties, and to use any part or all of the beds of said lakes for the storage of water in connection with the irrigation and reclamation operations conducted by the Reclamation Service of the Unite 1 States; also ced- ing to the United States all right, title, interest or claim of the State of California to any lands uncovered by the lowering of the water levels of any or all of said lakes not already disposed of by the state. [Ap- proved February 3, 1905. Sfats. 1905, p. 4.] LAKE TAHOE. ACT 1859. An act to proA ide for the construction of permanent bridge work on the Lake Tahoe wagon road, a state highway, and making an appropriation therefor. [Approved March 22, 1905. Stats. 1905, p. 796.] Act 1913 SUPPLEMENT. 232 LEVEE DISTRICTS. ACT 1913. An act to provide for the formation of levee districts in the various counties of this State, and to provide for the erection of levees, dikes and other works for the pur- pose of protecting the lands within such districts from overflow and to levy assessments to erect and construct and maintain such levees, dikes and other works and to pay the necessary costs and expenses of maintain- ing said districts. [Approved March 20, 1905. Stats. 1905, p. S27.] Section 1. Whenever the board of supervisors of any county in this state shall receive a petition signed by a majority of the land owners within any portion of said county, accompanied by a deposit sufficient to cover the cost of publication of all notices required by the first two sections of this act, which said portion of said county shall be specifically described and set out by metes and bounds in said petition, asking that said portion of said county be set apart and erected into a levee district for the pur- pose of protecting the lands embraced in said portion of said county from overflow from any river, stream or streams, or water course, the board of supervisors shall pass a reso- lution signifying its intention to erect and set apart said portion of said coiinty into a levee district, for the pur- pose of protecting the lands therein from overflow and de- scribing the exterior boundaries of the district of lands embraced therein and to be assessed to pay the damages, costs and expenses thereof. Such resolution shall also con- tain a notice to be published, which said notice shall be headed "Notice of intention of the board of supervisors to form a levee district," and shall state the fact of the passage of such resolution, with the date thereof, the bound- aries of the district, aijd the statement that it is pro- posed to assess all properties embraced within such pro- posed levee district for the purpose of paying the damages, costs and expenses of erecting and repairing dikes, levees and other improvements to protect the said lands from over- flow, and the necessary expenses of maintaining the said district and refer to the resolution for further particulars. Such notice to be given by the board of supervisors and signed by its clerk. Sec. 2. Such notice shall be published for a period of 233 GENERAL LAWS. Act 1913 thirty days, in a newspaper published and circulated in said county and designated by said board of supervisors. Sec. 3. Any person interested, objecting- to the forma- tion of such levee district or to the extent of the district of lands to be affected or benefited by erection or repair of such dikes, levees or other improvements to protect the same from overflow, and to be assessed to pay the costs and expenses thereof, may make written objections to the same within ten days after the expiration of the time of the publication of said notice, which objection shall be de- livered to the clerk of said board of supervisors, who shall indorse thereon the date of its reception, by him, and at the next regular meeting of said board of supervisors, or at an adjourned meeting, or a special meeting called for that purpose, after the expiration of said ten days lay such objections before said board of supervisors, said board shall then fix a time for hearing of said objections not less than fifteen days thereafter, and direct its clerk to notify each person objecting of such day fixed for hearing, by deposit- ing a notice thereof in the postoffice at the county seat of such county, postage prepaid, addressed to such person ob- jecting, which said notice shall be deposited in the postoffice not less than ten days before the day set for hearing. Sec. 4. At the time specified or to which the hearing may be adjourned, the board of supervisors shall hear the objections urged and pass upon the same. Such board may, in its discretion, sustain, in whole or in part, any or all of the objections made and filed, and may change or alter the boundaries of such district to conform to the needs of the district, and may in its discretion declare such levee district formed as a subdivision of such county, and shall designate such district by name as the " Levee Dis- trict of — County." Sec. 5. If it shall appear to the satisfaction of the board of supervisors that it is the desire of a majority of the owners of land in such proposed district that the same should be erected into a levee district, and that it is just and proper, they may declare said territory a levee district for the above purposes, and record the same in a book to be kept for that purpose, giving the metes and bounds, and thereafter the board of supervisors shall be deemed to have acquired jurisdiction to purchase or receive by donation, in the name of the district, any real or personal property necessary to properly carry out the purposes of the forn.a- Act 1913 SUPPLEMENT. 234 tion of such district under the same rules as govern the purchase of property in the name of the county; and to do all things necessary for the formation of such district and the erection and repair of dikes, levees and other improve- ments to protect the lands within such district from over- flow. Sec. 6. The board of supervisors of such county shall also have power to condemn land for the purposes of erect- ing dikes, levees, and other improvements for the purpose of protecting the lands embraced in such district from over- flow, and for that purpose all of the provisions of part three, title seven, of the Code of Civil Procedure are hereby made applicable to the exercise of the right of eminent domain for such purposes or for any purpose necessary to the needs of such district when formed. If such district is created all expenses incurred in the formation of the same shall be a charge against such district and shall be paid as other claims against such district. Sec. 7. Having acquired jurisdiction as provided in the foregoing sections of this act, the board of supervisors shall immediately appoint three commissioners one of whom shall be an engineer, which said commissioners before entering upon the discharge of their duties shall take an oath to faithfully discharge the same, and said commissioners shall proceed to cause a survey of the contemplated improvements in the way of the erection or repair of levees, dikes, and other works for the benefit of the said district, and shall assess all damages which may be done to any land, owner or persons, by reason of the taking of land, property, or otherwise for the erection, or repair of such levees, dikes, or other works, and shall ascertain the names of all per- sons who waive, or claim, damages for the same. And in the event that said commissioners shall find it necessary tQ use any levee, or work of protection, which has hereto- fore been constructed by private enterprise, the said com- missioners shall cause the said levee, or other work of pro- tection, to be measured, or appraised and a value placed thereon, and shall ascertain the name of the owner, or owners, of the said levee, or work of protection, and shall assess the same as damages to the owner, or owners. And the said commissioners shall estimate the total cost for all purposes of erecting, constructing or repairing said levees, dikes or other works, and maintaining the same for one year, including all damages awarded and shall there- 235 GENERAL LAWS. Act 1913 upon make a report of the foregoing matters to the board of supervisors. The board of supervisors at the next regu- lar meeting after filing of the report of said commissioners, or at the time when the report was filed (if then in session), must fix a day for hearing the same; and must give notice of the time and place of such hearing by publication, at least once each week for at least two successive weeks, before such hearing, in a newspaper published and circu- lated in the county, to be designated by the board. Said notice shall intelligently describe the proposed route or line upon which said levees, dikes, and other works are to be erected, and the names of the owner of lauds, or other property, through which the same runs, if known, and if not known, that fact must be stated. The board must, on the day fixed for the hearing, or to which it may be post- poned or continued, hear the evidence offered by parties interested for or against the proposed works, and the dam- ages assessed for the same loy said commissioners, and must ascertain, and by order declare the amount of damage awarded each owner where such damages are claimed, and declare the report of said commissioners to be adopted or rejected in whole, or in part. Said report so adopted show- ing the estimated damages, costs and expenses for the erec- tion or repair, of such dikes, levees, and other works, and the maintaining of the same for one year, shall be the basis for the assessment of the lands within the boundaries of said district for such year, and thereupon such commis- sioners shall be discharged. And the said board of super- visors shall from year to year thereafter, as may be neces- sary, appoint three commissioners as herein before pro- vided, whose duties shall be the same as herein before set out, and who shall report to the board of supervisors the necessary costs and expenses for the erection or repair, of dikes, levees, and other works, and the cost of maintain- ing the same for that year, to the board of supervisors, and said report shall be acted upon and adopted by said board in the same manner as herein before set out, and the adoption of such report shall in each instance form the basis of the estimate of the board of supervisors of the amount of money required to be raised by assessment of said lands within such district for such year. Sec. 8. The commissioners mentioned in this act, other than the engineer, shall receive for their services the sum of $5.00 per day while actually employed, and such engi- Act 1913 SUPPLEMENT. 236 neer shall receive such compensation as may be agreed upon between said engineer and the board of supervisors, and the compensation of such commissioners, and all expenses incurred by them shall be considered as an expense of the work of improvements of said district, and shall be charge- able and payable as other expenses of such district are paid. Sec. 9. The county assessor of such county shall on or before the first day of September of each year after the formation of such district, and at such other times as the board of supervisors shall require, furnish said board of supervisors with a detailed statement showing the names of all owners of land within the boundaries of said district, and the assessed valuation of said land and improvements there- on, as shown on the last preceding assessment made by such assessor on the lands within such district. The word land shall be held to include all railroad beds within the district. Sec. 10. At the time when by law it is the duty of the board of supervisors of such county to fix the annual tax rate for such county, the said board of supervisors, taking as a basis the last previous report of the commissioners as herein before specified and adopted by them, for the amount of moneys necessary to be raised in said district for the purposes thereof for that year, and the valuation of the lands and improvements thereon within such district as furnished them by the county assessor, must levy a tax upon all taxable property in such levee district sufficient to raise the amount set forth in the report as made by said commissioners and adopted by said board of supervisors. The rate of taxation, shall be ascertained by deducting fifteen per cent for antici- pated delinquencies from the aggregate value of the lands and improvements thereon in said district, as shown by the statement prepared and furnished to the said board of super- visors by the assessor as herein before provided, and then dividing the sum necessary to be raised in said levee district by the remainder of such aggregate assessed value as shown in said statement as furnished by said assessor. The taxes 80 levied shall be computed and entered on the assessment roll by the county auditor, and collected at the same time and in the same manner as state and county taxes; and when collected shall be paid into the county treasury for the use of the said levee district in which said taxes was levied. And all taxes so levied as herein before provided shall be a lien upon the lands and properties in sail district in the 237 GENERAL LAWS. Act 1913 manner and with the same effect, and collected in the same way as are state and county taxes. Sec. 11. All moneys collected from such district for such taxes, and all moneys received from any source for the ben- efit of such district shall be by the county treasurer placed in a fund to be called the "— levee district fund"; and all payments of any of the expense of the work of im- provements or other expenses of such district shall be made upon warrants drawn by the county auditor upon said fund, and paid by said treasurer, and all claims as well for the land and improvements taken or damages, as for the charges and expenses, shall be paid as are other claims against the county and upon order of the board of supervisors, and the claims shall be itemized in the same manner as are other claims against the county. Sec. 12. The board of supervisors of such county shall have the same supervision and the same control, and exer- cise the same authority, over the affairs and property of such district as are given to the said board of supervisors by law over the property and affairs of the county. No levees, dikes, or other works must be constructed or repaired except on the order of the board of supervisors, and when such repair or construction will exceed the sum of $500.00 the same must be repaired or constructed under a contract let after reasonable notice given by the said board of super- visors, by publishing said notice at least once a week for two weeks in a newspaper published and circulated in said county, and designated by said board. All bids shall be sealed; and shall be opened at the time specified in the notice, and the contract awarded to the lowest responsible bidder. The board may, however, reject any and all bids. The contract and bond for its performance must be entered into and approved by the board of supervisors; except, however, in cases of great emergency, by the unanimous consent of the whole board they may proceed at once to replace or repair any and all levees, dikes, or other works of whatever nature, witliout notice. Prior to the publication of the notice of the letting of any contract for the erection or repair of dikes, levees or other works the board of supervisors must cause to be prepared by a competent engineer, plans, specifications, and working details of such work, which said plans and specifications shall be adopted by the board of supervisors and filed in the office of the clerk of said board, and shall be subject to inspection by any person for at least Act 1913 SUPPLEMENT, 238 two weeks prior to the date of the letting of such contract. The board of supervisors must appoint an engineer to super- intend the construction, repair or other work to be done under such plans and specifications and no claims shall be allowed for any work done under any contract let under such plans and specifications without a certificate being first filed in the office of the clerk of the board of supervisors signed by said engineer certifying that such work has been com- pleted and constructed according to such plans and specifica- tions, and the terms of the contract; such engineer shall be paid such compensation as may be agreed upon by said board of supervisors and such compensation shall be paid in the same manner as other claims against said district. Sec. 13. The board of supervisors shall have power to appoint a superintendent for said district whenever said board of supervisors shall deem such superintendent neces- sary, to supervise, care for and make necessary repairs of all levees, dikes, and other works of said district under the supervision and direction of said board. The compensation of such superintendent shall not exceed the sum of $50.00 per month and he shall hold his position subject to the will of said board. Provided, that whenever the said board of supervisors shall deem it necessary the said board shall have power to employ a competent engineer and an attorney or attorneys at such compensation as may be agreed upon, to perform any and all necessary engineering, and legal work for said district. The compensation of such engineer, at- torney or attorneys and such superintendent shall be paid the same as other claims against the said district. Sec. 14. Whenever said board of supervisors shall con- sider that the construction or repair of dikes, levees, or other works of said district along or upon any of the county roads of such county, will be for the mutual benefit of such district and such county, then, in that event, the said board of supervisors shall have power, and may contribute to the expense and cost of such work, such sums of money as they may deem proper on behalf of the county, and such moneys shall be paid out of either the general road fund or the special fund of any road district or in which said work is done, and as a majority of said board of supervisors may determine. Sec. 15. If at any time in the opinion of the board of supervisors the expenditure of nioncA' is absolutely necessary to the welfare of such levee district, and there is no money 239 GENERAL LAWS. Acts 19481951 in the fund of such district to make such necessary expen- ditures, or the money in such funds is insufficient to make such necessary expenditure, then the board of supervisors may advance such money out of the general fund of the county for such purpose, and as soon as there is sufficient money in the fund of such levee district to pay the amount so advanced, the board of supervisors shall direct the county treasurer to transfer to the general fund of the county from the fund of said levee district a sum sufficient to re- pay the amount so advanced. Sec. 16. This act is not intended to supersede or repeal any other act for the construction or maintenance of ditches, levees, dikes, or works of protection, or for drainage or for reclamation purposes, but is intended as an independent and alternative means of constructing and erecting such ditches, levees, dikes, or other works of protection where most ap- plicable or desirable to the parties interested. LIENS. ACT 1948. Creating a lien in favor of owners of stallions, jacks, and bulls, used for propagating purposes. [Stats. 1891, p. 90.] Codified ty amendments of Civil Code, 1905. See note to § 3062, Civil Code Supp. This act appears in full in Civil Code, 1903, Appendix, p. 738. ACT 1949. To secure wages of persons employed as laborers on thresh- ing machines. [Stats. 1885, p. 109.] Codified by amendments of Civil Code, 1905. See note to § 3061, Civil Code Supp. This act appears in full in Civil Code, 1903, Appendix, p. 743. Supp. Cal. Kep. Cit. 141, 94. ACT 1951. Giving a lien to loggers and laborers employed in logging camps upon the logs cut and hauled. [Stats. 1877-8, p. 747.] Amended 1880, 38; 1887, 53. Partly codified by amendmeixt of Civil Code, 1905. See note to § 3065, Civil Code Supp. This act appears in full in Civil Code, 1903, Appendix, p. 740. Acts 1966-2049 SUPPLEMENT. 240 LODGING-HOUSES. ACT 10«G. Eelating to lodging-houses and sleeping apartments. [Stats. 1875-6, p. 759.] Codified by amendment of Penal Code, 1905. See note to § 401a, Penal Code Supp. This act appears in full in Civil Code, 1903, Appendix, p. 743, and Penal Code, 1303, Appendix, p. 632. This act is known as the cubic air law. LOS AXGELES CITY. ACT 1975. Charter of Los Angeles. [Stats. 1889, p. 455.] Amended, 1903, 555; 1905, 980. Supp. Cal. Eep. Cit. 141, 206; 141, 507. LOS ANGELES COUNTY. ACT 2001. Highways in. [Stats. 1877-8, p. 6.] Repealed 1883, 5, c. X, § 2. Supp. Cal. Eep. Cit. 144, 344. ACT 2002. Kelative to highways in. [Stats. 1877-8, p. 716.] Repealed 1883, 5, c. X, § 2. This was a general law and repealed all prior laws. Supp. Cal. Eep. Cit. 144, 344. ACT 2014. An act to provide three (3) additional judges of the superior court of the county of Los Angeles, State of Califor- nia, for the manner of their appointment, and for their compensation. [Approved February 15, 1905. Stats. 1905, p. 9.] LUMBEE MANUFACTUEEES. ACT 2049. Lumber manufacturers, protection of. [Stats. 1875-6, p. 32.] Codified by amendment of Penal Code, 1905. See note to § 593a, Penal Code Supp. This act prescribed a penalty for driving into logs, etc., any substance sufficiently hard to injure saws. It appears in full in the Penal Code, 1903, Appendix, p. 633. 211 GENERAL LAWS. Acts 2054-2216 MADERA COUNTY. ACT 2054. To create the county of Madera, to define the boundaries thereof, to determine the county seat, and to provide for its organization and election of officers, and to classify said county. [Approved March 11, 1893. Stats. 1893, p. 168.] Unconstitutional in part. (People v. Markham, 104 Cal. 232.) Supp. Cal. Rep. Cit. 142, 53; 142, 58. MARKS AND BRANDS. ACT 2100. To prevent fraud and imposition in the matter of stamp- ing and labeling produce and manufactured goods. [Stats. 1887, p. 17.] Codified by amendment of Penal Code, 1905. See note to § 349a, Penal Code Supp. This act appears in full in the Penal Code, 1903, p. 633. Con- sult, also. Act 2101, General Laws, 1903, p. 591. MARYSVILLE. ACT 2128. Reincorporating. [Stats. 1875-6, p. 149.] Amended, 1877-8, 593. Supp. Cal. Rep. Cit. 143, 560; 143, 561. MEDICINE. A.CT 21 G3. An act for the regulation of the practice of medicine and surgery in the state of California, and for the appoint- ment of a board of medical examiners in the matter of Lsaid regulation. [Became a law under constitutional provision without governor's approval, February 27,. 1901. Stats. 1901, p. 56.] This act appears in full in General Laws, 1903, p. 596. upp. Cal. Rep. Cit. 143, 413; 143, 419; 144, 177. MINES AND MINING. ACT 2(310. ' Prescribing the manner of locating mining claims upon the public domain of the United States, recording no- tices of location thereof, amending defective locationa^ General Laws — 21 Acts 2239-2298 SUPPLEMENT. 242 and providing for the deposit of district records with county recorders, and prescribing the effect to be giver* to recordation of notices of location and affidavits- [Approved March 27, 1897. Stats. 1897, p. 214.] Repealed 1899, 148; 1900, 9. Supp. Cal. Eep. Cit. 145, 14; 145, 17; 145, 18; 145, 19; 145, 22; 145, 24; 145, 26. MINING COEPOKATIONS. ACT 2339. An act for the better protection of stockholders in corpora- tions formed under the laws of the state of California for the purpose of carrying on and conducting the business of mining. [Stats. 1873-4, p. 866.] Amended 1880, 134; 1897, 38. Codified by amendments of Civil Code, 1905. See note to § 588, Civil Code Supp. This act appears in full in Civil Code, 1903, Appendix, p. 752. ACT 2240. Further protection of stockholders in mining corporations. [Stats. 1880, p. 131.] Amended 1897, 96. Repealed, 1905, 74. This act appears in full in Civil Code, 1903. Appendix, p. 7o2. It relates to the sale, lease or mortgage of mines. Supp. Cal. Kep. Cit. 144, 514; 144, 520. MONO COUNTY. ACT a203. Stallions running at large, act to prevent. [Stats. 1873-4, p. 228.] Codified by amendment of Penal Code, 1905. See note to § 697g, Peual Code Supp. MONTEEEY CITY. ACT 229S. An act to provide for the acquisition of the old mission at Sonoma, of Fort Eoss property, of the landing place at Monterey of Junipero Sera, and the old theater prop- erty at Monterey, and providing for the preservation, maintenance, protection and improvement of said prop- erties. [Approved February 21, 1905. Stats. 1905, p. 17.] Section 1. The Board of Sutter's Fort Trustees, created 243 GENERAL LAWS. Acts 2209, 2331 and existing under an act entitled "An act to provide for tlie appointment of a Board of Sutter's Fort Trustees, and the acquisition of the Sutter Fort property, and providing for an appropriation for the preservation, protection and improvement of said property, ' ' approved March 7, 1891, are hereby authorized to receive and accept from William Eandolph Hearst, trustee of the Landmarks Fund, without cost to the state, the possession and (.itle to the old mission at Sonoma and Fort Eoss in the county of Sonoma. Sec. 2. The said Board of Sutter's Fort Trustees shall provide for the preservation, maintenance, protection and improvement of the property hereinbefore described, in such way and manner as in their judgment may seem best and proper. Sec. 3. The Board of Monterey Custom House Trustees created and existing under an act entitled ' ' An act to pro- vide for the appointment of a Board of Monterey Custom House Trustees and for the acquisition and control of the Monterey custom house property, and providing for an ap- propriation for the preservation, protection and improve- ment of said property," approved March 16, 1901, are hereby authorized to receive and accept from William Ean- dolph Hearst, trustee of the Landmarks Fund, without cost to the state, possession and title to the landing place at Monterey of Junipero Sera, in the county of Monterey, and old theater property at Monterey, in the county of Monterey. Sec. 4. The said Board of Monterey Custom House Trus- tees shall provide for the preservation, maintenance, pro- tection and improvement of the property last before de- scribed, in such way and manner as in their judgment may seem best and proper. Sec. 5. This act shall take effect immediately. ACT 2309. To incorporate the eitv of Monterey. [Stats. 1853, p. 153.] Amended 1857, 55; 1862, 274; 1865, 834. Repealed 1889, 227. Supp. Cal. Eep. Cit. 139, 545; 139, 546; 139, 547; 139, 557; 139, 558. MOTOECYCLES. ACT 2331. An act to regulate the operation of motor vehicles on public highways, and making an appropriation for the purpose of carrying out the objects of this act. [Approved March 22, 1905. Stats. 1905, p. 816.] Act 2331 SUPPLEMENT. 244 Section 1. SiiT;(]ivision 1. The Tvords and phrases used in this act shall, for the purposes of this act, unless the same be contrary to or inconsistent with the context, be con- strued as follows: (1) "motor vehicle" shall include all vehicles propelled by any power other than muscular power, provided that nothing herein contained shall, except the pro- visions of subdivisions three, four and five of section three and subdivision one of section four of this act, apply to motor cj-cles, motor bicycles, traction engines or road roll- ers; (2) "public highways" shall include any highway, county road, state road, public street, avenue, alley, park, parkway, driveway or public place in any county, or incor- porated city and county, city or town; (3) "closely built up" shall mean (a) the territory of any county or incor- porated city and county, city or town contiguous to a pub- lic highway which is at that point built up with structures devoted to business, (6) the territory of any county or incorporated city and county, city or town contiguous to a public highway not devoted to business, where for not less than one quarter of a mile the dwelling-houses on such highway average less than one hundred feet apart, provided that the local authorities having charge of such highway shall have placed conspicuously thereon at both ends of such closely built up section signs of sufficient size to be easily readable by a person using the highway, bearing the words "Slow down to miles," inserting in the blank space the number of miles to which the speed is to be re- duced, and also an arrow pointing in the direction where the speed is to be reduced; (4) "local authorities" shall include all boards of supervisors, trustees or councils, com- mittees and other public officials of counties, or incorpo- rated cities and counties, cities or towns; (5) "chauffeur" shall mean any person operating a motor vehicle as me- chanic, employe or for hire. Sec. 2. Subdivision 1. Every person hereafter acquiring a motor vehicle shall, for every vehicle owned by him, file in the office of the secretary of state a statement of his name and address, with a brief description of the vehicle to be registered including the name of the maker, factory number, style of vehicle and motor power on a blank to be prepared and furnished by such secretary of state for that purpose; the filing fee shall be two dollars. Subdivision 2. The secretary of state shall thereupon file such statement in his office, register such motor vehicle in a 245 GENERAL LAWS. Act 2331 book or index to be kept for that purpose, and assign it a distinctive number. Subdivision 3. The secretary of state sliall forthwith on such registration, and without other fee, issue and deliver to the owner of such motor vehicle a seal of aluminum or other suitable metal, which shall be circular in form ap- proximately two inches in diameter, and have stamped thereon the words "Registered motor vehicle, No. , State of California," with the registration number inserted therein; which seal shall thereafter at all times be con- spicuously displayed on the motor vehicle, to which such number has been assigned. Subdivision 4. If the vehicle has been previously regis- tered, the certificate issued thereon shall be returned to the secretary of state and in lieu thereof such secretary shall issue to said owner a registration seal containing the num- ber of such previous registration upon payment of a fee of one dollar. Upon the sale of a motor vehicle, the vendor, except a manufacturer or dealer, shall within ten days, return to the secretary of state the registration seal affixed to such vehicle. Subdivision 5. Every motor vehicle shall also at all times have the number asigned to it displayed on the back of such vehicle in such manner as to be plainly visible, the num- bers to be in arable numerals, black on white blaekground, each not less than three inches in height, and each stroke to be of a width not less than half an inch, and also as a part of such number the abbreviated name of the state in black on white ground, such letters to be not less than one inch in height. Subdivision 6. A manufacturer of or a dealer in motor vehicles shall register one vehicle of each style or type manufactured or dealt in by him, and be entitled to as many duplicate registration seals for each type or style so manufactured or dealt in as he may desire on payment of an additional fee of fifty cents for each duplicate seal. If a registration seal and the corresponding number shall thereafter be affixed to and displayed on every vehicle of ■such type or style as in this section provided, while such vehicle is being operated on the public highways, it shall be deemed a sufficient compliance with subdivisions one, three, five and eight of this section, until such vehicle shall be sold or let for hire. Nothing in this subdivision shall be construed to apply to a motor vehicle em.ployed by a nranu- facturer or dealer for private use or for hire. Act 2331 SUPPLEMENT. 246 Subdivision 7. ISTo motor veliicle shall he used or operated upon the public highways after thirty days after this act takes effect which shall display thereon a registration seal or number belonging to any other vehicle, or a fictitious reg- istration seal or number. Subdivision S. No motor vehicle shall be used or operated on the public highways after thirty days after this act takes effect, unless the owner shall have complied in all respects with this section, except that any person purchasing a motor vehicle from a manufacturer, dealer or other person after this act goes into effect shall be allowed to operate such motor vehicle upon the public highways for a period of five daj's after the purchase and delivery thereof, provided that during such period such motor vehicle shall bear the registration number and seal of the previous owner under which it was operated or might have been operated by him. Subdivision 9. The provisions of this section shall not apply to motor vehicles owned by non-residents of this state and only temporarily within this state, provided the owners thereof have complied with any law requiring the registra- tion of owners of motor vehicles in force in the state, terri- tory or federal district of their residence, and the registra- tion number showing the initial of such state, territory or federal district shall be displayed on such vehicle substan- tially as in this section provided. Sec. 3. Subdivision 1. No person shall operate a motor vehicle on a public highway at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of the highway, or so as to endanger the life or limb of any person, or the safety of any property; or in any event on any public highway where the territory contiguous thereto is closely built up, at a greater rate than one mile in six minutes, or elsewhere in any incorporated city and county, city or town at a greater rate than one mile in four minutes, or elsewhere outside of any incorporated city and county, city or town, at a greater rate than one miie in three minutes; subject, however, to the other pro- visions of this act. Subdivision 2. Upon approaching a bridge, dam, sharp curve, or steep descent, and also in traversing such bridge, dam, curve or descent, a person operating a motor vehicle shall have it under control and operate it at a rate of speed not exceeding one mile in fifteen minutes, and upon ap- ■24T GENERAL LAWS. Act 2331 proaehing a crossing of intersecting highways at a speed not greater than is reasonable and proper, having regard to the traffic then on such highway and the safety of the pub- lic. Subdivision 3. Upon approaching a person walking in the roadway of a public highway, or a horse or horses, or other draft animals, being ridden, led or driven thereon, a person operating a motor vehicle shall give reasonable warning of its approach, and use every reasonable precaution to in- sure the safety of such person or animal, and, in the case of horses or other draft animals, to prevent frightening the same. Subdivision 4. A person operating a motor vehicle shall, at request or on signal by putting up the hand, from a per- son riding, leading or driving a restive horse or horses, or other draft animals, bring such motor vehicle immediately to a stop, and, if traveling in the opposite direction, remain stationary so long as may be reasonable to allow such horse or animal to pass, and, if traveling in the same direction, use reasonable caution in thereafter passing such horse or animal; provided that, in case such horse or animal appears badly frightened or the person operating such motor vehicle is requested to do so, such person shall cause the motor of such vehicle to cease running so long as shall be reasonably necessary to prevent accident and insure safety to others. Subdivision 5. In case of accident to a person or prop- erty on the public highway, due to the operation thereon of a motor vehicle, the person operating such vehicle shall stop, and, upon request of a person injured, or any person present, give such person his name and address, and, if not the owner, the name and address of such owner. Subdivision 6. Local authorities may, notwithstanding the other provisions of this section, set aside for a given time a specified public highway for speed tests or races, to be conducted under proper restrictions for the safety of the public. Sec. 4. Subdivision 1. Whenever a person operating a motor vehicle shall meet on a public highway any other person riding or driving a horse or horses or other draft animals, or any other vehicles, the person so operating such motor vehicle shall reasonably turn the same to the right of the center of such highway so as to pass without inter- ference. Any such person so operating a motor vehicle, shall, on overtaking any such horse, draft animal or other Act 2331 SUPPLEMENT. 248 vehicle, pass on the left side thereof, and the rider or driver of such horse, draft animal or other vehicle shall, as soon as practicable, turn to the right so as to allow free passage on the left. Any such person so operating a motor vehicle shall at the intersection of public highways, keep to the right of the intersection of the centers of such highways when turning to the right and pass to the right of such in- tersection when turning to the left. Nothing in this subdi- vision shall, however, be construed as limiting the meaning or effect of the provisions of section three of this act. Subdivision 2. Every motor vehicle, while in use on a public highway shall be provided with good and efficient brakes, and also with suitable bell, horn or other signal, and be so constructed as to exhibit, during the period from one hour after sunset to one hour before sunrise, two lamps showing white lights visible within a reasonable distance in the direction towards which such vehicle is proceeding, showing the registered number of the vehicle in separate arable numerals, not less than one inch in height and each stroke to be not less than one quarter of an inch in width, and also a red light visible in the reverse direction. Subdivision 3. Subject to the provisions of this act, local authorities shall have no power to pass, enforce or maintain any ordinance, rule or regulation requiring of any owner or operator of a motor vehicle any license or permit to use the public highways, or excluding or prohibiting any motor ve- hicle whose owner has complied with section two of this act from the free use of such highways, except such driveway, speedway or road as has been or may be expressly set apart by law for the exclusive use of horses and light carriages, or except as herein provided, in any way affecting the regis- tration or numbering of motor vehicles or prescribing a slower rate of speed than herein specified at which such vehicles may be operated, or the use of public highways, con- trary or inconsistent with the provisions of this act; and all such ordinances, rules or regulations now in force are hereby declared to be of no validity or effect; provided, hoicevcr, that the local authorities of incorporated cities and counties, cities and towns may limit by ordinance, rule or regulation hereafter adopted the speed of motor vehicles on the public highways, on condition that such ordinance, rule or regula- tion shall also fix the same speed limitation for all other vehicles, such speed limitation not to be in any case less than one mile in six minutes and on further condition that such 249 GENERAL LAWS. Act 2331 incorporated city and county, city or town shall also have placed conspicuously on each main public highway where the boundary of such municipality crosses the same and on every m.ain highway where the rate of speed changes, signs of sufficient size to be easily readable by a person using the highway, bearing the words "slow down to miles" (the rate being inserted) and also an arrow pointing in the direction where the speed is to be reduced or changed, and also on further condition that such ordinance, rule or regu- lation shall fix the penalties for violation thereof similar to and no greater than those fixed by such local authorities for violation of speed limitation by any other vehicles than motor vehicles, which penalties shall during the existence of the ordinance, rule or regulation supersede those specified in section six of this act, and provided further that nothing in this act contained shall be construed as limiting the power of local authorities to make, enforce and maintain further ordinances, rules or regulations affecting motor vehicles which are offered to the public for hire. Subdivision 4. Local authorities may, notwithstanding the provisions of this act, make, enforce and maintain such reasonable ordinances, rules or regulations concern- ing the speed at which motor vehicles may be operated in any public park or parkways, but in that event, must be signs at each entrance of such park and along such park- way, conspicuously indicate the rate of speed permitted or required, and may exclude motor vehicles from any ceme- tery or grounds used for burial of the dead. Subdivision 5. Nothing in this act shall be construed to curtail or abridge the right of any person to prosecute a civil suit for damages by reason of injuries to person or pi"operty resulting from the negligent use of the highways by a motor vehicle or its owner or his employe or agent. Sec. 5. Subdivision 1. Every person hereafter desiring to operate a motor vehicle as a chauffeur shall file in the office of the secretary of state, on a blank to be supplied by such secretary, a statement which shall include his name and address and the trade name and motive power of the motor vehicle or vehicles he is able to operate, and shall pay a registration fee of two dollars. Subdivision 2. The secretary of state shall thereupon file such statement in his office, register such chauffeur in a book or index to be kept for that purpose, and assign him a number. Act 2331 SUPPLEMENT. 250 Subdivision 3. The secretary of state shall forthwith, upon such registration and without other fee, insure and deliver to such chauffeur a badge of aluminum or other suitable metal which shall be oval in form, and the greater diameter of which shall not be more than two i"ches, and such badge shall have stamped thereon the words: " Eeg- istered chauffeur, No. , State of California," with the registration number inserted therein; which badge shall thereafter be worn by such chauffeur pinned upon his clothing in a conspicuous place at all times while ho is operating a motor vehicle upon the public highways. Subdivision 4. No chauffeur, having registered as herein provided, shall voluntarily permit any other person to wear his badge, nor shall any person while operating a motor vehicle wear any badge belonging to another person, or a fictitious badge. Subdivision 5. No person shall operate a motor vehicle as a chauffeur upon the public highways after thirty days after this act takes effect, unless such person shall have complied in all respects with the requirements of this section. Sec. 6. Subdivision 1. The violation of any of the pro- visions of this act by any owner, chauffeur or operator of any motor vehicle, shall be deemed a misdemeanor, pun- ishable, upon conviction thereof, by a fine not exceeding one hundred dollars for the first offense, and punishable by a fine of not less than fifty dollars nor more than one hundred dollars, or imprisonment not exceeding thirty days, or both for a second offense, and punishable by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars and imprisonment not ex- ceeding thirty days for a third or subsequent offense. Subdivision 2. In case the owner of a motor vehicle shall be taken into custody because of a violation of any provision of this act, he shall be forthwith taken before the nearest justice of the peace, or police judge or court, and be entitled to an immediate hearing; and if such hear- ing cannot then be had, be released from custody on giv- ing his personal undertaking to appear and answer for such violation, at such time and place as shall then be ordered, secured by the deposit of a sum equal to the maximum fine for the offense with which he is charged, or in lieu thereof, bv leaving the motor vehicle owned by such person, with such justice of the peace, police judge or clerk of such 251 GENERAL LAWS. Act 2331 police court, or, in case such justice of the peace or police judge is not accessible, be forthwith released from custody on giving his name and address to the officer making such arrest, and depositing with such officer a sum equal to the maximum fine for the offense for which such arrest is made, or in lieu thereof, by leaving the motor vehicle owned by such person, with such officer, provided, that in such case the officer making such arrest shall give a re- ceipt in writing for such sum or vehicle and by endorse- ment on such receipt notify such person to appear before the nearest justice of the peace or police judge or court, on the following day, naming him or it and specifying the place and hour. In case security shall be deposited, as in this subdivision provided, it shall be returned to the per- son depositing forthwith on such person being admitted to bail, on the surrender of any receipt or other voucher given at the time of such deposit. If such person shall fail to appear before the magistrate or court at the time ordered or specified, the amount deposited by him may be declared forfeited and disposed of as money deposited for bail in other cases, or the motor which may be so left by him may be sold at public auction by order of the justice of the peace, or police judge or court, and from the amount realized upon such sale, a sum equal to the maxi- mum fine for the offense charged shall be disposed of in like manner, and the surplus, if any, after deducting all expenses incurred in keeping or sale of such motor vehicle be returned to such owner on demand, but no such for- feiture and disposition of such security shall in anywise impair the jurisdiction of such justice of the peace, police judge or court to hear and determine any such charge made against such owner, or to inflict, upon conviction thereof, any punishment prescribed by this act. Sec. 7. The amount of fees received by the secretary of state, as in this act provided, shall be paid into the state treasury, to be paid into the general fund of the state. Sec. 8. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, the sura of twenty thousand dollars ($20,000.00), for the purpose of carrying out the objects of this act, to be used by the secretary of state in the employment of the necessary clerk or clerks; the purchase of the necessary stationery, books, and postage; for the necessary incidental expenses; for the purchase of the necessary seals and badges; for I Acts 2332, 2333 SUPPLEMENT. 252 printing, ruling, binding, and all other work performed and materials used by the state printing office, to be used during the balance of the fifty-sixth, and during the fifty-seventh and fifty-eighth fiscal years. The state controller is hereby directed to draw his warrant for any claim against said Bum, the same having been approved by the state board of examiners, and the state treasurer is hereby directed to pay the same. Sec. 9. All acts and parts of acts inconsistent herewith or contrary hereto are, so far as they are inconsistent or contrary, hereby repealed. Sec. 10. This action shall take effect immediately. MUNICIPAL COEPORATIOXS. ACT 2332. An act to validate the organization and incorporation of municipal corporations. [Approved March 20, 1905. Stats. 1905, p. 400.] Section 1. All municipal corporations, the organ J/.ation and incorporation of vrhieh have been authenticated by an order of a board of supervisors in this state, declaring the same incorporated as municipal corporations of the classes to which such corporations may repectively belong, and a certified copy of which order has been filed by such board of supervisors in the office of the secretary of state, show- ing such copy of said order to have been filed in said office, and which corporations thereafter have acted in the form and manner of municipal corporations under the provisions of "An act to provide for the organization, incorporation, and government of municipal corporations," approved March thirteenth, eighteen hundred and eighty-three, and the amendments thereto, are hereby declared to be and to have been municipal corporations from the date of filing the certified copy of said order of the board of supervisors with the secretary of state; and all the acts of the said municioal corporations heretofore performed according to the act aforesaid, are hereby validated, and declared as legp.l. ACT 2333. An act to provide for the lip-hting of public streets, lanes, alleys, courts and places in municipalities, and for the 253 GENERAL LAWS. Act 2333 assessment of the costs and expenses thereof upon the property benefited thereby. [Approved March 21, 1905. Stata. 1905, p. 564.] Section 1. Whenever the public interest or convenience may require, the city council of any municipality in the state shall have full power and authority to order poles, posts, wires, pipes, conduits and lamps, or any of sai;l ap- pliances, or any other suitable and necessary appliances, to be installed in and along the whole or any part of any public street, lane, alley, court or place in such municipal- ity, for the purpose of lighting the same; also to order ap- pliances in and along the same, installed under this act, or otherwise installed and owned or controlled by such muni- cipality, to be maintained ; and also to order gas, electric current, or other illuminating agent, to be furnished for such lighting; in the manner and under the proceedings hereinafter described. Sec. 2. Before ordering any improvement to be made, which is authorized by section one of this act, the city council shall adopt a resolution declaring its intention to do so, briefly describing the proposed improvement, which may include the whole or any part of one or more streets, lanes, alleys, courts or places, and specifying the exterior boundaries of the district to be benefited by said improve- ment and to be assessed to pay the cost and expenses thereof, and to be known as the assessment district. Said proposed improvement may include any or all of the dif- ferent kinds of work mentioned in section one of this act; provided, hoicever, that the maintenance of appliances or the furnishing of gas, electric current or other illuminating agent, shall be for a period stated in the resolution of in- tention, but not exceeding two years. The city council shall also, in the same resolution, refer the proposed im- provement to the city engineer, if there be one, and if not, to some competent person employed by the municipality for the purpose and named in said resolution, and direct him to make and file with the clerk of the city council a report in writing presenting the following: 1. Plans and specifications for the work required in or- der to make said improvements; 2. An estimate of the cost of said improvement and of the incidental expenses in connection therewith; 3. A diagram showing the district above referred to, and General Laws — 22 Act 2333 SUPPLEMENT. 254 also the boundaries and dimensions of the respective sub- divisions of the land within said district, each of which subdivisions shall be given a separate number in red ink upon said diagram. 4. A proposed assessment of the total amount of the costs and expenses of the proposed improvement upon the sev- eral subdivisions of land in said district in^ proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram by the re- spective red ink numbers thereof, and shall show the names of the owners, if known, otherwise designating them as un- known. No mistake in the name of the owner of any par- cel of land shall affect the validity of the assessment thereon. In any municipality having a board of public works created by its charter or by law, the proposed improve- m.ents shall be referred to said board, and the report pro- vided for herein shall be made by said board. See. 3. Upon the filing of the report provided for in sec- tion two of this act, the said clerk shall present the same to the city council for consideration, and said council may modify the same in any respect, and, in case of any such modification, the report as modified shall stand as the re- port for the purpose of all subsequent proceedings. There- after the council, by resolution, shall appoint a tijne and place for hearing protests in relation to the proposed im- provement, which time shall not be less than twenty days from the date of the passage of said resolution, and shall direct the clerk of the city council to give notice of said hearing, and shall designate the newspaper in which such notice shall be published. See. 4. After the passage of the resolution mentioned in section three of this act, the clerk of said city council shall cause to be conspicuously posted along all streets and parts of streets within the assessment district described in the resolution of intention, at not more than three hundred feet in distance apart, notices (not less than three in all), of the passage of said resolution of intention and of the filing of said report. Said notices shall be headed "No- tice of Local Improvement," in letters not less than one inch in length, shall be in legible characters, and shall state the fact and date of the passage of said resolution of in- 253 GENERAL LAWS. Act 2333 tention and of the filing of said report, and the date set for the hearing of said protests, and briefly describe the improvement proposed, and refer to said resolution and re- port for further particulars. He shall also cause a notice similar in substance to be published for a period of two days in a daily newspaper published and circulated in said municipality, and designated by said city council for that purpose, or if there is no daily newspaper in said munici- pality, then by two successive insertions in a weekly paper, so published, circulated and designated. Said notices must be posted and published, as above provided, at least ten days before the date set for the hearing of said protests. Sec. 5. Any person interested, objecting to said improve- ment, or to the extent of the assessment district, or to the proposed assessment provided for in section two of this act, may file a written protest with the clerk of the city council at or before the time set for the hearing referred to in section three hereof. The clerk shall endorse on every such protest the date of its reception by him, and at the time appointed for the hearing above provided for, shall present to said city council all protests so filed with him. If such protests are against said improvement and said city council finds that the same are signed by the owiiers of a majority of the frontage of the property jfronting on streets or parts of streets within said assessment district, all further pro- ceedings under said resolution of intention shall be barred and no new resolution of intention for the same improve- ment shall be passed within six months after the presenta- tion of such protests to the city council, unless the owners of a majority of the frontage of the property fronting on streets or parts of streets within said assessment district shall in the meantime petition therefor. If such protests are against the improvement and the council finds that they are not signed by the owners of a majority of the frontage of the property fronting on streets or parts of streets within the assessment district, or if such protests are against the extent of the assessment district, the coun- cil shall hear said protests at the time appointed therefor, as above provided, or at any time to which the hearing thereof may be adjourned, and pass upon the same, and its decision shall be final and conclusive, and if such protests are sustained the proceeding shall be abandoned, but may be renewed at any time, and if such protests are denied, Act 2333 SUPPLEMENT. 256 the proposed assessment shall be confirmed. If such pro- tests are against the proposed assessment, the council shall hear said protests at the time appointed therefor as above provided, or at any time to which the hearing thereof may be adjourned, and may confirm, modify or correct said pro- posed assessment. When, upon the hearing, said proposed assessment is con- firmed, modified or corrected, or in case no protests are filed, the report provided for in section two hereof shall be adopted as a whole, with any modifications or corrections that have been made therein, and the city council shall by resolution, order said proposed improvement to be made, and declare its action upon said report and assessment, which resolution shall be final and conclusive on all per- sons, and the assessment shall be thereby levied upon the respective subdivisions of land in the assessment district. Sec. 6. The validity of an assessment levied under this act shall not be contested in any action or proceeding un- less the same is commenced within thirty days after the time said assessment is levied, and any appeal from a final judgment in such an action or proceeding must be per- fected within thirty days after the entry of such judgment. Sec. 7. Upon the passage of the resolution provided for in section five hereof, the clerk of said city council shall transmit to the tax collector of the municipality, the dia- gram and assessment provided for in subdivisions 3 and 4 of section two hereof, and any modifications or corrections thereof made by said city council. Sec. 8. Upon the receipt of the diagram and assess- ment referred to in the last preceding section, the tax col- lector of the municipality shall record the same in a sub- stantial book, to be kept for that purpose, in his office, and shall thereupon fix a day not less than twenty, nor more than thirty, days from the date of the receipt by him of said diagram and assessment after which all assessments unpaid shall become delinquent and ten per .cent shall be added to the amount thereof, and shall also fix a day for the sale of the various parcels of land within said district upon which the assessments are unpaid, which said date shall be not less than fifty days nor more than sixty days from the date of the receipt by him of said diagram and assessment. Sec. 9. Xotice of the sale of property upon which the said assessments are delinquent shall be given by said tax 257 GENERAL LAWS. Act 2333 collector by posting and publication in the manner now pro- vided by the general laws of the State of California, for giving notice of sale of real estate upon execution, provided, however, that the descriptions of the various parcels of land need not be set out at length, but only by the respective numbers of the same as they appear upon the assessment and diagram^ which shall be properly referred to in said notice, and said descriptions shall all be contained in one notice. At the time and place fixed for the sale of said proiserty, the tax collector shall separately sell the respec- tive parcels of land within said district, the assessments against which have not been paid, or so much of each par- cel as shall be necessary to realize the amount ass.essed against said parcel, said ten per cent penalty for delin- quency, and its proportion of the expenses of sale, in the order of their numbers upon said diagram. At said sale the municipality may be a purchaser. See. 10. The tax collector shall issue for each sale an original and a duplicate certificate of sale, referring to the proceedings, describing the parcel sold, and giving the name of the purchaser and the amount for which said parcel was sold. The original certificate he shall deliver to the pur- chaser, and the duplicate he shall keep on file in his office in the form of a stub in the certificate book. Sec. 11. At any time before the expiration of one year from the date of the sale, any property sold under the provisions of the preceding sections may be redeemed by the payment to the tax collector of the amount for which the property was sold, with an additional penalty of twenty- five per cent of said amount. Said redemption money shall be paid by the tax collector to the person holding the original certificate of sale upon his delivering up the same and receipting for the amount received from the tax col- lector therefor. Upon redemption of any parcel of land the tax collector shall enter the fact and date of such redemp- tion upon the duplicate certificate of sale thereof. Sec. 12.. If the property is sold, and is not redeemed within said period of one year from the date of the sale, the tax collector shall execute to the person named in the original certificate, or to his assignee, a deed of the prop- erty described in said certificate, which said deed shall re- fer in general terms to the proceedings under which the same is issued, and shall contain a description of the prop- Act 2333 SUPPLEMEPTT. 258 erty. Such deed shall convey title in fee to said property, and the grantee is immediately, upon the receipt thereof, entitled to possession of the property described therein. Sec. 13. The funds collected by the tax collector under the proceedings herein provided for, either upon voluntary payment, or as the result of sales, shall be paid by said tax collector, as fast as collected, to the treasurer of said muni- cipality, who shall place the same in a special fund desig- nated by the number or name of the proceeding, and pay- ments shall be made out of said special fund only for the purposes provided for in this act. To expedite the making of any such improvement, the city council may at any time transfer into said special fund, out of any money in the general fund, such sums as it may deem necessary, and the sums so transferred shall be deemed a loan to such special fund and shall be repaid out of the proceeds of the assess- ments provided for in this act. Sec. 14. At any time after the funds for the work, or any part of the work, shall be in the hands of said treas- urer, the city council may let the contract or contracts for such work or the respective parts thereof. Every such con- tract shall be let to the lowest responsible bidder, after notice published by two insertions in some newspaper pub- lished in such municipality and designated by the city council for that purpose, or if there be no such newspaper, then by such posting as the city council may provide. Every bid shall be accompanied by a certified check, amounting to ten per cent of the bid, payable to the order of the clerk of said city council, and the same shall be forfeited to the municipality in case the bidder depositing the same does not, within ten days after written notice that the contract has been awarded to him, enter into a contract with the municipality for the work, the faithful perform- ance of which shall be secured by an undertaking in such penal sum as the city council shall require, with sureties satisfactory to said council. The contract must provide that the work shall be done and the work must be done, strictly in accordance with the plans and specifications contained in the report provided for in sections two and three of this act. The work must be done under the supervision of the board, officer or per- son by whom the report provided for in section two of this act was made, and no work shall be paid for until it has 259 GENERAL LAWS. Act 2333 ■been accepted by said board, officer or person and by said city council. If the contractor abandons the work or fails to proceed with the same as rajiidly as required by his contract, the said city council may relet the work in the same manner as in the ease of the first letting thereof, and retain the cost of the same, and also any expense incidental to the reletting, out of any funds due or to become due to the contractor, and also hold him and his sureties responsible for such cost and expense, and for any damages resulting from such abandonment or failure upon his bond. Sec. 15. In case the first assessment for any improve- ment provided for in this act proves insufficient, a supple- mental assessment may be made to raise the deficit, in the same manner as nearly as may be, as the first assessment, except that protests may only be made to such supple- mental assessment, and so on until sufficient money shall have been realized to pay for such improvement. Sec. 16. If at any time an assessment for any such im- provement shall realize a larger sum than is necessary therefor, the excess shall be refunded pro rata to the par- ties by whom it was paid. Sec. 17. Every special assessment levied under this act shall, from the date of the levy thereof, be a lien upon the land upon which it is levied paramount to all other liens, except prior assessments and taxation, and such lien shall continue until such special assessment is paid, or until the property is sold and a deed is made therefor to the pur- chaser as hereinbefore provided, and all parties shall have constructive notice of such lien from the date of the pas- sage of the resolution referred to in section five hereof. '. Sec. 18. The following words and phrases shall, where I used in this act, have the following meanings: j (1) The term "improvement" includes all work and ira- I provements mentioned in section one of this act. ! (2) The terms "municipality" and "city" include every incorporated city, city and county, or other corporation or- ganized for municipal purposes. (3) The term.s "city council" and "council" include any 'body or board in which by law is vested the legislative ' power of any city. i (4) The terms "treasurer" and "city treasurer" include any person or officer who haS charge and makes payments iijf the city funds. Acts 2334-2348 SXT>PLEMENT. -200 (5) The term "city engineer" includes any person or officer who has charge of the surveying and engineering •work of said city. Sec. 19. This act shall take effect and be in force from and after its passage. ACT 2334. An act to authorize the construction, maintenance and op- eration of private spur tracks in municipalities. [Approved March 21, 1905. Stats. 1905, p. 710.] Section 1. The council or other legislative governing body of any city or town, or city and county, by a ma- jority vote, may grant the right to property owners or to the proprietors of manufacturing or industrial enterprises to construct, maintain and operate spur tracks from their prem- ises to a connection with any railroad. Such grant shall, nevertheless, be revocable at the pleasure of the granting authority. ACT 2347. An act to provide for the classification of municipal cor- porations. [Approved March 2, 1883. Stats, 1883, p. 24.] Amended 1897, 218, 421; 1899, 141; 1901, 94. Supp. Cal. Eep. Cit. 143, 566; 143, 567; 143, 5G9; 143, 571. ACT 234S. An act to provide for the organization, incorporation, and government of municipal corporations. [Stats. 1883, p. 93.] Amended 1885, 127, 134; 1887, 12; 1889, 371, 389; 1891, 21, 28, 54, 55, 114, 233; 1893, 299; 1895, 24, 159, 266; 1897, 89, 175, 183, 196, 403; 1899, 98; 1901, 12, 18, 70, 269, 293, 656; 1903, 40, 93, 135, 336; 1905, 16, 45, 72, 73, 88, 89, 408. This act appears in full, with the exception of the amendments of 1905, in General Laws, 1903, p. 636. Supp. Cal. Eep. Cit. 141, 373; 141, 374; 141, 375; 141, 376; 141, 377; 141, 378; 141, 379; 141, 380; 141, 397; 142, 515; 142, 700; 143, 566; 143, 567; 143, 569; 143, 570; 143, 571; 143, 572; 143, 573; 144, 14; 145, 631; 145, 633; 145, 636; 145. 640. Section 9. The city clerk of each municipal corporation and the city recorder of each municipal corporation where 261 GENERAL LAWS. Act 234S there is no city clerk shall have the powers and shall per- form the duties of a registrar within such municipality which are prescribed and required by the provisions of an act en- titled, "An act for the registration of deaths, the issuance and registration of burial and disinterment permits, and the establishment of registration districts in counties, cities and counties, cities, and incorporated towns, imder the su- perintendence of the state bureau of vital statistics and pre- scribing the powers and duties of registrars, coroners, phy- sicians, undertakers, sextons and other persons in relation to such registration and fixing penalties for the violation of this act." Sec. 2. All acts and parts of acts in conflict or inconsis- tent with this act are hereby repealed. [Amendment ap- proved March 20, 190o; Stats. 1905, p. 408. In effect March 31st, 1905.] Section 764. The board of trustees of such city shall have power: 1. To pass ordinances not in conflict with the constitu- tion and laws of this state, or of the United States. 2. To purchase, lease, or receive such real estate and per- sonal property as may be necessary or proper for municipal purposes, and to control, dispose of, and convey the same for the benefit of the city; provided, that they shall not have any power to sell or convey any portion of any waterfront; but may rent such waterfront for a term not exceeding ten years for the purpose of erecting bath-houses thereon. 3. To contract for supplying the city with water and elec- tric or other lights for municipal purposes; to purchase, lease, or construct water works, and electric plants, subject to the proviso in this subdivision contained, and all power, machinery, conductors, and appliances necessary therefor, and to supply said city with, and to sell to the inhabitants thereof, water, light, heat and power; provided, that no such purchase or lease shall be made unless the question of ac- quiring such property is submitted to the voters of such city in the same manner as other propositions, at a general or special municipal election, and a majority of the electors, voting at such election, shall vote in favor of such propo- sition. 4. To establish, build and repair bridges; to establish, lay out, alter, keep open, open, improve and repair streets, side- walks, alleys, squares, and other public highways and places within the city, and to drain, sprinkle, oil, and light the Act 2348 SUPPLEMENT. 262 same; to remove all obstructions therefrom; to establish the grades thereof; to grade, pave, macadamize, gravel and curb the same in whole or in part, and to construct gutters, culverts, sidewalks, and crosswalks therein, or upon any part thereof; to cause to be planted, set out, and cultivated, shade trees therein; and generally to manage and control all such highways and places. 5. To establish, construct and maintain drains and sew- ers, and to provide by ordinance for a general system of sewers, and the expense of building and maintaining the same. 6. To provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires. 7. To impose on and collect from every male inhabitant between the ages of twenty-one and sixty years, an annual street poll tax, not exceeding two dollars, and no other road poll tax shall be collected within the limits of such city; provided^ that any member of a volunteer fire company in such city shall be exempt from such tax. 8. To impose and collect an annual license, not exceeding two dollars on every dog owned or harbored within the limits of the city. 9. To levy and collect annually a property tax, which shall be apportioned as follows: For the general fund, not ex- ceeding sixty cents on each one hundred dollars; for street fund, not exceeding thirty cents on each one hundred dol- lars; for school fund, not exceeding twenty-five cents on each one hundred dollars; for sewer fund, not exceeding ten cents on each one hundred dollars. The levy for all pur- poses for any one year for all purposes to which such funds are applicable shall not exceed one dollar on each one hun- dred dollars of the assessed value of all real and personal property within such city. 10. To license, for purposes of regulation and revenue, all and every kind of business, including the sale of intoxicat- ing liquors, authorized by law and transacted or carried on in such city, and all shows, exhibitions, and lawful games carried on therein; to fix the rates of license upon the same, and to provide for the collection of the same by suit or otherwise. 11. To improve the rivers and streams flowing through such city, or adjoining the same; to widen, straighten, and deepen the channels thereof, and to remove obstructions therefrom; to improve the waterfront of the city, and to 263 GENERAL LAWS. Act 2343 construct and maintain embankments and other works to protect such city from overflow. 12. To erect and maintain buildings for municipal pur- poses. 13. To permit, under such restrictions as they may deem proper, the laying of railroad tracks and the running of cars drawn by horses, steam, electricity, or other power thereon, and the laying of gas or water pipes in the public streets, and to construct and maintain, and to permit the construc- tion and maintenance of telegraph, telephone, and electric light lines therein. 14. In its discretion to divide the city, by ordinance, into a convenient number of wards, not exceeding five, to fix the boundaries thereof, and to change the same from time to time; provided, that no change in the boundaries of any ward shall be made within sixty days next before the date of said general municipal election, nor within twenty months after the same shall have been established or altered. Whenever such city shall be so divided into wards, the board of trustees shall designate by ordinance the number of trus- tees to be elected from each ward, apportioning the same in proportion to the population of such ward; anu thereafter the trustees so designated shall be elected by the qualified electors resident in such ward, or by the general vote of the whole city, as may be designated in such ordinance. 15. To appoint and remove such policemen and such other subordinate ofiicers as they may deem projier, and to fix their duties and compensation. 16. To impose fines, penalties, and forfeitures for any and all violation of ordinances, and for any breach or violation of any ordinance to fix the penalty by fine or imprisonment, or both, but no such fine shall exceed three hundred dollars, nor the term of such imprisonment exceed three months. 17. To cause all persons imprisoned for violation of any ordinance to labor on the streets, or other property or works within the city, 18. To establish fire limits, and the same to alter at pleas- ure; to regulate or prevent the erection of wooden or other buildings or structures of combustible materials; to regulate the construction of all buildings, sheds, awnings, signs, or any structure of a dangerous or unsafe character; to provide, by regulation, for the prevention and summary removal of all filth or garbage in the streets, sloughs, alleys, back yards or public grounds of such city, or elsewhere therein; to Act 2348 SUPPLEMENT. 264 regulate or prohibit the storage of gunpowder and combusti- ble or explosive materials of every kind and nature within the city limits, and to prescribe the limits in which the same may be kept or stored. 19. To do and perform any and all other acts and things necessary and proper to carry out the provisions of this chap- ter, and to exact and enforce within the limits of such city all other local, police, sanitary, and other regulations as do not conflict with general laws. [Amendment approved March 3, 1905; Stats. 1905, p. 45. In effect in sixty days.] Section 769. The violation of any ordinance of such city, shall be deemed a misdemeanor, and may be prosecuted by the authorities of such city in the name of the people of the State of California, or may be redressed by civil action, at the option of said authorities. Any person sentenced to im- prisonment for the violation of an ordinance may be impris- oned in the city jail, or, if the board of trustees shall by ordinance so prescribe, in the county jail of the county in which such city may be situated; in which case the expense of such imprisonment shall be a charge in favor of such county against such city. [Amendment approved March 7, 1905; Stats. 1905, p. 72. In effect in sixty days.] Section 773. The board of trustees shall have the power, and it shall be their duty, to provide by ordinance a sys- tem for the assessment, levy, and collection of all city taxes not inconsistent with the provisions of this chapter. All taxes shall be collected by the marshal or treasurer, as may be determined by the board of trustees by ordinance. All taxes assessed, together with any percentage imposed for delinquency and the costs of collection, shall constitute liens on the property assessed; every tax upon the personal prop- erty shall be a lien upon the real property of the owner thereof. The liens provided for in this section shall attach as of the first Monday in March of each year, and ma}- be enforced by a sale of the real property affected, and the exe- cution and delivery of all necessary certificates and deeds therefor, under such regulations as may be prescribed by ordinance, or by action in any court of competent jurisdic- tion to foreclose such liens; provided, that any property sold for such taxes shall be subject to redemption withiu five years and upon the terms provided or that may hereafter be provided for the redemption of property sold for state taxes. All deeds made upon any sale of property for taxes or special assessments under the provisions of this chapter 265 GENERAL LAWS. Act 2343 shall have the same force and effect in evidence as is or may hereafter be provided by law for deeds for property sold for nonpayment of state taxes. [Amendment approved March 8, 1905; Stats. 1905, p. 88. In effect in sixty days.] See note to § 871, post. Section 806. A recorder's court is hereby established in such city, to be held by the recorder of such city, provided, that the provisions of this section as to the establishment of recorder's courts and recorders in such city shall not apply to any such city in which a city justice's court or a city justice of the peace is now or may hereafter be established, and any recorder's court now existing in any such last men- tioned city is hereby abolished. Said recorder's court shall have jurisdiction, concurrently with the justice's courts, of all actions and proceedings, civil and criminal, arising within the corporate limits of such city, and which might be tried in such justice's court; and shall have exclusive jurisdiction of all actions for the recovery of any fine, penalty, or for- feiture prescribed for the breach of any ordinance of such city, of all actions founded upon any obligation or liability created by any ordinance, and of all prosecutions for any violation of any ordinance. In all civil actions for the re- covery of any fine, penalty, or forfeiture prescribed for the breach of any ordinance of such city, where the fine, pen- alty or forfeiture imposed by the ordinance is not more than fifty dollars, the trial must be by the court, in civil actions where the fine, penalty or forfeiture prescribed for the breach of any ordinance of such city is over fifty dollars, the de- fendant is entitled to a jury. Except as in this section otherwise provided, the rules of practice and mode of pro- ceeding in said recorder's court shall be the same as are or may be prescribed by law for justices' courts in like cases, and appeals may be taken to the superior court of the county in which such city may be situated, from all judg- ments of said recorder's court in like manner and with like effect as in cases of appeals from justices' courts. [Amend- ment approved March 7, 1905; Stats. 1905, p. 72. In effect in sixty days.] Section 813. The fire department of a city of the fifth class shall consist of companies of volunteer or paid firemen, as the board of trustees may determine, organized into en- gine hose, or hook and ladder companies. Such fire depart- ment, except where the same comprises one or more corn- General Laws— 23 Act 2343 SUPPLEMENT. 266 panics of paid firemen, and such companies of volunteer firemen, shall elect their own officers: but the board of trus- tees shall appoint the chief and other officers of such depart- ment, where the same comprises one or more companies of paid firemen. The election of any person as chief of any- such volunteer fire department shall be forthwith certified by the secretary of said department to the board of trustees of such city, and by them, at their next regular meeting, confirmed. The chief of the fire department shall give a bond to the chairman of the board of trustees of such city, in the sum of one thousand dollars; the chief of every fire depart- ment shall inquire into the cause of every fire occurring in the city, and keep a record thereof. He shall have exclusive control of the working of the fire department in time of con- flagration or fire. He must aid in the enforcement of all fire ordinances duly enacted, examine buildings in process of erection, report violation of ordinances relating to the pre- vention and extinguishment of fires when directed by the proper authorities, and institute proceedings therefor, and shall have general control, management, and direction of the fire companies, hose, hook and ladder companies, and en- gine, and fire departments of such city, and shall perform such other duties as may be by the ordinances of said city, or by law, imposed upon him. His compensation, which shall not be less than ten dollars per month, must be fixed and paid by the board of city trustees. [Amendment approved Feb- ruary 20, 1905; Stats. 1905, p. 16. In effect immediately.] Section 871. The board of trustees shall have the power, and it shall be their duty, to provide by ordinance a system for the assessment, levy, and collection of all city or town taxes not inconsistent with the provisions of this chapter. All taxes shall be collected by the marshal or treasurer, as may be determined by the board of trustees by ordinance. All taxes assessed, together with any percentage imposed for delinquency and the costs of collection, shall constitute liens on the property assessed; every tax upon personal prop- erty shall be a lien upon the real property of the owner thereof. The liens provided for in this section shall attach as of the first Monday in March of each year, and may be enforced by a sale of the real property affected, and the execution and delivery of all necessary certificates and deeds therefor, under such regulations as may be prescribed by ordinance, or by action in any court of competent jurisdic- tion to foreclose such liens; provided, that any property sold 267 GENERAL LAWS. Act 2318 for such taxes shall be subject to redemption within five years and upon the terms provided or that may hereafter be pro- vided for the redemption of property sold for state taxes. All deeds made upon any sale of property for taxes or special assessments under the provisions of this chapter shall have the same force and effect in evidence as is or may hereafter be provided by law for deeds for property sold for nonpay- ment of state taxes. Section 3 of the act amending this section and section 773 is as follows: Sec. 3. This act shall not repeal, or in any manner affect, modify, or interfere with the provisions of an act entitled "An act to provide for the levy and collection of taxes by and for the use of municipal corporations and cities incor- porated under the laws of the State of California, except municipal corporations of the first class, and to provide for the consolidation and abolition of certain municipal offices, and to provide that their duties may be performed by certain officers of the county, and fixing the compensation to be al- lowed for such county officers for the services so rendered to such municipal corporations" approved March 27, 1895; or any of the provisions of an act entitled "An act to pro- vide for the levy and collection of taxes by and for the use of municipal corporations and cities incorporated under the laws of the state, except municipal corporations of the first, second, third and fourth classes, and cities operating under a charter framed under section 8, article 11, of Consti- tution," approved March 2, 1891. [Amendment approved March 8, 1905; Stats. 1905, p. 89. In effect in sixty days. I Section 882. A recorder's court is hereby established in such city or town, to be held by the recorder of such city or town. Said recorder's court shall have jurisdiction, concur- rently with the justice's courts, of all actions and proceed- ings, civil and criminal, arising within the corporate limits of such city or town, and which might be tried in such jus- tice's court; and shall have exclusive jurisdiction of all ac- tions for the recovery of arty fine, penalty, or forfeiture pre- scribed for the breach of any ordinance of such city or town, of all actions founded upon any obligation created by any ordinance, and of all prosecutions for any violation of any ordinance. In all civil actions for the recovery of any fine, penalty, or forfeiture prescribed for the breach of any ordi- nance of such city or town, where the fine, penalty or for- feiture imposed by the ordinance is not more than fifty dol- Acts 2361-2374 SUPPLEMENT. 268 lars, the trial must be by the court, in civil actions where the fine, penary or forfeiture prescribed for the breach of any or- dinance of such city or town is over fifty dollars, the defend- ant is entitled to a jury. Except as in this section otherwise provided, the rules of practice and mode of proceeding in said recorder's court shall be the same as are or may be prescribed by law for justices' courts in like cases; and appeals may be taken to the superior court of the county in which such city or town may be situated, from aU judgments of said recorder's court, in like manner and with like effect as in cases of appeals from justices' courts. [Amendment approved March 7, 1905; Stats, 1905, p. 73. In effect in sixty days.] ACT 2361. To authorize the incurring of indebtedness by municipal corporations for the construction of water-works, sew- ers, etc. [Stats. 1889, p. 399.] Amended 1891, 84, 94, 132; 1893, 61. See note to this act in General Laws of 1903, p. 924. Supp. Cal. Bep. Cit. 1S8, 243; 142, 699; 142, 700; 142, 701; 144, 393. ACT 2371. An act authorizing the incurring of indebtedness by cities, towns, and municipal corporations for municipal im- provements, and regulating the acquisition, construction, or completion thereof. [Stats. 1901, p. 27.] This act appears in full in General Laws, 1903, p. 937. Supp. Cal. Eep. Cit. 142, 699; 142, 700; 144, 391. ACT 2(374. An act to provide for the alteration of the boundaries of and for the annexation of territory to incorporated towns and cities, and for the incorporation of such an- nexed territory in and as a part of such municipalities, and for the districting, goverament, and municipal con- trol of annexed territory, [Stats. 1889, p. 358.] Amended 1905, 551. This act, Avith the exception of the amendment of 1905, appears in full in General Laws, 1903, p. 944. 269 GENERAL LAWS. Acts 2375, 2508a ACT 2375. An act to provide for changing the boundaries of cities and municipal corporations, and to exclude territory therefrom. [Stats. 1889, p. 433.] Amended 1905, p. 715. This act, ■with the exception of the amendment of 1905, appears IP full in General Laws, 1903, p. 948. NURSING-. ACT 2oOSa. An act to promote the better education of practitioners of nursing the sick in the State of California, to provide for the issuance of certificates of registration as a regis- tered nurse to qualified applicants by the board of re- gents of the University of California, and to provide penalties for violation hereof. [Approved March 20, 1905. Stats. 1905, p. 533.] Section 1. Commencing in the month of July, 1905, and at least semi-annually thereafter, the board of regents of the University of California shall hold, or cause to be held, such examination or examinations as they may deem proper to test the qualifications and fitness of applicants for certifica- tion and registration as registered nurses within the State of California. Such examinations shall be practical in character, and a reasonable notice designating the time and place thereof must be given by publication in at least two daily papers published within the State of California. Sec. 2. All applicants for examination must furnish satis- factory evidence of good moral character and of having com- plied with the provisions of this act relative to qualifica- tions; and any examiner may inquire of any applicant for examination concerning his or her character, qualifications or experience, and may take testimony in regard thereto, under oath, which he is hereby empowered to administer. Sec. 3. All persons satisfactorily passing such examina- tions shall be granted by the board of regents of the Uni- versity of California a certificate stating that he or she is a registered nurse within the State of California, and shall -.hereafter be known and styled as a registered nurse. The secretary of the said board of regents shall keep in his office I book showing the names of all persons to whom certificates IS registered nurses have been granted. Graduates of all raining schools for nurses which shall have been approved i,v the said board of regents may be certified as registered Act 2508a SUPPLEMENT. 270 nurses, without examination, at any time within three years after the passage of this act, upon payment of the fee pre- scribed in section four hereof. See. 4. Every person applying for examination, or for registration as a registered nurse, shall pay to the secretary of the said board of regents a fee of five dollars, which shall in no case be refunded. A certificate of registration shall be void three years after the date thereof, but a new certificate may be issued to the holder upon the payment of a fee of one dollar. All expenses incurred in carrying out the provi- sions of this act shall be paid from the fees and fines col- lected hereunder, and the surplus receipts, if any, shall be used to provide for education in nursing. See. 5. (I) No person shall be eligible for examination or for registration as a registered nurse who shall not furnish satisfactory evidence of having graduatea from a nurses' training school: (a) that is attached to a reputable hospital; (b) that gives a general training and a systematic, theoreti- cal and practical course of study covering a period of at least two years; (c) and that has been approved by the board of regents of the University of California. (II) After January 1st, 1908, no person shall be eligible for examination or for registration as a registered nurse, unless: (n) He or she is at least twenty-one years of age; (b) He or she is a graduate of a training school approved by the board of regents of the University of California, and after said date no school shall be approved or remain on the list of schools approved by said board of regents, unless it is attached to a general hospital, and its course requires a three years' training in that hospital, provided that a train- ing school approved as aforesaid may graduate students who have spent a year therein subsequent to completing a two years' course in the training school attached to a special hospital. (HI) After January 1st, 1910, no person shall be eligible for examination or for registration unless he or she furnishes satisfactory evidence of having substantially completed the course of studies pursued in the grammar schools of the State of California, or an equivalent course. Sec. 6. The board of regents of the University of Cali- fornia shall have power to revoke any certificate of registra- tion for incompetency, dishonesty, intemperance, immorality or unprofessional conduct, after a full and fair investiga- 271 GENERAL LAWS. Acts 2509-2549 tion of the charges preferred against the accused. Prior to such hearing a written copy of such charges shall be fur- nished to the accused, who shall have at least twenty days' notice in writing of the time and place where such charge will be heard and determined. Sec. 7. Any person procuring registration under this act, by false representation or who shall refuse to surrender a certificate of registration which has been revoked as set out in this act, or who shall use the title of "registered nurse," or append the letters "E. N." or any other words, letters or figures to indicate that the person using the same is a registered nurse, unless such person shall be lawfully en- titled so to do, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than five days nor more than six months, or by both such fine and imprison- ment; provided^ liowevcr, that nothing in this act contained shall be construed to prohibit or affect that gratuitous nurs- ing of the sick, nor to nursing the sick for hire by a person who does not in any way assume to be a registered nurse. OAKLAND, CLCT 2500. Charter of. [Stats. 1889, p. 513.] Supp. Cal. Eep. Cit. 145, 421; 145, 422; 145, 423; 145, 425; 145, 427. OFFICEES. ACT 2547. To protect candidates for certain public offices, to prohibit certain acts by such candidates, and to provide a pun- ishment for infractions of this law. [Stats. 1897, p. 53.] Codified by amendment of Penal Code of 1905. See note to § 55a, Penal Code Supp. This act prohibited the pledging of candidates or the giving of pledges by candidates. This act appears in full in Political Code, 1903, Appendix, p. 1102. ACT 2549. To protect the wages of labor and the salaries and fees of subordinate officers. [Stats. 1871-2, p. 951.] Codified by amendments of Penal Code, 1905. See notes to §§ 74a, 653d, Penal Code Supp. Acts 2594-2631 SUPPLEMENT. 272 This act appears in full in the Appendix to the Penal Code, 1903, p. 634. It made it a felony to receive or retain a portion of the wages of laborers employed upon public works or the fees or salaries allowed to suburdinate officers. OEPHAN ASYLUMS. ACT 2594. In relation to the care of orphan and abandoned children. [Stats. 1873-4, p. 297.] Amended 1877-8, 72. Partly codified by amendment of Penal Code, 1905. See note to § 271a, Penal Code Supp. This act required the quarterly publication of the names of children admitted and also provided as to what constituted an aban- donment of children. ACT 2595. Appropriating money for support of orphans, half orphans, and abandoned children. [Stats. 1880, p. 15.] Amended 1883, 57. Supp. Cal. Kep. Cit. 139, 400; 139, 402; 139, 408. PAUPERS. ACT 2630. Appropriation for support of aged persons in indigent cir- . cumstahces. [Stats. 1883, p. 380.] Repealed 1895, 23. This act provided for a per capita appropriation for persona maintained in institutions. Supp. Cal. Eep. Cit. 138, 59. ACT 2631. An act to provide for the maintenance and support, in certain cases, of indigent, incompetent, and incapaci- tated persons (other than persons adjudged insane and confined within state hospitals), becoming a public charge upon the counties or cities and counties within the state of California, and for the payment thereof into a fund for the maintenance and support of such persons. [Approved March 23, 1901. Stats. 1901, p. 656.] Supp. Cal. Eep. Cit. 143, 70. 273 GENERAL LAWS. Act 2G64 PHAEMACY. ACT 2004. An act to regulate tlie practice of pharmacy in the State of California. [Approved March 20, 190o. Stats. 1905, p. 535.] Section 1. From and after the passage of this act it shall be unlawful for any person to manufacture, compound, sell, or dispense any drug, poison, medicine or chemical, or to dispense or compound any prescription of a, medical prac- titioner, unless such person be a registered pharmacist or a registered assistant pharmacist within the meaning of this act, except as hereinafter provided. Every store, dis- pensary, pharmacy, laboratory or oflice for the sale, dis- pensing or compounding of drugs, medicines or chemicals, or for the dispensing of prescriptions of medical practition- ers, shall be in charge of a registered pharmacist. A reg- istered assistant pharmacist may be left in charge of a store, dispensary, pharmacy, laboratory or office for the sale, dis- pensing, or compounding of drugs, medicines or chemicals or for the dispensing of prescriptions of medical practition- ers only during the temporary absence of the registered pharmacist. Temporary absence within the meaning of this act shall be held to be only those unavoidable absences which may occur during a day's work, and when the regis- tered pharmacist in charge shall be within immeiiate call, ready and able to assume the direct supervision of said pharmacy. No registered assistant shall conduct a phar- macy. Every store or shop where drugs, medicines or chemi- cals are dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded, which has upon it or in it as a sign, the words ''pharmacist," "phar- maceutical chemist," "apothecary," "druggist," "phar- macy," 'drugstore," "drugs," or any of these words, or the characteristic show-bottles or globes, either colored or filled with colored liquids, shall be deemed a "pharmacy" within the meaning of this act. Sec. 2. Any person in order to be a registered pharmacist must be a licentiate in pharmacy, or a practicing pharma- cist. Sec. 3. Licentiates in pharmacy are persons who have had five years' experience in stores where the prescriptions of medical practitioners are compounded, and shall have passed an examination before the state board of pharmacy, Act 2G64 SUPPLEMENT. 274 or wlio shall present satisfactory evidence to the said board that they have had twenty years' actual experience in the practice of pharmacy; provided, that graduates from a repu- table college of pharmacy may be registered after eigh- teen years of like experience. Practicing pharmacists are persons, "who at the passage of this act, are registered as such, and who shall have on or before the first day of Janu- ary next succeeding the passage of this act paid to the board of pharmacy of this state all moneys dvie for renewal of registration as required by the acts of the legislature regulating the practice of pharmacy in the State of Cali- fornia, approved March 11th, 1891, and March loth, 1901. Sec. 4. Eegistered assistant pharmacists are persons who at the time of the pa.ssage of this act are already registered as such, and who shall have on or before the first day of January next succeeding the passage of this act paid to the board of pharmacy of this state all mioneys due for renewal of registration as required by the acts of the legislature regulating the practice of pharmacy in the State of Califor- nia, approved March llth, 1S91, and March 15th, 1901; pro- vided, that no person shall be examined or registered as a licentiate, unless such person has had five years' pharma- ceutical experience in a pharmacy under the supervision of a registered pharmacist; and provided further, that no per- son shall be examined or registered as an assistant pharma- cist from and after the passage of this act; unless such per- son shall be not less than eighteen years of age and has had not less than three years instruction and experience in a pharmacy, under a registered pharmacist; or has been regis- tered as an apprentice as provided in section 15 of this act for not less than three years; and, provided further, that an applicant for registration as an assistant pharmacist must first pass a satisfactory examination before the board of pharmacy. Sec. 5. The governor shall appoint seven competent regis- tered pharmacists, residing in different parts of the state, to serve as a board of pharmacy. The members of the board shall, within thirty (30) days after their appointment, in dividually take and subscribe before the county clerk, in the county in which they individually reside, an oath faith- fully and impartially to discharge the duties prescribed by this act. They shall hold office for the term of four (4) years, and until their successors are appointed and have 275 GENERAL. LAWS. Act 2664 qualified. In case of vacancy in the board of pharmacy, the governor shall fill the same by appointing a member to serve for the remainder of the term only. The office of the board shall be located in San Francisco. The board shall organize by electing a president, a secretary, and a treas- urer. The secretary may or may not be a member of the board as the board in its sound discretion shall determine. The secretary and treasurer shall each give a satisfactory bond running to the board of pharmacy in a sum of not less than two thousand dollars, and such greater sum as the board may from time to time, require for the faithful dis- charge of their respective duties. Sec. 6. It shall be the duty of the secretary to keep a book of registration open at the city of San Francisco, in which shall be entered under the supervision of the board, the names, titles, qualifications, and places of business of all persons coming under the provisions of this act. The secretary shall give receipts for all moneys received by him and pay the same to tTie treasurer of the board, taking his receipt for the same. The treasurer shall disburse the same by order of the board for necessary expenses, taking proper vouchers therefor. The balance of said money, after pay- ing the expenses of the board, he shall pay to the state treasurer, who shall keep it in a special fund to be used in carrying out the provisions of this act. It shall be the duty of the secretary of the board to erase from the register the name of any registered pharmacist or assistant pharmacist who has died, or who in the opinion of the board has for- feited his right under the law to do business in this state. Besides the duties required by this act, it shall be the duty of the secretary to perform such other reasonable duties appertaining to his office, as may be required of him by the board of pharmacy. The secretary shall receive such com- pensation as may be fixed by the board of pharmacy, if he be a member of the board, then such compensation shall be in addition to his per diem as a member of said board. Sec. 7. Four members of the board shall constitute a quorum. They shall meet at least quarterly. Poicers and duties of the 'board. Subdivision 1. The state board of pharmacy shall have power: («) To make such by-laws and regulations, not inconsis- tent with the laws of this state, as may be necessary for Act 2664 SUPPLEMENT. 275 the protection of the pulslic, appertaining to the practice of pharmacy and the lawful performance of its duties. (6) To regulate the practice of pharmacy. (c) To regulate the sale of poisons. (d) To regulate the quality of all pharmaceutical prepa- rations and medicines dispensed or sold in this state, using the United States Pharmacopoeia as the standard. (e) To investigate all complaints as to the quality and strength of all pharmaceutical preparations and medicines, and to take such action as may be necessary to prevent the sale of such as do not conform to the standard and tests prescribed' in the latest edition of the United States Phar- macopoeia. (f) To employ inspectors of pharmacy, and to inspect during business hours all pharmacies, dispensaries, stores or places in which drugs, medicines and poisons are com- pounded, dispensed or retailed, and to cause the prosecution of all persons whenever there appears to the board to be reasonable grounds for such action. (g) To examine and register as pharmacists and assistant pharmacists all applicants whom it shall deem qualitied to be such. All persons applying for registration, under this act, shall pay the following fees therefor to the secretary of the board of pharmacy: Applicants for registration on experience and credentials, upon being registered as such, $20.00; for examination' as licentiate, whether the applicant is successful or not, $5.00; for assistants applying for a licentiate's certificate under section 4 of this act, $5.00. If registration be granted, each of such persons shall be fur- nished with a certificate of registration, signed by the secre- tary, and the members of the board. Sec. 8. Ko member of the board shall teach pharmacy in any of its branches, unless it be as a teacher in a public capacity and in a college of pharmacy. The members of the board of pharmacy shall each be paid the sum of eight dollars per diem for every meeting of the board which they attend, together with their necessary expenses, and mileage at the rate of five cents per mile for each mile necessarily traveled. All compensation of members and all other ex- penses of the board, shall be paid out of the examination and registration fees and fines. Sec. 9. Every registered pharmacist, and every assistant pharmacist, who desires to retain his registration on the books of the board of pharmacy in this state, shall annually, 277 GENERAL LAWS. Act 2364 after the expiration of the first year's registration and on or before the first day of July of each succeeding year, pay to the secretary of the board of pharmacy, a renewal fee, to be fixed by the board, which shall not exceed two dollars for registered pharmacists, and one dollar for assistant pharmacists, in return for which fee a renewal certificate of registration shall be issued. In case any person defaults in the payment of said fee, his registration may be revoked by the board of pharmacy on sixty days' notice, in writing from the secretary, unless within said time the fee is paid, together with such penalty not exceeding ten dollars, as the board may impose. IJpon payment of said fee and penalty, the board must reinstate the delinquent's registra- tion. No person having received, or who may hereafter receive a certificate of registration as a pharmacist, or as- sistant pharmacist, shall engage in business as a pharmacist or assistant pharmacist, in any county of this state in which he shall locate, or into which he shall afterward remove, until he shall have had such certificate recorded in the office of the county clerk of such county, and it is hereby made the duty of the county clerk to record such certificate in a book to be provided and kept for that purpose, and the county clerk is authorized to charge a fee of fifty cents for the recording of such certificate — to be paid by the person offer- ing such certificate for record. Every pharmacist or as- sistant pharmacist holding a certificate of registration as a pharmacist, or assistant pharmacist, and being engaged in business as a pharmacist, or assistant pharmacist, shall have such certificate recorded, as is in this section provided, within thirty da.ys after the taking effect of this act. The record of the certificate required by this section, or a certi- fied copy thereof, shall be evidence in all courts that the person holding it, was registered as evidenced by said cer- tificate on the date of the same. Any registered pharmacist or assistant pharmacist failing to comply with the foregoing provisions shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five dollars nor more than twenty-five dollars. Upon the certifi- cate being recorded, as herein provided, it shall be the duty of the county clerk to notify the secretary of the board of pharmacy of the name of the party and the date of such record. Sec. 10. Every person tipon receiving a certificate of registration under this act, or who has heretofore received General Laws — 24 Act 2664 SUPPLEMENT. 278 a certificate of registration in this state, shall keep his last receipt for re-registration, conspicuously exposed in his place of business. Every registered pharmacist, and assis- tant pharmacist, shall within thirty days after the changing of his place of business as designated on the books of the board of pharmacy, notify the secretary of the board of his new place of business, and upon receipt of said notification, the secretary shall make the necessary change in his regis- ter. Sec. 11. Every proprietor or manager of a pharmacy cr drug-store shall be held responsible for the quality ()f all drugs, chemicals and medicines sold or dispensed by him, except those sold in the original package of the manufac- turer, and except those articles or preparations known as patent or proprietary medicines. Any person who shall knowingly, willfully, or fraudulently, falsify, or adulterate or cause to be falsified or adulterated, any drug or medi- cinal substance, or any preparation authorized or recog- nized by the pharmacopoeia of the United States, or used, or intended to be used in medical practice, or shall mix, or cause to be mixed, with any such drug or medicinal sub- stance, any foreign or inert substance whatever, for the purpose of destroying or weakening its medicinal power and effect, or of lessening its cost, and shall willfully, knowingly, or frauduleutly sell the same, or cause it to be sold, for medicinal purposes, shall be guilty of a misde- meanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars, and not more than two hundred dollars, or by imprisonment for not less than fifty days and not more than two hundred days, or by both such fine and imprisonment. Every registered pharmacist shall file, or cause to be filed, all physicians' prescriptions, or a copy thereof, compounded or dispensed in his pharmacy or store. They shall be preserved for at least two years, and he shall furnish a correct copy of any prescription, only under the order or request of the physician writing the same. Any person who shall willfully violate any of these provisions shall be guilty of a misdemeanor and upon con- viction thereof shall be liable to a fine not exceeding fifty dollars; and for each subsequent offense shall be liable to a fine of not less than fifty dollars, and not more than one hundred dollars. The state board of pharmacy may at any time when in their judgment it appears advisable, deputize one of their members, or any other competent per- 279 GENERAL LAWS. Act 26G4 son to investigate any suspected violation of any of the provisions of this act and if the result of such investiga- tion seems to the board to justify such action, the board shall cause the prosecution of any person violating any of the provisions of this act. Sec. 12. Any person who shall attempt to procure regis- tration for himself or any other person under this act by making or causing to be made any false representations, or who shall fraudulently represent himself to be registered, shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be liable to punishment by a fine not exceeding one hundred dollars, or by imprisonment for a term not exceeding fifty days, or by both such fine and im- prisonment. Any person who shall permit the compound- ing or dispensing of prescriptions of medical practitioners, or the selling of drugs and medicines, in his store or pharmacy by persons not registered, except under the direct supervision of a registered pharmacist, or any per- son not registered who shall retail medicines or poisons or chemicals, except in a pharmacy under the direct supervi- sion of a registered pharmacist, or any person violating any of the provisions of this act, when no other penalty is provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be liable to punishment by a fine not less than twenty dollars, and not more than one hundred dollars, or by imprisonment for a term not exceed- ing fifty days, or by both such fine and imprisonment. All fines recovered under this act, shall be paid by the magis- trate receiving the same, to the state board of pharmacy. Any person convicted of violating the provisions of this act a third time, shall in addition to the penalties' herein- before mentioned have his registration as a pharmacist canceled. Nothing in this act shall apply to or interfere with any practitioner of medicine, who is duly registered as such by the state board of medical examiners of this state, with supplying his own patients, as their physician, and by them employed as such, with such remedies as he may desire, and who does not keep a pharmacy, open shop, or drug-store, advertised or otherwise, for the retailing of medicines or poisons, nor does this act apply to the exclu- sively wholesale business of any dealer, nor do general dealers come under the provisions of this act, in and so far as it relates to the keeping for sale of proprietary medi- cines, in original packages. Nor does this act apply to Act 2664 SUPPLEMENT. 380 registered or copyrighted proprietary medicines registered in the United States patent office, nor to the manufacture of proprietary remedies or the sale of the same in original packages, by persons other than pharmacists. Sec. 13. Any proprietor of a pharmacy, who not being a registered pharmacist, shall fail or neglect to place in charge of such pharmacy a registered pharmacist, or any such proprietor who shall by himself, or any other person, permit the compounding or dispensing of prescriptions, or the vending of drugs, medicines, or poisons, in his store or place of business, except by or in the presence and under the direct supervision of a registered pharmacist, or any person, not being a registered pharmacist, who shall take charge of or act as manager of such pharmacy, or store, or who, not being a registered pharmacist, retails, compounds, or dispenses drugs, medicines, or poisons, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to a fine of not less than twenty dollars, and not more than one hundred dollars, or by imprisonment for a term not exceeding fifty days, or to both such fine and imprisonment. Sec. 14. Any member of the board of pharmacy may examine applicants orally or in writing, and issue a tem- porary certificate to practice pharmacy, which shall author- ize such practice and be valid, not to exceed three months from its date. Only one temporary certificate shall ever be issued to the same applicant, and no temporary certifi- cate shall be granted to any person whose application has been acted upon by the board. The member conducting such examination as herein set forth, shall be entitled to charge and receive the snm of three dollars for his ser- vices, said moneys to be paid to the secretary for the board of pharmacy. Sec. 15. It shall be the duty of all registered pharma- cists who take into their employment an apprentice, whose purpose is to become a pharmacist, to report to the board of pharmacy such facts regarding his schooling and pre- liminary qunlifications as the board of pharmacy may re- quire, for the purpose of registration as an apprentice. The board of pharmacy shall adopt a standard of qualifi- cations regarding schooling and preliminary education for all persons desiring to be regarded as apprentices, as pro- vided for in this section. The pharmaceutical experience of every apprentice shall, after the passage of this act, be deemed to begin on the date on which he began the study 281 GENERAL LAWS. Act 2G64 of pharmacy, and such date shall be inserted in the certifi- cate of registration of said apprentice, provided the pre- liminary qualifications' have been found satisfactory by the board. Sworn testimony shall be furnished the board upon which they shall determine the date as aforesaid. The date so determined and entered as aforesaid, shall be deemed to be the beginning of the applicant's pharmaceuti- cal experience for the pui'poses of this act; provided, that students matriculated and attending any reputable college of pharmacy, shall be registered as apprentices, upon such fact being shown. The board of pharmacy shall keep a register for the registration of apprentices and furnish on application, proper blanks for this purpose. No apprentice shall be permitted to sell drugs, or medicines, or compound prescriptions, except under the direct, immediate, and per- sonal supervision of a registered pharmacist. No regis- tered apprentice shall ever be left in charge of a pharmacy. Sec. 16. The board of pharmacy may in its discretion, issue a permit to general dealers in rural districts, in which the conditions, in their judgment, do not justify the em- ployment of a registered pharmacist, and where the store of such general dealer is not less than five miles distant from the store of a registered pharmacist; which said per- mit shall authorize the person or firm named therein to sell such ordinary drugs and ordinary household remedies, and in such manner and form, as the board may from time to time specify, in said district but not elsewhere, under such regulations and restrictions as said board may from time to time adopt. The board shall charge an annual fee of twelve dollars, in advance, for such permit, and it shall be unlawful for any dealer to sell any diiigs or ordinary household remedies, without complying with the require- ments of this section. Whenever a registered pharmacist shall establish a pharmacy within five miles, by the shortest road, from the place of business of such general dealer, no further license shall be granted, and the license already issued shall become void; and the board shall re- fund to said general dealer the proper proportion of the unexpired license-fee paid to the board of pharmacy. See. 17. It shall be the duty of the board of pharmacy, by resolution, at least annually to request of the chief of police or marshal of every incorporated city in this state, a list of all drug-stores, together with the names of the owners, managers, and all employes in said stores, and a Act 2G65 SUPPLEMENT. 282 brief statement of the capacity in whicli said persons are employed in said stores. Upon such request in writing, it shall be the duty of the chief of police or marshal of said city, to require the patrolmen under his command, upon their respective beats, to obtain such list as is in this sec- tion specified, and deliver the same to the board of pharmacy. It shall be the duty of the owner or manager of any drug-store when called upon by an officer as above set forth, or by a member of the board of pharmacy, to furnish said officer or member of the board of pharmacy with the information required. Any person refusing to furnish information, or willfully furnishing information that is false and untrue, shall be deemed guilty of a mis- demeanor, and upon conviction thereof, shall be punished by a fine of not less than ten dollars and not more than twenty dollars, or by imprisonment for not less than ten days, and not more than twenty days, or by both such fine and imprisonment. Sec. 18. The several penalties prescribed in this act may be recovered in any court having jurisdiction, by a civil action instituted by the board of pharmacy, in the name of the State of California, or by criminal prosecu- tion upon complaint being made; and it shall be the duty of the district attorney of the county wherein violations of the provisions of this act occur, to conduct all such ac- tions and prosecutions at the request of the board. Sec. 19. All persons registered under this act shall be exempt and free from jury diity. Sec. 20. This act shall take effect July 1, 1905, and all laws in conflict with this act, (in and so far as they con- flict) are hereby repealed. ACT 2065. An act to regulate the work and hours of employes en- gaged in selling, at retail, drugs and medicines, and compoundiug physieinns' prescriptions, and providing a penalty for the violation thereof. [Approved February 28, 1905. Stats. 1905, p. 2S.] Section 1. As a measure for the protection of public health, no person employed by any person, firm or corpora- tion, shall for more than an average of ten hours a day or sixty hours a week of six consecutive calendar days, per- form the work of selling drugs or other medicines, or com- 283 GENERAL LAWS. Acts 2G67-2741 pounding physicians' prescriptions, in any store, establish- ment or place of business, where and in which drugs or medicines are sold, at retail, and where and in which physicians' prescriptions are compounded; provided that the answering of and attending to emergency calls shall not be construed as a violation of this act. Sec. 2. No person, firm or corporation employing another person to do work which consists wholly or in part of sell- ing, at retail, drugs or medicines, or of compounding physi-, cians' prescriptions, in any store, or establishment or place of business where or in which medicines are sold and where and in which physicians' prescriptions are com- pounded shall require or permit said employed person to perform such work for more than an average of ten hours a day, or sixty hours a week of six consecutive calendar days. Sec. 3. Any person, firm or corporation violating any of the provisions of this act shall be deemed guilty of mis- demeanor and shall be punished therefor by a fine not lesa than twenty dollars nor more than fifty dollars, or by im- prisonment for not exceeding sixty days, or by both such fine and imprisonment, at the discretion of the court. Sec. 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed, ACT aeer. An act to regulate the practice of -pharmacy and sale of poisons in the State of California. [Stats. 1901, p. ^ 299.] Probably superseded by act of 1905, p. 535, to reflate the practice of pharmacy. See ante, Act 2664. This act appears in full in General Laws, 1903, p. 985. POISONS. A.CT 2733. To regulate the sale of certain poisonous substances. [Stats. 1880, p. 102.] Codified by amendment of Penal Code, 1905. See note to i 347a, Penal Code Supp. This act appears in full in the Appendix to the Penal Code, .903, p. 641. POLICE COURTS. lCT 2741. Ln act to establish police courts in cities of the first and one half class, to fix their jurisdiction and provide for Acts 2742-2776 SUPPLEMENT. 284 officers of said courts and fix the compensation of cer- tain officers thereof. [Stats. 1901, p. 95.] Amended 1903, 320, 335; 1905, 41. This act, with the exception of the amendment of 1905, appears in full in General Laws, 1903, p. 997. ACT 2743. An act to establish police courts in cities of the second class, to fix their .iurisdiction, and provide for officers of said courts, and fix the compensation of certain officers thereof. [Stats. 1901, p. 576.] Amended 1905, 634. This act, with the exception of the amendment of 1905, appears in full in General Laws, 1903, p. 1000. PEESTON SCHOOL OF INDUSTEY. ACT 2753. To establish the Preston school of industry, and to pro- vide for the management and maintenance of the same. [Stats. 18S9, p. 100.] Amended 1893, 39. This act appears in full in Penal Code, 1903, Appendix, p. 657. Supp. Cal. Eep. Cit. 138, 493 j 138, 494; 138, 495. ACT 3755. To prevent evil-disposed persons from coming upon the grounds of the "Whittier state school or the Preston school of industry. [Stats. 1895, p. 92.] In full in Penal Code, 1903, Appendix, p. 688. See post. Act 4409. PEISONS. ACT 2763. To regulate and govern the state prisons. [Stats. 1889, p. 404.] Amended 1905, 520. The amendment of 1905 incorporates § 1593, Penal Code. See note to § 1573, Penal Code Supp. This act, with the exception of the amendment of 1905, appears in full in Penal Code, 1903, Appendix, p. 691. Supp. Cal. Eep, Cit. 145, 186; 145, 187; 145, 188; 145, 189. ACT 3776. An act to establish a state hospital for the care, custody and maintenance of insane convicts and certain other 285 GENERAL LAWS. Acts 2777-2793 insnne persons charged with the commission of a felony, near Folsom, California, and to provide for the government and management thereof, and to direct the expenditure of money heretofore appropriated by an act entitles! ' ' An act to provide for the erection at Polsom State Prison of a building for the accommoda- tion of insane prisoners, and making an appropriation therefor," approved March 36, 1903, and declaring that the same may be used and expended for the purposes of this act, and making an additional appropriation of fifteen thousand dollars for certain improvements. [Approved March 18, 1905. Stats. 1905, p. 229.1 ACT 2777. An act making an appropriation for the erection and con- struction of additional cells at the state prison at Fol- som, the erection of a wall around said prison, the purchase of necessary cement, derricks and tools and other expenses incidental and relating to the purposes in this act mentioned. [Approved March 18, 1905. Stats. 1905, p. 178.] ACT 2778. An act making an appropriation for the erection and con- struction of additional cells at the state prison at San Quentin, for the purchase of powder, tools and ap- pliances for excavating, the erection of machine shops, the installation of a new pipe line, the construction of iron tanks, the erection and extension of a wall around said prison, the purchase of electrical apparatus, and providing additional accommodations for prisoners at the state prison at San Quentin and for other expenses incidental and relating thereto. [Approved March 18, 1905. Stats. 1905, p. 203.] PEOSTITUTION, ACT 2796. To prevent the placing, keeping, or leaving of married women in houses of prostitution. [Stats. 1891, p. 285.] Codified by amendment of Pene deposited in any one bank, and provided further, that such deposit shall not exceed twenty-five p'^^' '^•^°t of the paid-up capital, exclusive of reserve and surplus, of any depositary bank. Any and all bids may be rejected by the treasnrer, with the approval of the governor and state controller, and new bids asked for. The expense of transportation of moneys to and from the state treasury to such depositaries shall be borne by such depositaries. Said deposits, with interest thereon, shall be subject to withdrawal at any time upon the demand of the state treasurer, or upon presentation of a certificate of deposit properly indorsed. Sec. 2. The interest to be paid by any such depositary bank shall be on the average daily balances of the state moneys kept on deposit therewith, and shall be paid and credited to the state monthly on the first day of each and every month, and such interest shall accrue to the general fund of the state treasury. Act 4134 SUPPLEMENT. 324 Sec. 3. For the security of the funds deposited by the state treasurer under the provisions of this act, there shall be deposited with the treasurer bonds of the United States, or of this state, or of any county, municipality or school district within this state, which bonds shall be approved by the governor, controller and treasurer, to an amount in value at least 10 per cent in excess of the amount of the deposit with such bank or banks; and if in any case, or at any time, such bonds are not deemed satisfactory security to the governor, controller and treasurer, they may require such additional security as may be satisfactory to tliem. Said bonds or any part thereof may be withdrawn on the written consent of the governor, controller and treasurer; provided, that a sufficient amount of said bonds to secure said deposits shall always be kept in the treasury; and in the event that said bank or banks of deposit shall fail to pay such deposits or any part thereof on the demand of the state treasurer, or upon any presentation of a certificate of deposit properly indorsed, then it shall be the duty of the state treasurer to forthwith convert said bonds into money and to disburse the same according to law. Sec. 4. The treasurer shall take from such depositary or depositaries a written contract, in duplicate setting forth the conditions and terms upon which the funds of the state are deposited therewith, one of which shall be filed with the controller. One provision of said contract shall be that each depositary shall at the end of each month render to the treasurer a statement in duplicate showing the daily bal- ances or amount of money of the state held by it during the month and the amount of the accrued interest thereon separately, one of which shall be filed by the treasurer with the controller. The treasurer shall annually on the first day of July furnish each depositary bank with a state- ment shov/ing the amount and description of the bonds on deposit with him by such bank to secure state deposits. Sec. 5. The treasurer, with the approval of the governor and controller, shall, if in his judgment it shall appear neces- sary for the security of the state, require said banks of de- posit to give an indemnity bond, the sureties on which shall not be interested as stockholders in said bank or banks, to be approved by the governor, controller and treasurer, to secure the state against loss by any depreciation in value that may occur in such bonds held by him as security for 325 GENERAL LA'WS. Acts 4253-4257 the safe-keeping and prompt payment of the state moneys in such depositaries. Sec. 6. The state treasurer shall not be responsible for any moneys deposited in a bank or in banks under the pro- Tisions of this act while the same remain there deposited with the consent of the governor and controller; but the treasurer shall be chargeable with the safe-keeping, manage- ment and disbursement of the bonds and certificates of de- posit deposited with him as security for deposits of state moneys, and with the interests thereon, and the proceeds of any sale under the provisions of this act. Sec. 7. At the time of depositing state moneys in any bank designated as a depositary the treasurer shall take a certificate or certificates of deposits made payable to the treasurer of state in such sum or sums as he shall deem ad- visable. Such certificate or certificates of deposit in the possession of the treasurer shall be deemed and counted as cash by the state board of examiners. Controller 's war- rants drawn upon the state treasury may be paid by such certificates of deposit when properly indorsed by the treas- urer the same as in cash. Sec. 8. All acts or parts of acts in conflict with this act are hereby expressly repealed. Sec. 9. 'This act shall take effect on July 1, 1905. UXIVEESITY OF CALIFOEXIA, ACT 4253. Intoxicating liquors, prohibiting sale of within two miles of. [Stats. 1873-4, p. 12.] Superseded by Penal Code, § 172, as amended April 3, 1876. Codified by amendment of Penal Code, 1905. See note to § 172, Penal Code Supp. ACT 4256. An act authorizing the board of regents of the University of California to exchange the tract of land now consti- tuting the Santa Monica Forestry Station. [Approved March 20, 1905. Stats. 1905, p. S69.] ACT 4257. An act to create a department of music in the university of the State of California; to provide a professorship of music and to appropriate money therefor. [Approved March 22, 1905. Stats. 1905, p. 801.] General laws— 28 Acts 4258-4283 SUPPLEMENT. S26 ACT 425S. An act providing for the establishment and maintenance of a pathological laboratory, for the investigation of tree and plant diseases and pests, and branch agricultural experiment station, and making an appropriation there- for. [Approved March 18, 1905. Stats. 1905, p. 249.] ACT 4259. An act authorizing the regents of the University of Cali- fornia to hold farm.ers' institutes, making an appro- priation therefor, and prescribing the duties of the con- troller and treasurer in relation thereto. [Approved March 18, 1905. Stats. 1905, p. 225.] ACT 4260. An act to establish and maintain a state hygienic labora- tory for bacteriological and chemical analysis for the use of the state board of health, providing for the ap- pointment of a director thereof, and assistants; making an appropriation therefor and prescribing the duties of the state controller and state treasurer in relation thereto. [Approved March 18, 1905. Stats. 1905, p. 209.] ACT 42eOa. An act providing for the purchase of a university farm for the use of the college of agriculture of the University of California; providing for the appointment of a com- mission to select and purchase said farm, providing for a school of agriculture and a system of instruction on said farm and appropriating money therefor. [Ap- proved March 18, 1905. Stats. 1905, p. 131.] VALLEJO. ACT 4265. Charter of. [Stats. 1899, p. 370.] Supp. Cal. Eep. Cit. 139, 168. VETERANS' HOME. ACT 42S3. To accept from the veterans' home association the convey- ance of, and to vest the title in the state of California, to the tract of land in Napa County known as the vete- rans' home, with the improvements and furnishings 327 GENERAL LAWS. Acts 4286-4318 thereon, to make the same a state home for United States soldiers, sailors, and marines, and to provide for the government thereof by the state. [Stats. 1897, p. 106.] Amended 1903, 321; 1905, 471. ACT 42S6. Appropriation for the support of indigent persons residing in Veterans' Home. [Stats. 1883, p. 55.] Amended 1887, 6; 1893, 214; 1889, 147; 1901, 275; 1905, 191. ACT 43S9. An act to authorize and provide for the transfer of the Veterans' Home of California, its property, manage- ment, control and support to the government of the United States, its officers and authorities, to be con- ducted as a national home under such laws as now ex- ist or which may hereafter be enacted by congress; and for the conveying of the property of said home, both real and personal, belonging to the State of Califor- nia, situate in Napa County, to the government of the United States, for such purpose. [Approved March 20, 1905. Stats. 1905, p. 495.] ACT 4290. An act authorizing the directors of the Veterans' Home of California to purchase and take over, for the State of California, to be used and controlled by said board in the interests of the Veterans' Home of California, a certain piece of land adjoining the premises of the said Veterans' Home of California in the county of Napa, and appropriating the sum of three thousand dol- lars to pay for the purchase of the same. [Approved March 18, 1905. Stats. 1905, p. 167.] WAEEHOUSES. ACT 4318. Eelating to warehouse and wharfinger receipts and other matters pertaining thereto. [Stats. 1877-8, p. 949.] This act appears in full in Civil Code, 1903, Appendix, p. 778. Codified by amendments of Civil Code, 1905. See note to § 1858, Civil Code Su])p. See post, Act 4319. Act 4319 SUPPLEMENT. 328 ACT 4319. An act concerning warehouse receipts, and the issuing, sale and transfer thereof, and the sale of goods, wares and merchandise stored in public or private warehouses in other states. [Approved March 20, 1905. Stats. 1905, p. 322. Section 1. That it shall be. unlawful for any corporation, firm or person, their agents or employes, to issue, sell, pledge, assign or transfer in this state, any receipt, cer- tificate or other written instrument purporting to be a warehouse receipt, or in the similitude of a ware- house receipt, or designed to be understood as a ware- house receipt, for goods, wares or merchandise stored or deposited, or claimed to be stored or deposited, in any warehouse, public or private, in any other state, unless such receipt, certificate or other written instrument, shall have been issued by the warehouseman operating such warehouse. Sec. 2. It shall be unlawful for any corporation, firm or person, their agents or employes, to issue, sell, pledge, as- sign or transfer in this state, any receipt, certificate or other written instrument for goods, wares or merchandise claimed to be stored or deposited, in any warehouse, public or private, in any other state, knowing that there is no such warehouse located at the place named in such receipt, certificate or other written instrument, or if there be a warehouse at such place, knowing that there are no goods, wares or merchandise stored or deposited therein as speci- fied in such report, certificate or other written instrument. Sec. 3. It shall be unlawful for any corporation, firm or person, their agents or employes, to issue, sign, sell, pledge, assign or transfer, in this state, any receipt, certificate or other written instrument evidencing, or purporting to evi- dence, the sale, pledge, mortgage or bailment of any goods, wares or merchandise stored or deposited, or claimed to be stored or deposited, in any warehouse, public or private, in any other state, unless such receipt, certificate or other written instrument shall plainly designate the number and location of such warehouse, and shall also set forth therein a full, true and complete copy of the receipt issued by the warehouseman operating such warehouse wherein such goods, wares or merchandise are stored or deposited, or are claimed to be stored or deposited: Provided, that the pro- visions of this section shall not apply to the issue, signing. I •329 GENERAL LAWS. Acts 4347, 4352 sale, pledge, assignment or transfer of bona fide warehouse receipts issued by the warehouseman operating public or bonded warehouses in other states, according to the laws of the state wherein such warehouses may be located. Sec. 4. Every corporation, firm or person, agent, or em- ploye, who shall knowingly violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than fifty nor more than one thousand dollars, to which may be added imprisonment in the county jail for any period not. exceeding six months. WATER COMPANIES. ACT 4347. Eegulating and controlling the sale, rental and distribution of appropriated water in this state other than in any city, city and county, or town therein, and to secure the rights of way for the conveyance of such water to the place of use. [Stats. 1885, p. 95.] Amended 1897, 49; 1901, 80. This act appears in full in Civil Code, 1903, Appendix, p. 781'. Supp. Cal. Eep. Cit. 139, 28. WATEES. ACT 4353. An act to provide for the joint investigation with the federal government of the water resources of the state, and the best methods of preserving the forests thereof; and to make an appropriation for the expenses of such in- vestigations. [Approved March 18, 1905. Stats. 1905, p. 152.] Section 1. The state board of examiners are hereby em- powered to enter into contracts with the director of the United States Geological Survey for the purpose of making topographic maps to the extent of thirty thovisand dollars; also for the purpose of gauging streams, determininr under- ground water supplies, surveying reservoir sites au. canal locations, for the conservation and utilization of waters of the state, to the extent of twenty thousand dollars; also for the purpose of investigating the economic quality and purity of the water of the state, to the extent of one thou- sand dollars, provided, no work of the nature heretofore stated shall be done where the same will interfere with the Act *S.>a STPPLEMENT. ?S0 vr^ter stl«>javly appropriatovl or in rt»S!orvv\irs or now in use tor irrig^ation pwrpo^^s, or doniostie purpxvses. under the laws of this state: also with the chief of the Bureau of Forestry of the IVpartiuent of Agrioultur* for the purpose of studyinsr th# forT>st ' - " ~ -"f the state and their prv-'per conserva- tion, and t - with a view of formulatinir a proper state fvire^'.r. .. ... -. to the extent of ten thousand dollars: also with the director of the Office of Experiment Stations of the Dei^a^t^nent of Asrriculture for the purjxvse of ascer- taining tie best methiHls of distributing and using the •water." to the extent of fifteen thousand dollars, pt-vri^<^i, kovrrtr, that these expenditures for such purposes shall not be in excess of the amonnts to be expended bv the various depaxtnients of the federal gv>vernment in eollaboration with the specific work nanievl aK">ve; attd provided fmrlMer, that in case any of tie departments of the federal govern- ment aK^ve mentioned do not contribtite these funds for said co-operation, that tie state K>ard of examiners shall have power to enter into suci contracts as may seem best to them witi the lawfully authori-ed representatives of any of tie departments of tie feo.t-ral government for the ex- penditure of said remaining baiance: amd |»n>r«d -third class. Act 837, § 200, sub. 1. Counties of forty-fourth class, Act 837, § 201, sub. 1. Counties of forty-sixth class, Act 837, § 203, sub. 1. COUNTY CLERK— DAIRIES. 345 Counties of forty-eighth class, Act 837, § 205, sub. 1. Counties of forty-ninth class, Act 837, § 206, sub. 1. Counties of fiftieth class, Act 837, § 207, sub. 1. Counties of fifty-first class, Act 837, § 208, sub. 1. Counties of fifty-third class. Act 837, § 210, sub. 1. Counties of fifty-fourth class, Act 837, § 211, sub. 1. County officer, is, Act 837, § 55. Deputies, additional on creation of new judgeships, Act 837, § 215. COUHTS. Juvenile court: See Juvenile Court. Police: See Police Courts. Recorders: See Recorder's Courts. COYOTES. Bounties on coyote scalps. Act 851, Scalps, actions against state for bounties authorized, Act 3792. CRAKES, blue, capture and destruction, prevention of, Act 1316. CRIMINAL LAW: See Bureau of Criminal Identification. Pees of certain city officers not a county charge, Act 1125. Juvenile court: See Juvenile Court. Preston School of Industry, Act 2753. Prostitution: See Prostitution. Statistics of crime: See Labor Bureau. Whittier State School: See Whittier State School. CRUELTY TO ANIMALS, prevention of. Act 871. CRUELTY TO CHILDREN, incorporation of societies for prevention of, Act 1618. CUBIC AIR LAW. Number of cubic feet for each lodger, Act 1966. DAIRIES. Butter: See Butter. Deception in sale of products, prevention of. Act 876. Diseases, prevention of spread of amongst stock. Act 877. District attorney to prosecute offenses under dairy" law. Act 876. Inspection of, Acts 876, 877. Misdemeanor, violation of provisions of dairy law. Act 876. Sale of milk belonging to diseased cows, prevention of, Act 877. Sale of products from unhealthy animals, prevention of. Act 876. 846 DAIRIES— DISTRICT ATTORNEY. Sale of products produced under unsanitary conditions, prevention of, Act 876. Unsanitarv' when. Act 876. DEATH. Burial permits, issuance and registration of, Act 879. Disinterment permits: See Deaths. Kegistrar of statistics, who to act as in cities. Act 2348, § 9. Eegistration districts, establishment in cities and counties, Act 879. Eegistration, act providing for, Act 879. Eegistration of, act governing, Act 879. Eegistration, registrars, coroners, physicians and under- takers, etc., duties and powers. Act 879. Statistics of: See Labor Bureau. DEBRIS COMMISSIONERS, appointment, duties and com- pensation of, Act 898. DEEDS. Conveyances by persons whose names are changed, Act 904. DEFINITIONS. Boulevards, Act 1449. DENTISTRY, better education of practitioners in, provi- sion for. Acts 921, 922. Penalties for violation of law regulating practice of. Act 922. Eearulation of practice of, Acts 921, 922. DEVISES, tax on. See Taxation. DISTRICT ATTORNEY. Assistant, how paid, Act 837, § 215. Butter, renovated, prosecution of violations of statute, Act 468. Counties of second class. Act 837, § 159, sub. 7. Counties of third class, Act 837, § 160, sub. 9. Counties of fifth class. Act 837, § 162, sub. 9. Counties of sixth class, Act 837, § 163, sub. 8. Counties of seventh class. Act 837, § 164, sub. 8. Counties of eighth class. Act 837, § 165, subs. 8, 16, 17. Counties of ninth class. Act 837, § 166, sub. 8. Counties of tenth class. Act 837, § 167, sub. 8. Counties of eleventh class. Act 837, § 168, sub. 9. Counties of twelfth class, Act 837, § 169, sub. 8. Counties of thirteenth class, Act 837, § 170, subs. 8, 17. Counties of fourteenth class. Act 837, § 171, sub. 8. Counties of fifteenth class, Act 837, § 172, sub. 9. Counties of sixteenth class, Act 837, § 173, sub. 8. DISTRICT ATTORNEY-DRAINAGE. 347 Counties of seventeenth class, Act 837, § 174, sub. 8. Counties of eighteenth class. Act 837, § 175, sub. 8. Counties of nineteenth class, Act 837, § 176, sub. 7. Counties of twentieth class, Act 837, § 177, sub. 8. Counties of twenty-first class. Act 837, § 178, sub. 8. Counties of twenty-third class, Act 837, § 180, si;b. 8 Counties of twenty-fifth class, Act 837, § 182, sub. 8 Counties of twenty-sixth class, Act 837, § 183, sub. 8 Counties of twenty-seventh class. Act 837, § 184, sub. 8 Counties of twenty-eighth class, Act 837, § 185, sub. 8 Counties of twenty-ninth class, Act 8S"7, § 186, sub. 8 Counties of thirtieth class. Act 837, § 187, sub. 8. Counties of thirty-second class, Act 837, § 189, sub. 8 Counties of thirty-third class. Act 837, § 190, sub. 8 Counties of thirty-fourth class. Act 837, § 191, sub. 8 Counties of thirty-sixth class. Act 837, § 193, sub. 8. Counties of thirty-seventh class, Act 837, § 194, sub. 8 Counties of thirty-eighth class, Act 837, § 195, sub. 8 Counties of thirty-ninth class. Act 837, § 196, sub. 8. Counties of fortieth class. Act 837, § 197, sub. 8. Counties of forty-first class. Act 837, § 198, sub. 8. Counties of forty-third class. Act 837, § 200, sub. 8. Counties of forty-fourth class, Act 837, § 201, sub. 8. Counties of forty-sixth class. Act 837, § 203, sub. 8. Counties of forty-eighth class. Act 837, § 205, sub. 8. Counties of forty-ninth class. Act 837, § 206, sub. 8. Counties of fiftieth class. Act 837, § 207, sub. 8. Counties of fifty-first class. Act 837, § 208, sub. 8. Counties of fifty-third class. Act 837, § 210, sub. 8. Counties of fifty-fourth class. Act 837, § 211, sub. 8. County ofiicer, is, Act 837, § 55. Must have been admitted to supreme court. Act 837, § 54. Prosecution of violations of law requiring packages containing butter to be marked. Act 467. Prosecutions under dairy law. Act 876. DITCHES, protection of owners of. Act 950. DIVORCE, statistics of: See Labor Bureau. DOCTORS: See Dentistry; Medicine. DRAINAGE. Organization and government of drainage districts. Act 982. Promotion of, Act 985. Sacramento drainage district: See Sacramento Drainage District. 348 DRAINAGE-FEES. System of for agricultural, swamp and overflowed lands, Act 983. DRUGGISTS: See Pharmacy. DRUGS, adulteration of, prevention of, Act 35. DYNAMITE, protection, against careless and malicious use of, Act 1093. ELECTIONS, purity of, promotion of. Act 1015. ELECTRICITY, railroads authorized to use, Act 2924. EMPLOYMENT AGENTS, duties and liabilities of. Act 1036. ESTRAYS, liens of persons taking up, Act 1060. Taking up of. Act 1060. EVIDENCE. Bureau of criminal identification: See Bureau of Criminal Identification. EXECUTIONS. Exemption of property of building and loan associations in liquidation, Act 429. EXECUTORS. Bond chargeable against estate, Act 368. Corporations authorized to act as, Act 1055. EXPLOSIVES. Protection against careless and malicious use of. Act 1093. FACTORIES. Infants, employment of: See Infancy. FALSE BAY: See San Diego County. FARMERS' INSTITUTE, regents of University authorized to hold. Act 4259. FEDERAL GOVERNMENT: See Lakes. Cession of land under certain lakes to, Act 1858. Joint investigation with, for preserving forests, Act 4352. Mariposa Big Tree Grove re-ceded to. Act 4470. Transfer of veterans' home in Napa county to, Act 4289. Tosemite Valley re-ceaed to, Act 4470. FEEBLE-MINDED CHILDREN, California home for care and training of, Acts 1108, 1109, 1113. FEES. Constable, fees of, Act 837, § 153. County, township and other officers, establishment of, Act 1123. Foreign corporations, fees required of. Act 776. Grand jurors: See Grand Jurors. Jurors: See Jurors. Jurors, counties of seventh class, Act 837, § 164, sub* 16. FEES— FORESTRY. 349 Officers of counties: See particular title. San Francisco, fees of jurors and witnesses in, Act 3217. San Francisco, regulation of, repeal of act relating to. Act 3346. Witnesses: See Witnesses. FELONY. Officer, subordinate, retaining portion of salary, Act 2549. Wages of laborer on public works, retaining portion of, Act 2549. FENCES: See Inclosures. Tearing down to make passage through inclosures, pre- vention of. Acts 1140, 1593. FINES, butter, failure to mark packages containing, dis- position of, Act .467. Butter, renovated, sale of, disposition of fines for, Act 468. FIRE: See Forestry. Destruction of property of contiguous owners by, pre- vention of, Act 1169. Forest fires on public land, prevention of. Act 1168. FIRE DEPARTMENT. Cities of fifth class, Act 2348, § 813. Fireman's relief, health and life insurance and pension fund, Acts 1173, 1175. Members to be granted yearly vacations. Act 1179. San Francisco, in. Act 3221. FIRE PATROL, establishment of authorized. Act 1188. FISH: See Game Laws. FLUMES, protection of owners of. Act 950. FOOD: See Adulteration. FOREIGN CORPORATIONS: See Corporations. FORESTRY, fires, regulation of on forest land. Act 1216. Fund, forestry, creation of, Act 1216. Joint investigation with federal government for preserv- ing, Act 4352. Money appropriated for forests, state board of exam- iners to control. Act 1217. Moneys received from United States, appropriated for acquisition and protection of forests, Act 1217. Protection and management of forest lands. Act 1216. State board of, creation of, Act 1216. State board of, officers of and duties of. Act 1216. Violation of act relating to, punishment of, Act 1216. General Laws— 30 350 FORESTS— GOATS. rORESTS. Public lands, forest fires on, prevention of. Act 1168. Supervisors authorized to appropriate money for re-for- estration. Act 837, § SSi/.. Supervisors authorized to appropriate monev to preserve, Act 837, § 331/2. FORFEITURE. Payments on state lands forfeited to state, in case of fraud, Act 3825. FORT ROSS. Gift of, to state, Act 2298. FRANCHISES. Bicycles and horseless vehicles, franchises for roads and paths for, Act 1464. Conditions governing granting of, Act 1229. Gas companies, granting of franchises to, Act 1342. Sale of, act regulating, Act 1229. Sale of, in cities, Act 3 232. FRAUD. Manufactured goods, fraud and imposition in stamping and labeling. Act 2100. Payments on state lands forfeited to state in case of. Act 3825. FREE LIBRARY, establishment and maintenance of, Act 1247. FRESNO COUNTY. Boundary between Mariposa and Fresno counties, Act 815. Classification of townships in, Act 837, § 164, sub. 13. Registered population of townships, Act 837, § 164, sub. 13. FUNDS. Moneys received by officers or institutions, pay- ment into state treasury, Act 1279. Transfer of swamp land funds to general fund author- ized, Act 3962. GAME LAWS. Cranes: See Cranes. Fish and game warden, creation of office of. Act 1300. Fish and game warden, powers, duties and salary of, Act 1300. Inclosed lands, prevention of hunting on. Act 1593. GAMING. State Agricultural Society, gambling prohibited on grounds of. Act 63. GAS COMPANIES. Franchises, granting of. Act 1342. GENERAL GRANT PARK, highway from, to Kings river canyon, Act 1450. GIFTS, cities, counties and officers, authorized to receive and manage, Act 1356. GOATS: See Animals, GOOSE LAKE— HORTICULTURE. 351 GOOSE LAKE: See Lakes. GOVERNOR. Commission on reform of taxation, governor ex-oflficio member and chairman, Act 4037. Commission on reform of taxation, to appoint expert to act on. Act 4037. Rewards, authority to offer, Act 1387. GRAND JURORS. Fees, counties of nineteenth class, Act 837, § 176, sub. 17. Fees, counties of twenty-eighth class, Act 837, § 185, sub. 16. Fees, counties of thirty-third class, Act 837, § 190, sub. 15. Fees, counties of thirty-fourth class. Act 837, § 191, sub. 18. Fees, counties of forty-ninth class, Act 837, § 206, sub. 16. Interpreters before. Act 1679. GROWING TREES: See Forestry; Forests. GUARDIAN AND WARD. Bond chargeable against estate. Act 368. Corporations authorized to act as guardian. Act 1055. HARBOR COMMISSIONERS. San Francisco, authorized to insure property. Act 1431. San Francisco, jurisdiction of, Act 1432. HEALTH: See Public Health. HIGHWAYS. Boulevard districts, formation of. Act 1449. Boulevards, construction, maintenance and use of, Act 1449. Boulevards, definition of. Act 1449. Free wagon road from Mariposa to Yosemite Valley, Act 4467. Free wagon road from Mariposa to Yosemite Valley, repeal of act. Act 1450. General Grant Park to Kings river canyon, highway from, Act 1450. Los Angeles county, highways in, Act 2002. Motor vehicles, regulation of operation of, on. Act 2331. HOMESTEAD. Insane spouse, conveyance of homestead in case of, Act 1487. HOMING PIGEONS, protection of, Act 1497. HORTICULTURE: See Agriculture; Viticulture. Commissioners in counties of ninth class, Act 837, § 166, sub. 17. 352 HORTICULTURE— INFANCY. Commissioner in counties of forty-fourth class, Act 837 § 201, sub. 17. County boards of, creation of, Act 1515. Investigation of tree and plant diseases and pests at University, Act 4258. Pear blight and walnut blight, investigation into by University, Act 1511. Penalty for violating statute for proper naming of trees, seeds, etc.. Act 1510. Proper naming of trees, seeds, plants, etc.. Act 1510. State commission, creation of. Act 1513. State commissioner, powers, duties and compensation, Act 1513. HOURS OF LABOR: See Public Works. Drug clerks. Act 2665. Infant, of: See Infancy. HOUSE OF PROSTITUTION: See Prostitution. IDENTIFICATION: See Bureau of Criminal Identification. ILL-FAME, house of: See Prostitution. IMPROVEMENTS, public: See Municipal Corporations. INCLOSURES. Hunting upon inclosed lands, prevention of, Act 1593. Passing through and leaving open, prevention of. Acts 1140, 1593. Tearing down fences to make passage, prevention of, Acts 1140, 1593. INDUSTRY: See Preston School of Industry. INFANCY. Beggary, etc., use of children for, prevention of, Act 1616. Cruelty to children, incorporation of societies for, Act 1618. Employment of, regulation of. Act 1611. Feeble-minded children: See Feeble-minded Children. Hours of labor, regulation of, Act 1611. Illiterat-e minors, employment of, prohibition of, Act 1611. Immoral purpose, sale or apprenticing of children for, prevented, Act 1617. Juvenile court: See Juvenile Court. Orphan asylums: See Orphan Asj^lums. Orphaned and abandoned children, care of. Act 1622. Liquors, sale of, to minors, prevention of. Acts 1688, 1689. INFANCY-INTOXICATING LIQUORS. 353 Saloons, minors prevented from entering, Act 1689. Saloons, minors under sixteen prevented from entering, Act 1616. INHERITANCE TAX: See Taxation. Collateral inheritances, tax on, Act 4040. INNS: See Lodging-houses. INSANE ASYLUMS: See Prisons. Care, custody of and apprehension of persons believed insane, Act 1643. Liquors, prohibition of sale near Mendocino Insane Asy- lum, Act 1694. State lunacy commission, establishment of. Act 1643. Uniform government and management of, Act 1643. INSANE PERSONS: See Prisons. Commitment of insane persons. Act 1643. INSOLVENCY: See Bankruptcy and Insolvency. INSTITUTES, farmers': See Farmers' Institutes. INSURANCE. Fire patrol, establishment of authorized, Act 1188. Harbor commissioners of San Francisco authorized to insure, Act 1431. Life, health, accident, and annuity or endowment insur- ance on assessment plan, Act 1664. INTEREST, chattel mortgages, corporations loaning money on, regulation of, Act 753. Chattel mortgages, excessive rate, penalty for charging, Act 1673. Chattel mortgages, limit of rate of interest, Act 758. Corporations organized to loan money, regulation of, Act 758. Limit on rate of, that can be charged. Act 7o8, Rate of, limitation on chattel mortgages, Act 1673. INTERPRETERS. Grand jury, interpreters before, Act 1679. INTOXICATING LIQUORS, infants, prevention of sale of to. Acts 1688, 1689. Minors under sixteen prevented from entering saloons, Act 1616. Prohibition of sale near Mendocino Insane Asvlum, Act 1694. Saloons, minors prevented from visiting, Act 1689. Soldiers' home, prevention of sale near. Acts 1692, 3696. State capitol, sale of in, forbidden, Act 1691. 354 INTOXICATING LIQUORS— JUSTICES OF THE PEACE. University, sale of near prohibited, Act 4253. Yountville, prohibiting sale near soldiers' home at, Act 1693. IRRIGATION: See Lakes. IRRIGATION DISTRICTS, acquisition and construction of works, Act 1726. Acquisition and distribution of water, Acts 1717, 1726. Bonds, issuance and sale of, Act 1720. Examination, approval and confirmation of proceedings. Act 1720. Organization and government of, Acts 1717, 1720, 1726. JACKS, lien of owner of, where used for propagation, Act 1948. Limits for keeping of, Act 3749. JAPANESE: See Prostitution. JURORS' fees, counties of fifth class. Act 837, § 162, sub. IS. Fees, counties of seventh class. Act 837, § 164, sub. 16. Fees, counties of nineteenth class, Act 837, § 176, sub. 17. Fees, counties of twenty-eighth class, Act 837, § 185, sub. 16. Fees, counties of thirty-third class, Act 837, § 190, subs. 15, 16. Fees, counties of thirty-fourth class. Act 837, § 191, sub. 18. Fees, counties of forty-ninth class, Act 837, § 206, sub. 16. Fees of, Act 1123. Fees of, in San Francisco, Acts S'217, 3346. JUSTICES OF THE PEACE, city, fees of in criminal ac- tion not a county charge, Act 1125. Counties of second class, Act 837, § 159, sub. 15. Counties of third class. Act 837, § 160, sub. 14. Counties of fifth class, Act 837, § 162, sub. 14. Counties of sixth class, Act 837, § 163, sub. 14. Counties of seventh class, Act 837, § 164, sub. 13. Counties of eighth class, A'ct 837, § 165, sub. 13. Counties of ninth class, Act 837, § 166', sub. 14. Counties of tenth class, Act 837, § 16'7, sub. 14. Counties of eleventh class, Act 837, § 163. sub. 16. Counties of twelfth class. Act 837, § 169, sub. 13. Counties of thirteenth class, Act 837, § 170, subs. 15, 17. JUSTICES OF THE PEACE— JUVENILE COURT. 355 Counties of fourteenth class, Act 837, § 171, snb. 13. Counties of fifteenth class. Act 837, § 172, sub. 14. Counties of sixteenth class. Act 837, § 173, sub. 13. Counties of seventeenth class, Act 837, § 174, sub. 13. Counties of eighteenth class, Act 837, § 175, sub. 13. Counties of nineteenth class. Act 837, § 176, sub. 13. Counties of twentieth class. Act 837, § 177, sub. 13. Counties of twenty-first class. Act 837, § 178, sub. 14. Counties of twenty-third class, Act 837, § 180, sub. 13. Counties of twenty-fifth class. Act 837, § 182, sub. 13. Counties of twenty-sixth class. Act 837, § 183, sub. 14. Counties of twenty-seventh class, Act 837, § 184, sub. 13. Counties of twenty-eighth class, Act 837, § 185, sub. 13. Counties of twenty-ninth class, Act 837, § 186, sub. 13. Counties of thirtieth class. Act 837, § 187, sub. 13. Counties of thirty-second class. Act 837, § 189, sub. 13. Counties of thirty-third class, Act 837, § 190, sub. 13. Counties of thirty-fourth class, Act 837, § 191, sub. 15. Counties of thirty-sixth class. Act 837, § 193, sub. 13. Counties of thirty-seventh class, Act 837, § 194, sub. 14. Counties of thirty-eighth class, Act 837, § 195, sub. 13i^. Counties of thirty-ninth class. Act 837, § 196, sub. 13. • Counties of fortieth class. Act 837, § 197, sub. 13. Counties of forty-first class. Act 837, § 198, sub. 13. Counties of forty-third class, Act 837, § 200, subs. 13, 17. Counties of forty-fourth class. Act 837, § 201, sub. 13, Counties of forty-sixth class. Act 837, § 203, sub. 13. Counties of forty-eighth class. Act 837, § 205, sub. 13. Counties of forty-ninth class. Act 837, § 206, sub. 13. Counties of fiftieth class, Act 837, § 207, sub. 13. Counties of fifty-first class, A'ct 837, § 208, sub. 13. Counties of fifty-third class, Act 837, § 210, sub. 13. Counties of fifty-fourth class, Act 837, § 211, sub. 13. JUTE GOODS. Price and conditions of sale, Act 1764. JUVENILE COURT, creation of. Act 1769. Dependent and delinquent children, control, protection and treatment. Act 1760. Dependent and delinquent children, probationary treat- ment of. Act 1769. Investigation of organizations receiving children, ap- pointment and duties of board, Act 1769. Powers and duties of, Act 1769. 356 JUVENILE COURT— LICENCES. Probation committee, Act 1769. Probation officers, appointment, duties and powers, Act 1769. Proceedings, admissibility in evidence. Act 1769. Separation of juvenile prisoners from adults, Act 1769. KINGS RIVER CANYON, highway from General Grant Park to, Act 1450. KLAMATH LAKE: See Lakes. LABELS: See Butter. Fraud and imposition in, Act 2100. LABOR: See Hours of Labor. LABOR BUREAU, commissioner of statistics, county officers to furnish information to, Act 1827. Commissioner of statistics, statistics of deaths, divorces and crimes. Act 1827. LAKES. Clear lake, cession to United States government^ Act 1858. Goose lake, cession to United States government, Act 1858. Irrigation, cession of certain lakes to federal govern- ment for, Act 1858. Land uncovered by recession, cession of to federal gov- ernment, Act 1853. Lower or Little Klamath lake, cession of to United States government, Act 1858. Reclamation, cession of certain lakes to federal govern- ment for. Act 1858. Sale of lauds uncovered by recession of, Act 4031. Tule or Ehett lake, cession to United States govern- ment. Act 1858. LAKE TAHOE. Construction of permanent bridge work on Lake Tahoe wagon road, Act 1859. LANDS OF STATE: See State Lands. LEGACIES, tax on: See Taxation. LEVEE DISTRICTS. Assessments, levy of, Act 1913. Formation of, Act 1913. Levees, dikes, etc., erection of. Act 1913. LIBRARIES: See Free Libraries. LICENSES. Building and loan associations. Act 429. Butter, renovated, license of manufacturers and dealers in, Act 468. Corporations, license tax upon, Act 757. LICENSES— LODGING-HOUSES. 357 Counties of fourteenth class, Act 837, § 171, sub. 6. Ex-soldiers and sailors permitted to sell goods without, Act 3692. License collector, cities and counties of first class, Act 857, § 215. License collector, counties of second class, Act 837, § 215. License collector, counties of third class. Act 837, § 160, sub. 7. License collector, counties of fifth class. Act 837, § 162, sub. 7. License collector, counties of eighth class, Act 837, § 165, sub. 6. License collector, counties of eleventh class, Act 837, § 168, sub. 7. License collector, counties of eighteenth class, Act 837, § 175, subs. 6, 19. License collector, counties of nineteenth class. Act 837, § 176, sub. 6. License collector, counties of fiftieth class, Act 837, § 207, sub. 15. License collector, counties of fifty-fourth class. Act 837, § 211, sub. 16. License collector is county officer, Act 837, § 55. Tax collector is ex-officio license collector, Act 837, § 55. Surveyors, Act 3990. LIENS. Estrays, person tailing up and caring for, Act 1060. Exemption of property of building and loan associations pending liquidation,. Act 429. Laborers on threshing machines, liens of. Act 1949. Loggers and laborers in logging camps, of, Act 1951. Propagation, liens of owners of animals used for. Act 1948. LIGHTING: See Municipal Corporations, LIVESTOCK: See Animals. LIVESTOCK INSPECTOR, appointed, when, Act 837, § 551/2, County officers, are, Act 837, § 55. Powers and duties of. Act 837, § 152%. Salary of and how paid. Act 837, § 55i^. To be veterinary surgeon. Act 837, § '54. LODGING-HOUSES. Number of cubic feet for each lodger, Act 1966. 358 LOGGERS— MINES AND MINING. LOGGERS. Liens of loggers and laborers in logging camps, Act 1951. LOGS, penalty for driving substances into liable to injure saws, Act 2049. LOS ANGELES CITY, charter of, Act 1975, LOS ANGELES COUNTY, highways in, Act 2002. Three additional judges provided for. Act 2014. LXJMBER MANUFACTURERS, penalty for driving into logs substances liable to injure saws. Act 2049. MADERA COUNTY, act relating to, Act 2054. MANUFACTURERS, fraud and imposition in stamping and labeling, Act 2100. Lumber, penalty for driving into logs substances liable to injure saws, Act 2049. MARIPOSA BIG TREE GROVE, re-ceded to federal govern- ment, Act 4470. MARIPOSA COUNTY. Boundary between Mariposa and Fresno counties, Act 815. Free wagon road from Mariposa to Yosemite Valley, Act 4467. Repeal of act for free wagon road from, to Yosemite Valley, Act 1450. MARKS: See Labels. MARRIED WOMEN, prostitution, placing, leaving or keep- ing in house of, prevention of. Act 2796. MARSHALS, fees of in criminal action not a county charge, Act 1125. MARYSVILLE, reincorporating. Act 2128. MASTER AND SERVANT: See Hours of Labor. Employment agents, duties and liabilities of, Act 1036. Hours of labor: See Public Works. Liens of laborers on threshing machines. Act 1949. Liens of loggers and laborers in logging camps, Act 1951. MEDICINE: See Nursing; Pharmacy. Medical examiners, board of. Act 2162. Practice of medicine and surgery, regulation of, Act 2162. MINES AND MINING, claims, effect given to record of no- tices of location and affidavits. Act 2216. Claims, location, amending defective, Act 2216. Claims, manner of locating. Act 2216. Claims, recording notices of location, Act 2216. MINES AND MINING— MORTGAGES. 359 Debris commissioner, appointment, duties and compen- sation. Act 898. District records, depositing with county recorders, Act 2216. Recording mining claims in Calaveras county, Act 483. MINING CORPORATION. Sale, lease or mortgage of mines. Act 2240. Stockholders, protection of, Act 2239. MISDEMEANOR. Animals with contagious or infectious diseases, carrying, a misdemeanor. Act l^o. Butter, failure to mark weight of packages containing, Act 467. Butter, renovated, violation of statute relating to sale of, Act 468. Chattel mortgages, excessive interest or charges. Act 1673. Cutting hair of persons convicted of. Act 2834. Dairy law, violation of, Act 876. Hours of labor for drug clerks, violating act governing, Act 2665. Interest, excessive, charging, Act 1673. Intoxicating liquor, sale of near Mendocino Incane Asy- lum, Act 1694. Intoxicating liquor, sale of near Soldiers' Home at Yountville, Act 1693. License tax, failure of corporations to pay. Act 7'o7. Naming, improper, of trees, plants, seeds, etc.. Act 1510; Nursing, violation of statute relating to. Act 2508a. Ordinances, violation of in cities of fifth class, Act 2348, § 769. Trading stamps, use of. Act 4123. "Warehouses, violation of law governing. Act 4319. MISSIONS. Gift of mission at Sonoma to state. Act 2298. MONO COUNTY, stallions running at large in, prevention of. Act 2293. MONTEREY CITY, incorporation of. Act 2209. Landing place of Junipero Sera, gift of to state. Act 2298. Old theater property at Monterey, gift of to state, Act 2298. MORTGAGES, chattel, corporations loaning money on, regu- lation of, Act 758. Chattel, excessive interest or charges, penalty, Act 1673. 860 MORTGAGES— MUNICIPAL CORPORATIONS. Chattel, limitation of charges that can be made, Act 1673. Chattel, limit of rate of interest that can be charged, Acts 758, 1673. MOTORCYCLES, franchises for roads for, Act 1464. MOTOR VEHICLES, regulation of operation of on public highways. Act 2331. MUNICIPAL CORPORATIONS. Annexation of territory, Act 2374, Annexed territory, districting, government and control of, Act 2374. Boundaries, altering of. Acts 23'74, 2375. Classification of, Act 2347. Consolidation of certain city offices. Act 4043. Exclusion of territory from, Act 2375, Fifth class, assessment and collection of taxes in, Act 2348, § 773. Fifth class, fire department of. Act 2348, § 813. Fifth class, ordinances, violation of, punishment and proceedings. Act 2348, § 769. Fifth class, powers of boards of trustees, Act 2348, § 764. Fifth class, recorders courts in. Act 2S48, § 806; Franchises: See Franchises. Franchises for paths and roads for horseless vehicles, Act 1464. Franchises, sale of in cities, Act 1232. Gifts and bequests, authorized to receive. Act 1556. Improvements, acquisition, construction and completion of, Act 2371. Improvements, incurring indebtedness for, Acts 2371, 2900. Indebtedness, incurring for public improvements. Act 2900. Indebtedness, incurring for waterworks and sewers. Act 2361. Lighting of streets, lanes, etc., act providing for. Act 2333. Lighting of streets, lanes, etc., assessment of property benefited, Act 2333. Organization and incorporation of, validation of. Act 2332. Organization, incorporation and government of, Act 23-48. MUNICIPAL CORPORATIONS— OFFICERS. 361 Police courts: See Police Courts. Registrar of vital statistics, city clerk to act as, Act 2318, § 9. Eegistrar of vital statistics, city recorder to act where no city clerk, Act 2348, § 9. Sewers, construction of in. Act 3930. Sewers, incurring indebtedness for. Acts 2361, 2900. Sixth class, levy and collection of taxes in, Act 2348, § 773. Sixth class, recorder's courts in, Act 2348, § 882. Spur tracks, construction of, supervisors may author- ize, Act 2334. Spur track, permit revocable, Act 2334, Taxes, levy and collection of, in cities other than first class, Act 4043. Waterworks, incurring indebtedness for, Acts 2361, 2900. MUSIC: See Universitv of California. MUTUAL BENEFIT SOCIETIES: See Benefit Societies. NAMES. Conveyances by persons whose names are changed, Act 904. Trees, plants, etc.: See Horticulture. NAVIGATION: See Shipping. NAVY: See Soldiers and Sailors. NORMAL SCHOOLS, San Francisco, site and building for, Act 3535. NOTICES, constable, authority of to serve. Act 837, § 153. NURSING-, act governing occupation of, Act 2oOSa. Examination of nurses, Act 2508o. Issuance of certificates of registration as registered nurses, Act 2508c/. Penalties for violating statute relating to, Act 2508ffl. Promotion of better education of practitioners of. Act 250Sf/. Qualifications of nurses. Act 2508a. OATHS. Consolidation of offices, oaths of officers on, Act 837, § 55. ■ OFFICERS. Candidates: See Candidates. Consolidated, county offices, what may be consolidated, Act 837, § 55. Consolidation and abolition of certain city offices. Act 4043. General Laws— 31 ^62 OFFICERS. Consolidation of offices, oath and bond of officers, Act 857, § 55. Counties of second class, Act 837, § 159. Counties of third class, Act 837, § 160. Counties of fifth class, Act 837, § 162. Counties of sixth class. Act 837, § 163. Counties of seventh class. Act 837, § 164. Counties of eighth class. Act 837, § 165. Counties of ninth class, Act 837, § 166. Counties of tenth class. Act 837, § 167. Counties of eleventh class. Act 837, § 168. Counties of twelfth class. Act 837, § 169. Counties of thirteenth class, Act 837, § 170. Counties of fourteenth class. Act 837, § 171. Counties of fifteenth class. Act 837, § 172. Counties of sixteenth class, Act 837, § 173. Counties of seventeenth class, Act 837, § 174. Counties of eighteenth class. Act 837, § 175, Counties of nineteenth class, Act 837, § 176. Counties of twentieth class. Act 837, § 177. Counties of twenty-first class, Act 837, § 178. Counties of twenty-third class. Act 837, § 180. Counties of twenty-fifth class, Act 837, § 182. Counties of twenty-sixth class. Act 837, § 183. Counties of twenty-seventh class. Act 837, § 184. Counties of twenty-eighth class. Act 837, § 185. Counties of twenty-ninth class, Act 837, § 186. Counties of thirtieth class. Act 837, § 187. Counties of thirty-second class. Act 837, § 189. Counties of thirty-third class. Act 837, § 190. Counties of thirty-fourth class. Act 837, § 191. Counties of thirty-sixth class. Act 837, § 193. Counties of thirty-seventh class. Act 837, § 194, Counties of thirty-eighth class. Act 837, § 195. Counties of thirty-ninth class. Act 837, § 196. Counties of fortieth class. Act 837, § 197. Counties of forty-first class, Act 837, § 198. Counties of forty-third class. Act 837, § 200. Counties of forty-fourth class. Act 837, § 201. Counties of forty-sixth class. Act 837, § 203. Counties of forty-eighth class, Act 837, § 205. Counties of forty-ninth class. Act 837, § 206. Counties of fiftieth class, Act 837, § 207. Counties of fifty-first class, Act 837, § 208. Counties of fifty-third class, Act 837, § 210. OFFICERS-PHARMACY. 363 Counties of fifty-fourth class, Act 837, § 211. County, enumerated, Act 837, § 55. County, salaries in full compensation, Act 837, § 215. County, to furnish statistics to commissioner of bureau of labor statistics. Act 1827. Eligibility to office, requirements. Act 837, § 54. Eligibility of women to office, Act 837, § 54. Fees: See Fees. Gifts and bequests, authorized to receive. Act 1356. Payment of moneys into state treasury. Act 1279. Separation of offices, authority of supervisors. Act 837, § 55. Subordinate, retaining portion of fees or salaries of, Act 2549. OFFICIAL REPORTERS: See Shorthand Reporters. ORDINANCES. Cities of fifth class, punishment and pro- ceedings. Act 2348, § 769. Livestock, expenses, ordinances to preserve, how paid, Act 837, § 251/0. Livestock, supervisors may adopt to preserve, bf. Act 837, § 251/0. ORPHAN ASYLUMS. Abandonment of child, what con- stitutes. Act 2594. Appropriation for support of orphans, half-orphans and abandoned children, Act 2595. Quarterly publication of names of children admitted. Act 2594. PAUPERS. Appropriation for support of aged persons in indigent circumstances. Act 2630. Fund for maintenance and support of persons becom- ing a public charge. Act 2631. Maintenance and support of indigent, incompetent and incapacitated persons becoming a public charge. Act 2631. PEDDLERS. Ex-soldiers and sailors permitted to peddle without license. Act 3692. PENSIONS: See Fire Department. Fire department, relief, health, life and pension fund, Act 1175. PHARMACY. Hours of labor for drug clerks, penalty for violation of act relating to. Act 2665. Hours of labor of drug clerks, regulation of. Act 2665. Poisonous substances, regulation, of sale of, Act 2723. 864 PHARMACY-PRESTON SCHOOL OF INDUSTRY. Poisons, regulation of sale of, Act 2667. Practice of. regulation of, Acts 2664, 2667. PHYSICIANS: See Dentistry; Medicine; Nursing. PLEDGES: See Candidates. POISONS. Poisonous substances, regulation of sale of, Act 2723. S;tlo of, regulation of. Act 2667. POLICE, wardons to furnish description of convicts to, Act 7:'.s. POLICE COURTS. Cities of first and one half class, es- tablishment of, .\ct 2741. Cities of first and one half class, jurisdiction, Act 2741. Cities of first and one half class, officers of and com- pensation, -Act 2741. Cities of second class, establishment of, Act 2742. Cities of second class, jurisdiction of. Act 2742. Cities of second clas?, oflBcers of and compensation, • Act 2742. Pan Prnncisco, creation of in. Act 3282. POPULATION. Counties of fifteenth class, how ascer- tained, Act Sn7, § 172, sub. 17. Counties of sixteenth class, how determined. Act 837. § 173, sub. 16. Counties of nineteenth class, of. Act S37, S 1"6, sub. 15. Counties of twentieth class, Act 837, S 177, sub. IH. Counties of twentv-sixth class, how ascertained. Ait 837, § 183, sub. 14. Counties of thirty-fourth class, classification in, Act 837, § 191, sub." 14. Counties of thirty-eighth class, classification of town- ships in. Act 837. § 19.1. sub. 13. Counties of forty-first class, how ascertained, Act 837, § 198. sub. "l3. Counties of forty-third class, how ascertained. Act 837, § 200, suli. 17. PRESCRIPTIONS: Soo Phnrrncy. i PRESTON SCHOOL OF INDUSTRY, commitments to. Act 4410. Establishment of. Act 2753. Evil-disposed persons prevented from coming on grounds of, Acts 2755. 4409. Maintenance of persons committed, responsibility for. Act 4410. Management and maintenance of, Act 2753. PRISONERS— PUBLIC ADMINISTRATOR. 365 PRISONERS. Bureau of eriminal identification: See Bureau of Criminal Identification. Cutting hair of persons convicted of misdemeanor, Act 2834. Juvenile, separation from adults, Act 1769. Wardens to furnish description of convicts. Act 738. Wardens to furnish information concerning, Act 739. PRISONS. Folsoni, additional cells at, erection and con- struction of, Act 2777. Folsom, wall, erection of around, Act 2777. Government and regulation of. Act 2763. Insane convicts charged with felony, establishing hos- pital for at lolsom. Act 2776. Insane convicts, hospital for at Folsom, government and management of, Act 2776. Jute goods, price and conditions of sale, Act 1764. San C^uentin, erection and construction of additional cells. Act 2778. San Quentin, improvements at, Act 2778. Wardens to furnish descriptions of convicts. Act 738. Wardens to furnish sheriffs with information concern- ing convicts. Act 739. PROBATION: See Juvenile Court. PROCESS, authority of constable to serve. Act 837, § 153. PROSTITUTION. Chinese houses of ill-fame, suppression of. Act 593. Chinese or Japanese women, importing for, prevention of, Act 2797. Compulsorv prostitution of women, prevention of, Act 2797. Married women, placing, keeping, or leaving in, preven- tion of. Act 2796. PUBLIC ADMINISTRATOR. Counties of second class, Act 837, § 159. sub. 10. Counties of third class. Act 837, § 160, sub. 11. Counties of fifth class. Act 837, § 162' sub. 11. Counties of sixth class, Act 837, § 163, sub. 10. Counties of seventh class, Act 837, § 164, sub. 10. Counties of eighth class. Act 837, § 165, subs. 10, 16. Counties of ninth class, Act 837, § 166, sub. 10. Counties of tenth class. Act 837, § 167, sub. 10. Counties of eleventh class. Act 837, § 168, sub. 11. Counties of twelfth class, Act 837, § 169, sub. 10. Counties of thirteenth class, Act 837, § 170, sub. 10. 366 PUBLIC ADMINISTRATOR— PUBLIC HEALTH. Counties of fourteentli class, Act 837, § 171, sub. 10. Counties of fifteenth class. Act 837, § 172, sub. 11. Counties of sixteenth class. Act 837, § 173, sub. 10. Counties of seventeenth class, Act 837, § 174, sub. 10. Counties of eighteenth class, Act 837, § 175, sub. 10. Counties of nineteenth class. Act 837, § 176, sub. 11. Counties of twentieth class, Act 837, § 177, sub. 10. Counties of twenty-first class. Act 837, § 178, sub. 10. Counties of twenty-third class, Act 837, § 180, sub. 10. Counties of twenty-fifth class, Act 837, § 182, sub. 10. Counties of twenty-sixth class. Act 837, § 183, sub. 11. Counties of twenty-seventh class, Act 837, § 184, sub. 10. Counties of twenty-eighth class, Act 837, § 185, sub. 10. Counties of twenty-ninth class. Act 837, § 186, sub. 11. Counties of thirtieth class, Act 837, § 187, sub. 10. Counties of thirty-second class, Act 837, § 189, sub. 10. Counties of thirty-third class, Act 837, § 190, sub. 10. Counties of thirty-fourth class. Act 837, § 191, sub. 10. Counties of thirty-sixth class, Act 837, § 193, sub. 10. Counties of thirty-seventh class, Act 837, § 194, sub. 10. Counties of thirty-eighth class. Act 837, § 195, sub. 10. Counties of thirty-ninth class. Act 837, § 196, sub. 10. Counties of fortieth class, Act 837, § 197, sub. 10. Counties of forty-first class. Act 837, § 198, sub. 10. Counties of forty-third class, Act 837, § 200, sub. 10. Counties of forty-fourth class, Act 837, § 201, sub. 10. Counties of forty-sixth class. Act 837, § 203, sub. 10. Counties of forty-eighth class, Act 837, § 205, sub. 10. Counties of forty-ninth class, Act 837, § 206, sub. 10. Counties of fiftieth class. Act 837, § 207, sub. 10. Counties of fifty-first class, Act 837, § 208, sub. 10, Counties of fifty-third class, Act 837, § 210, sub. 10. Counties of fifty-fourth class. Act 837, § 211, sub. 10. County officer, is, Act 837, § 55. PXJBLIC BUILDINGS. Contracts by state, regulation of, Act 2897. Erection of, regulation. Act 2815. PUBLIC DEBT, incurring by cities for public improve- ments. Act 290U. PUBLIC HEALTH: See Sanitary Districts; State Board of Health. Cutting hair of persons convicted of misdemeanor, Act 2834. PUBL-IC HEALTH-RAILEOADS. 367 Health officer, special, counties of second class, Act 837, § 159, snb. 12. Health officer, counties of second class, salary of, Act 837, § 159, sub. 12. Vaccination, "jeneral, encouraging and providing for, Act 2,S4n. PUBLIC IMPROVEMENTS, incurring indebtedness for by cities, Act 2900. PUBLIC INSTITUTIONS. Exchange of commodities, be- tween public institutions, Act 2843. Payment of moneys into state treasury. Act 1279. PUBLIC LANDS: See State Lands. Encouragement of settlers on, Act 2852. Forest fires on, prevention of. Act 1168. Possessory actions, mode of maintaining and defending, Act 2847. Protection of settlers on, Act 2852. PUBLIC LIBRARIES: See Free Libraries. PUBLIC WORKS: See Public Buildings. Hours of labor on. Acts 1534, 1536. Laborer, retaining portion of wages, punishment of, Act 2549. PUNISHMENT. Juvenile courts: See Juvenile Courts. PURITY OF ELECTIONS, promotion of. Act 1015. QUARANTINE, livestock inspector, power to establish and enforce. Act 837, § 1521/2- QUIETING- TITLE. Actions against state to quiet title against claims under inheritance tax law, Act 4036. RAILROAD COMMISSIONERS, powers of. Act 2921. RAILROADS, electricity, use of by authorized. Act 2924. Elevations, management and operation of railroads above certain. Act 2926. Fenders and brakes, street railways to provide, Act 2932. Foreign, authorized to do business on equal terms, Act 2917. Franchises: See Franchises. Lease of railroad authorized, Act 2917. Operation of compelled. Act 2925. Spur track, permit revocable, Act 2334. 363 RAILROADS— RECORDER. Spur tracks in cities, construction of authorized, Act 2334. Street: See Street Eailroads. RECEIPTS. Warehouse and whai-fingers, Act 4318. RECEIVEES, tond of, chsrseable against estate, Act 368. Cornoratinns authori-^ed to act as. Act 1055. EECLAMATION DISTRICTS: See Lakes; Levee Districts. Certain districts subjected to provisions of code. Act 2973. Creation of reclamation district number 70, Act 2941. RECORDER. City: See City Eecorder. Counties of second class, Act 837, § 3 59, sub. 3. Counties of third class. Act 837, § 160, sub. 3. Counties of fifth class. Act 837, § 162, subs. 3, 17. Counties of sixth class, Act 837, § 163, sub. 3. Counties of seventh class. Act 837, § 164, sub. 3. Counties of eighth class. Act 837, § 165, subs. 3, 16, 17. Counties of ninth class. Act 837, § 166, sub. 3. Counties of tenth class. Act 837, § 167, sub. 3. Counties of eleventh class. Act 837, § 168, sub. 3. Counties of twelfth class, Act 837, § 169, sub. 3. Counties of thirteenth class. Act 837, § 170, subs. 3, 17. Counties of fourteenth class, Act 837, § 171, sub. 3. Counties of fifteenth class, Act 837, § 172, sub. 3. Counties of sixteenth class. Act 837, § 173, sub. 3. Counties of seventeenth class. Act 837, § 174, sub. 3. Counties of eighteenth class, Act 837, § 175, sub. 3. Counties of nineteenth class. Act 837, § 176, sub. 3. Counties of twentieth class, Act 837, § 177, sub. 3. Counties of twenty-first class. Act 837, § 178, sub. 3. Counties of twenty-third class. Act 837, § 180, sub. 3. Counties of twenty-fifth class, Act 837, § 182, sub. 3. Counties of twenty-sixth class, Act 837, § 183, sub. 3. Counties of twenty-seventh class. Act 837, § 184, sub. 3. Counties of twenty-eighth class. Act 837, § 185, sub. 3. Counties of twenty-ninth class, Act 837, § 186, sub. 3. Counties of thirtieth class. Act 837, § 187. sub. 3. Counties of thirty-second class, Act 837, § 189, sub. 3. Counties of thirty-third class, Act 837, § 190, sub. 3. Counties of thirty-fourth class, Act 837, § 191, sub. 3. Counties of thirty-sixth class, Act 837, § 193, sub. 3. Counties of thirty-seventh class, Act 837, § 194, sub. 3. Counties of thirty-eighth class, Act 837, § 195, sub. 3. Counties of thirty-ninth class, Act 837, § 196, sub. 3. RECORDER— SALARIES. 369 Counties of fortieth class, Act 837, § 197, snb. 3. . Counties of forty-first class, Act 837, § 198, sub. 3. Counties of forty-third class, Act 837, § 200, sub. 3. Counties of forty-fourth class, Act 837, § 201, sub. 3. Counties of forty-sixth class, Act 837, § 203, sub. 3. Counties of forty-eighth class. Act 837, § 205, sub. 3. Counties of forty-ninth class, Act 837, § 206, sub. 3. Counties of fiftieth class, Act 837, § 207, sub. 3. Counties of fifty-first class. Act 837, § 208, sub. 3. Counties of fifty-third class. Act 837, § 210, sub. 3. Counties of fifty-fourth class, Act 837, § 211, sub. 3. Deaths, registration: See Deaths. RECORDER'S COURT, in cities of fifth class. Act 2348, § 806. Tn cities of sixth class. Act 2348, § 882. REFORMATORIES: See Preston School of Industry; Whit- tier State School. REGISTRATION. Death: See Deaths. REGISTRATION CLERK. Counties of nineteenth class. Act 837, § 176, sub. li/o. RELIGIOUS CORPORATIONS. License tax, exempt from, Act 757. REPORTER OF DECISIONS, ETC. Deputy, appointment of. Act 3980. REPORTERS: See Shorthand Reporters. REWARDS, governor, authority of, to offer. Act 1387. RHETT LAKE: See Lakes. SACRAMENTO CITY: See State Capitol. SACRAMENTO DRAINAGE DISTRICT. Assessments, levying and collecting upon lands within, Act 979. Creation, division and management of districts within, Act 979. Creation of. Act 979. Officers, election and appointment of. Act 979. Officers, powers, duties and compensation of, Act 979. SALARIES. Counties of second class. Act 837, § 159. Counties of third class. Act 837, § 160. Counties of fifth class, Act 837, § 162. Counties of sixth class, Act 837, § 163. Counties of seventh class, Act 837, § 164. Counties of eighth class, Act 837, § 165, Counties of ninth class. Act 837, § 166. Counties of tenth class, Act 837, § 167. 370 SALARIES-SAN BERNARDINO CITY. Counties of eleventh class, Act 837, § 168. Counties of twelfth class, Act 837, § 169. Counties of thirteenth class, Act 837, § 170. Counties of fourteenth class. Act 837, § 171. Counties of fifteenth class, Act 837, § 172. Counties of sixteenth class, Act 837, § 173. Counties of seventeenth class, Act 837, § 174. Counties of eighteenth class, Act 837, § 175. Counties of nineteenth class, Act 837, § 176. Counties of twentieth class. Act 837, § 177. Counties of twenty-first class, Act 837, § 178. Counties of twenty-third class, Act 837, § 180. Counties of twenty-fifth class, Act 837, g" 182. Counties of twenty-sixth class, Act 837. § 183. Counties of twenty-seventh class, Act 837, § 184. Counties of twenty-eighth class, Act 837, § 185. Counties of twenty-ninth class. Act 837, § 186. Counties of thirtieth class, Act 837, § 187. Counties of thirty-second class, Act 837, § 189. Counties of thirty-third class. Act 837, § 190. Counties of thirty-fourth class. Act 837, § 191. Counties of thirty-sixth class. Act 837, § 193. Counties of thirty-seventh class, Act 837, § 194. Counties of thirty-eighth class, Act 837, § 195. Counties of thirty-ninth class. Act 837, § 196. Counties of fortieth class. Act 837, § 197. Counties of forty-first class. Act 837, § 198. Counties of forty-third class. Act 837, § 200. Counties of forty-fourth class, Act 837, § 201. Counties of forty-sixth class. Act 837, § 203. Counties of forty-eighth class. Act 837, § 205. Counties of forty-ninth class. Act 837, § 206. Counties of fiftieth class. Act 837, § 207. Counties of fifty-first class. Act 837, § 208. Counties of fifty-third class. Act 837, § 210. Clounties of fifty-fourth class. Act 837, § 211. County oflScers, salaries, full compensation, Act 837, 9 215. Livestock inspector. Act 837, § 551/4. SALES. Fraud and imposition in stamping and labeling goods. Act 2100. Warehouses in other states, goods in, sale of, Act 4319. SALINAS CITY, charter of, Act 3087. SALOONS: See Intoxicating Liquors. SAN BEENAHDINO CITY, charter of. Act 3110. SAN DIEGO CITY-SCHOOLS. 371 SAN DIEGO CITY, charter of, Act 3145. SAN DIEGO COUNTY. False Bay, charge for use of, Act 3174. False Bay, machinery, erection of, authorized, Act 3174. False Bay, use of tide waters authoriezd. Act 3174. SAN FRANCISCO, charter of. Act S177. Coroners in, Act 3203. Fees in. Act 3346. Fees in, regulation of, repeal of act, Act 3346. Fees of jurors and witnesses in, Act 3217. Fire department in, reorganizing and regulating, Act 3221. Normal school, site and building for, Act 353o. Police court in, creation of. Act 3282. Van Ness ordinance, ratification and confirmation, Act S'332. SANITARY DISTRICTS, bonds of, Act 3349. Taxes in. Act 3349. Elections in, Act 3349. Acquisition of property by. Act 3349. Formation, government, operation and dissolution of, Act 3349. Sewers, construction of, by, Act 3S'49. SAN JOAQUIN COUNTY, additional judge provided for, Act 3366. SAN JOSE, charter of. Act 3375. Reincorporation of. Acts 3376, 3377. SANTA BARBARA CITY, charter of, Act 3349. SANTA CLARA CITY, reincorporation. Act 3473. SANTA CLARA COUNTY, Santa Clara avenue, opening and widening, Act 3498. SANTA MONICA, sea gulls at, protection of, Act 1315. SANTA ROSA, charter of, Act 3529. SCALPS, coyote, bounties on. Act 851. SCHOOLS. Board of education, Act 837, § 186, sub. 16. Board of education, counties of second class. Act 837, § 159, sub. 121/0. Board of education, counties of fifth class, Act 837, § 162, sub. 12. Board of education, counties of ninth class, Act 837, § 166, sub. 18. Board of education, counties of tenth class, Act 837, 3 167, sub. 12. Board of education, counties of twelfth class, Act 837, § 169, sub. 17. 372 SCHOOLS-SHEKIFF. Board of education, counties of twenty-third class, Act 837, § 180, sub. 16. Board of education, counties of twenty-ninth class. Act 837, § 186, suD. 16. Boards of education, counties of thirty-second class, Act 837, § 189, sub. 15. Boards of education, counties of forty-third class. Act 837, § 200, sub. 16. Boards of education, women eligible as members of, Act 837, § 54. Bonds issued by, registration of, Act 3536. Common schools, bonds of, registration of. Act 3536. Enforcement of educational rights of children, Act 3574. High, bonds of, registration of, Act 3536. High, establishment of, Act 3549. High, fund for, creation of, Act 3553fl. High, fund for, and distribution of, Acts, 3553, 3553o. Trustee, women eligible as, Act 837, § 54. Union high school districts, bonds of registration of, Act 3536. Women, eligibility of to school offices. Act 837, § 54. SEA GULLS, Santa Monica, protection of. Act 1315. SECRETARY OF STATE. License tax upon corporations, duty in relation to. Act 757. SENTENCE. Juvenile courts: See Juvenile Courts. SEWERS, construction of by sanitary districts, Act 3349. Construction of in cities. Act 3930. Incurring indebtedness for by cities. Acts 2361, 2900. SHASTA COUNTY, additional superior judge provided for. Act 3599. SHERIFF. Constables: See Constables. Conveving persons to or from insane asylums, allowance 'for. Act 83-7, § 215. Counties of second class, Act 837, § 159. Counties of third class, Act 837, § 160, sub. 2. Counties of fifth class. Act 837, § 162, sub. 2. Counties of sixth class, Act 837, § 163, sub. 2. Counties of seventh class. Act 837, § 164, sub. 2. Counties of eighth class, Act 837, § 165, subs. 2, 16, 17. Counties of ninth class, Act 837, § 166, sub. 2. Counties of tenth class, Act 837, § 167, sub. 2. Counties of eleventh class, Act 837, § 168, sub. 2. Coi;nties of twelfth class, Act 837, § 169. sub. 2. Counties of thirteenth class. Act 8S'7, § 170. subs. 2, 17. Counties of fourteenth class, Act 837, § 171, sub. 2. SHERIFF. 373 Counties of fifteenth class, Act 837, § 172, sub. 2. Counties of sixteenth class, Act 837, § 173, sub. 2. Counties of seventeenth class, Act 837, § 174, sub. 2. Counties of eighteenth class. Act 837, § 175, subs. 2, 19. Counties of nineteenth class, Act 837, § 176', sub. 2. Counties of twentieth class. Act 837, § 177, sub. 2. Counties of twenty-first class. Act 837, § 178, sub. 2. Counties of twenty-third class. Act 837, § ISO, sub. 2. Counties of twenty-fifth class, Act 837, § 182, sub. 2, Counties of twenty-sixth class. Act 8S'7, § 183, sub. 2. Counties of twenty-seventh class, Act 837, § 184, sub. 2. Counties of twenty-eighth class, Act 837, § 185, sub. 2. Counties of twenty-ninth class. Act 837, § 186, sub. 2. Counties of thirtieth class, Act 837, § 187, sub. 2. Counties of thirty-second class, Act 837, § 189, sub. 2. Counties of thirty-third class. Act 837, § 190, sub. 2. Counties of thirty-fourth class, Act 837, § 191, sub. 2. Counties of thirty-sixth class. Act 837, § 193, sub. 2. Counties of thirty-seventh class, Act 837, § 194, sub. 2. Counties of thirty-eighth class, Act 837, § 195, sub. 2. Counties of thirty-ninth class. Act 8S'7, § 196, sub. 2. Counties of fortieth class. Act 837, § 197, sub. 2. Counties of forty-first class. Act 837, § 198, sub. 2. Counties of forty-third class, Act 837, § 200, sub. 2. Counties of forty-fourth class, Act 837, § 201, sub. 2. Counties of forty-sixth class. Act 837, § 203, sub. 2. Counties of forty-eighth class, Act 837, § 205, sub. 2. Counties of forty-ninth class, Act 837, § 206, sub. 2. Counties of fiftieth class, Act 837, § 207, sub. 2. Counties of fifty-first class, Act 837, § 208, sub. 2. Counties of fifty-third class, Act 837, § 210, sub. 2. Counties of fifty-fourth class. Act 837, § 211, sub. 2. County officers, are. Act 837, § 55. Deputies, additional on creation of new judgeships, Act 837, § 210. Expenses of pursuing, transporting or maintaining pris- oners, Act 837, § 215. Expenses of seizing property under attachment or execu- tion, Act 837, § 215. Mileage, Act 837, § 215. Wardens to furnish descriptions of convicts to. Act 738. Wardens to furnish information concerning convicts to, Act 739. General Laws — 32 374 SHIPPING— STATE. SHIPPING. Buoys and beacons, protection of, Act 435. SHOETHAND REPORTERS. Counties of ninth class, Act 837, § 166, sub. 16. Counties of tenth class, Act 837, § 167, sub. 17. Counties of eleventh class. Act 837, § 168, sub. 15. Counties of twelfth class, Act 837, § 169, sub. 16. Counties of thirteenth class. Act 837, § 170, sub. 16. Counties of seventeenth class. Act 837, § 174, sub. 16. Counties of twentieth class, Act 837, § 177, sub. 17. Counties of twenty-first class, Act 837, § 178, sub. 16. Counties of twenty-sixth class, Act 837, § 183, sub. 15, Counties of twenty-seventh class, A'ct 837, § 184, sub. 14. Counties of thirtieth class, Act 837, § 187, sub. 16. Counties of thirty-fourth class. Act 837, § 191, sub. 17. Counties of forty-fourth class. Act 837, § 201, sub. 16. Counties of forty-eighth class, Act 837, § 205, sub. 16-. Counties of fifty-first class, Act 837, § 208, sub. 16. Counties of fifty-third class, Act 837, § 210, sub. 16. SOLDIERS AND SAILORS: See Veterans' Home. License, permitted to sell goods without. Act 3692. SOLDIERS' HOME: See Veterans' Home. SONOMA, Port Boss property, gift of, to state, Act 2298. Mission at, gift of to state. Act 2298. SPECIAL COUNSEL, supervisors in counties of second class may employ. Act 837, § 159, sub. 7. SPUR TRACKS, construction of in cities, authorized, Act 2334. Permit revocable. Act 2334. STALLIONS, liens of owners of where used for propaga- tion, Act 1948. Limits for keeping of, A'ct 3749. Mono county, prevention of running at large in, Act 2293. STAMPS, trading: See Trading Stamps. STATE; See Public Institutions. Actions against authorized. Act 3791. Actions against for bounties, on coyote scalps author- ized, Act 3792. Actions against, procedure. Act 3791. Actions against, to quiet title against claims under in- heritance tax law. Act 4036. Forests, joint investigation with federal government for preserving, Act 4352. STATE— SUPERIN'TENDENT OF SCHOOLS. 375 Joint investigation, with federal government of water resoiireos. Act 4352. STATE BOARD OF HEALTH. State bureau of vital stat- istics, deaths: See Deaths. State hygienic laboratory, for use of director and as- sistants. Act 4260. State hj'^gienic laboratory for use of, establishment, Act 42m. STATE BUREAU OF CRIMINAL IDENTIFICATION: See Bureau of Criminal Identification. STATE CAPITOL, liquors, sale in forbidden, Act 1691. Remodeling, repairing and improvement of, Act 3807. STATE LANDS: See Swamp and Overflowed Lands. Management and sale of. Act 2855. Payments forfeited to state where title sought by fraud, Act 3825. School sections, applications for purchase. Act 2860. State lands, purchasers of, redemption where fore- closed, Act 2872. STATE VETERINARIAN, creation of office of, Act 180. STATISTICS: See Labor Bureau. STATUTES: See Code Commissioner. STENOGRAPHERS: See Shorthand Reporters. STREET RAILWAYS. Electricity, authorized to use. Act 2924. Franf^hises: See Franchises. STREETS. Bonds, street improvement bonds, system of. Act 3932. Franchises for street railways, sale of in cities, Act 1232. Laying out, opening, etc., in cities of forty thousand ' and over. Act 3931. Lighting: See Municipal Corporations. Local improvements under local improvement act, Act 3929. Work upon, act providing for, Act 3930. SUCCESSION. Collateral inheritances, tax on. Act 4040. Tnxes on: See Taxation. SUPERINTENDENT OF SCHOOLS, counties of second class. Act 837, § 159. Counties of third class. Act 837, § 160, sub. 12. Counties of fifth class. Act 837, § 162, sub. 12. Counties of sixth class, Act 837. § 163, sub. 11. Counties of seventh class, Act 837, § 164, sub. 11. 376 SUPERINTENDENT OF SCHOOLS. Counties of eighth class, Act 837, § 165, subs. 11, 16, 17. Counties of ninth class. Act 837, § 166, sub. 9. Counties of tenth class. Act 837, § 167, sub. 11. Counties of eleventh class, Act 837, § 163, sub. 12. Counties of twelfth class, Act 837, § 169, si;b. 11. Counties of thirteenth class. Act 837, § 170, subs. 11, 17. Counties of fourteenth class. Act 837, § 171, sub. 11. Counties of fifteenth class. Act 837, § 172, sub. 12. Counties of sixteenth class, Act 837, § 173, sub. 11. Counties of seventeenth class, Act 837, § 174, sub. 11. Counties of eighteenth class. Act 837, § 175, sub. 11. Counties of nineteenth class. Act 837, § 176', sub. 8. Counties of twentieth class. Act 837, § 177, sub. 11. Counties of twenty-first class, Act 837, § 178, sub. 11. Counties of twenty-third class, Act 837, § 180, sub. 11. Counties of twenty-fifth class, Act 837, § 182, sub. 11. Counties of twenty-seventh class. Act 837, § 184, sub. 11. Counties of twenty-eighth class, Act 837, § 185, sub. 11, Counties of twenty-ninth class. Act 837, § 186, sub. 9. Counties of thirtieth class. Act 837, § 187, sub. 11. Counties of thirty-second class. Act 837, § 189, sub. 11. Counties of thirty-third class, Act 837, § 190, sub. 11. Counties of thirty-fourth class, Act 837, § 191, sub. 11. Counties of thirty-sixth class. Act 837, § 193, sub. 11. Counties of thirty-seventh class, Act 837, § 194, sub. 11. Counties of thirty-eighth class. Act 837, § 195, sub. 11. Counties of thirty-ninth class. Act 837, § 196, sub. 11. Counties of fortieth class, A'ct 837, § 197, sub. 11. Counties of forty-first class. Act 837, § 198, sub. 11. Counties of forty-third class. Act 837, § 200, sub. 11. * Counties of forty-fourth class, Act 837, § 201, sub. 11. Counties of forty-sixth class. Act 837, § 203, sub. 11. Counties of forty-eighth class. Act 837, § 205, sub. 11. Counties of forty-ninth class. Act 837, § 206, sub. 11. Counties of fiftieth class. Act 837, § 207, sub. 11. Counties of fifty-first class. Act 837, § 208, sub. 11. Counties of fifty-third class. Act 837, § 210, sub. 11. Counties of fifty-fourth class. Act 837, § 211, sub. 11. County officer is, Act 837, § 55. Districts, organization of confirmed. Act 3537. Women eligible to office of, Act 837, § 54. SUPERIOR JUDGES— SUPERVISORS. 377 SUPERIOR JUDGES, counties of fifteenth class, salary of, Act 837, § 172, sub. 7. Los Angeles county, three additional judges for, Act 2014. San Joaquin county, additional judge for. Act 3366. Shasta county additional judge for, Act 3599. SUPERVISORS, cities of fifth class, powers of, Act 2348, § 764. Consolidation of offices, what may be consolidated, Act 837, § 55. Counties of second class, Act 837, § 159. Counties of third class. Act 837, § 160, sub. 16. Counties of fifth class, Act 837, § 162, sub. 17. Counties of sixth class, Act 837, § 163, sub. 15. Counties of seventh class. Act 837, § 164, sub. 15. Counties of eighth class. Act 837, § 165, sub. 15. Counties of ninth class. Act 837, g 166, sub. 15. Counties of tenth class. Act 837, § 167, sub. 16. Counties of eleventh class. Act 837, § 168, sub. 14. Counties of twelfth class. Act 837, § 169, sub. 15. Counties of thirteenth class. Act 837, § 170, ;iubs. 13, 17. Counties of fourteenth class, Act 837, § 171, sub. 14. Counties of fifteenth class, Act 837, § 172, sub. 16. Counties of sixteenth class, Act S37, § 173, sub. 15. Counties of seventeenth class, Act 837, § 174, sub. 15. Counties of eighteenth class. Act 837, § 175, subs. 16, 18. Counties of nineteenth class. Act 837, § 176, sub. 16. Counties of twentieth class. Act 837, § 177, sub. 16. Counties of twenty-first class. Act 837, § 178, sub. 13. Counties of twenty-third class, Act 837, § 180, sub. 15. Counties of twenty-fifth class. Act 837, § 182, sub. 15. Counties of twenty-sixth class, Act 837, § 183, sub. 13. Counties of twenty-seventh class. Act 837, § 184, sub. 15. Counties of twenty-eighth class. Act 837, § 185, sub. 15. Counties of twenty-ninth class. Act 837, § 186, sub. 15. Counties of thirtieth class. Act 837, § 187, sub. 15. Counties of thirty-second class, Act 837, § 189, sub. 16. Counties of thi'-t"y-tliird class. Act 837, § 190, sub. 14. Counties of thirty-fourth class, Act 837, § 191, sub. 13. Counties of thirty-sixth class. Act 837, § 193, sub. 15. Counties of thirty-seventh class, Act 837, § 194, sub. 13. Counties of thirty-eighth class, Act 837, § 195, sub. 15. 378 SUPERVISORS-SURVEYORS. Counties of thivty-ninth class, Act 837, § 196, sub. 15. Counties of fortieth class, Act 837, § 197, sub. 15. Counties of forty-first class. Act 837, § 198, sub. 14. Counties of forty-third class, Act 837, § 200, sub. 15. Counties of forty-fourth class, Act 837, § 201, sub. 15. Counties of forty-sixth class. Act 837, § 203, sub. 15. Counties of forty-eighth class, Act 837, § 205, sub. 15. Counties of forty-ninth class, Act 837, § 206, sub. 15. Counties of fiftieth class, Act 837, § 207, sub. 15. Counties of fifty-first class. Act 837, § 208, sub. 15. Counties of fifty-third class. Act 837, § 210, sub. 15. Counties of fifty-fourth class, Act 837, § 211, sub. 15. County officers, are, Act 837, § 55. Forests, authorized to appropriate money for re-fores- tration. Act 837, § 33Vi. Forests, authorized to appropriate money to preserve, Act 837, § 33Vo. Livestock inspector, power to appoint. Act 837, § 55%. Idvestock, ordinances to preserve, expenses of enforce- ment, payment of. Act 837, § 25%. Livestock, ordinances to preserve, may adopt. Act 837, § 251/2. Separation of offices, authoritv of supervisors. Act 837, § 55. Special counsel, supervisors in counties of second class may employ, Act 837, § 159, sub. 7. Spur tracks, may authorize, Act 2334. Spur tracks, permit revocable. Act 2334. State agricultural society, to furnish statistics of pro- ductions. Act 837, § 66a. Transfer of swamp land funds by, to general fund authorized. Act 3962. SURGERY: See Medicine. SURVEYORS. Counties of second class. Act 837, § 159. Counties of third class. Act 837, § 160, sub. 13. Counties of fifth class. Act 837, § 162, sub. 13. Counties of sixth class, Act 837, § 163, sub. 12. Counties of seventh class. Act 837, § 164, sub. 12. Counties of eighth class, Act 837, § 165, subs. 12, 16. Counties of ninth class. Act 837, § 166, sub. 12, Counties of tenth class. Act 837, § 167, sub. 13. Counties of eleventh class, Act 837, § 168, sub. 13. Counties of twelfth class, Act 837, § 169, sub. 12. Counties of thirteenth class. Act 837, § 170, sub. 2. Counties of fourteenth clrss. Act 8o7, § 171, sub. 12. SURVEYORS— SUTTER'S FORT. 279 Counties of fifteenth class, Act 837, § 172, sub. 13. Counties of sixteenth class, Act 837, § 173, sub. 12. Counties of seventeenth class, Act 837, § 174, sub. 12. Counties of eighteenth class. Act 837, § 175, sub. 12. Counties of nineteenth class, Act 837, § 176, sub. 12. Counties of twentieth class. Act 837, § 177, sub. 12. Counties of twenty-first class. Act 837, § 178, sub. 12. Counties of twenty-third class. Act 837, § 180, sub. 12. Counties of twenty-fifth class. Act 837, § 182, sub. 12. Counties of twenty-sixth class, Act 837, § 1S3, sub. 12. Counties of twenty-seventh class, Act 837, § 184 sub. 12. Counties of twenty-eighth class. Act 837, § 185, sub. 12. Counties of twenty-ninth class. Act 837, § 186, sub. 12. Counties of thirtieth class, Act 837, § 187, :^ub. 12. Counties of thirty-second class, Act 837, § 189, sub. 12. Counties of thirty-third class. Act 837, § 190, sub. 12. Counties of thirty-fourth class. Act 837, § 191, sub. 12. Counties of thirty-sixth class, Act 837, § 193, sub. 12. Counties of thirty-seventh class, Act 837, § 194, sub. 12. Counties of thirty-eighth class. Act 837, § 195, sub. 12. Counties of thirtj'-ninth class, Act 837, § 196, sub. 12. Counties of fortieth class, Act 837, § 197, sub. 12. Counties of forty-first class, Act 837, § 198, sub. 12, Counties of forty-third class, Act 837, § 200, sub. 12. Counties of forty-fourth class. Act 837, § 201, sub. 12. Counties of forty-sixth class. Act 837, § 203, sub. 12. Counties of forty-eighth class. Act 837, § 205, sub. 12. Counties of forty-ninth class. Act 837, § 206, sub. 12. Counties of fiftieth class, Act 837, § 207, sub. 12. Counties of fifty-first class. Act 837, § 208, sub. 12. Counties of fifty-third class. Act 837, § 210, sub. 12. Counties of fifty-fourth class. Act 837, § 211, sub. 12. County oflicers, are, Act 837, § 55. Duties of, defined, Act 3990. License of, Act 3990. SURVEYS. Markings of government survey, perpetuation of, Act 3993.' Swamp and overflowed lands, surveys of validated. Act 4031. SUTTER'S FORT, guardian for, appointment of, and du- ties, Act 4017. I 380 SWAMP AND OVERFLOWED LANDS— TAXATION. SWAMP AND OVEEFLOWED LANDS: See Drainage. Lakes, sale of land uncovered by recession of, Act 4031. Sale of, regulation of, Act 4031. Sales of, validating, Act 4031. Survey of, validating. Act 4031. Swamp land funds, supervisors authorized to transfer to general fund, Act 3962. TAXATION. Assessor, counties of first class, Act 837, § 215. Assessor, counties of second class. Act 837, §§ 159, sub. 8, 215. Assessor, counties of third class, Act 837, §§ 160, sub. 8, 215. Assessor, counties of fifth class, Act 837, § 162, sub. 8. Assessor, counties of sixth class. Act 837, § 163, sub. 7. Assessor, counties of seventh class. Act 837, § 164, sub. 7. Assessor, counties of eighth class, Act 837, § 165, subs. 7, 16. Assessor, counties of ninth class, Act 837, § 166, sub. 7. Assessor, counties of tenth class. Act 837, § 167, sub. 7. Assessor, counties of eleventh class. Act 837, § 168, sub. 8. Assessor, counties of twelfth class. Act 837, § 169, sub, 7. Assessor, counties of thirteenth class, Act 837, § 170, subs. 7, 17. Assessor, counties of fourteenth class. Act 837, § 171, sub. 7. Assessor, counties of fifteenth class. Act 837, § 172, sub. 8. Assessor, counties of sixteenth class. Act 837, § 173, sub. 7. Assessor, counties of seventeenth class. Act 837, § 174, sub. 7. Assessor, counties of eighteenth class. Act 837, § 175, sub. 7. Assessor, counties of nineteenth class. Act 837, § 176, sub. 9. Assessor, counties of twentieth class. Act 837, § 177, sub. 7. Assessor, counties of twenty-first class, Act 837, § 178, sub. 7. TAXATION. 381 Assessor, comities of twenty-third class, Act 837, § 180, sub. 7. Assessor, counties of twenty-fifth class, Act 837, § 182, sub. 7. Assessor, counties of twenty-sixth class, Act 837, § 183, sub. 7. Assessor, counties of twenty-seventh class, Act 837, § 184, sub. 7. Assessor, counties of twenty-eighth class, §* 185, sub. 7. Assessor, counties of twenty-ninth class, Act 837, § 186, sub. 7. Assessor, counties of thirtieth class. Act 837, § 187, sub. 6. Assessor, counties of thirty-second class. Act 837, § 189, sub. 7. Assessor, counties of thirty-third class. Act 857, § 190, sub. 7. Assessor, counties of thirty-fourth class. Act 837, § 191, sub. 7. Assessor, counties of thirty-sixth class. Act 837, § 193, sub. 7. Assessor, counties of thirty-seventh class. Act 837, § 194, sub. 7. Assessor, counties of thirty-eighth class. Act 837, § 195, sub. 7. Assessor, counties of thirty-ninth class. Act 837, § 196, sub. 7. Assessor, counties of fortieth class, Act 837, § 197, sub. 7. Assessor, counties of forty-first class. Act 837, § 198, sub. 7. Assessor, counties of forty-third class. Act 837, § 200, sub. 7. Assessor, counties of forty-fourth class. Act 837, § 201, sub. 7. Assessor, counties of forty-sixth class. Act 837, § 203, sub, 7, Assessor, counties of forty-eighth class. Act 837, § 205, sub. 7. Assessor, counties of forty-ninth class. Act 837, § 206, sub. 7. Assessor, counties of fiftieth class, Act 837, § 207, sub. 7. Assessor, counties of fifty-first class, Act 837, § 208, sub. 7. 882 TAXATION. Assessor, counties of fifty-third class, Act 837, § 210 sub. 7. Assessor, counties of fifty-fourth class, Act 837, § 211- sub. 7. Assessor is county officer. Act 837, § 55. Assessors, percentages and commissions of. Act 837, § 215. Cities of fifth class, levy and collection in, Act 2348, § 773. Cities of sixth class, levy and collection of taxes in, Act 2348, § 871. Cities other than first class, levy and collection of taxes, Act 4043. Collateral inheritances, actions against state to quiet title against claims. Act 4036. Collateral inheritances, suits to enforce liens of tax au- thorized. Act 4036. Collateral inheritances, tax on, Acts 4035, 4040. Commission on revision and reform, creation of. Act 4037. Commission on revision and reform, expert on, appoint- ment of. Act 4037. Commission on revision and reform, governor ex-officio member and chairman. Act 4037. Commission on revision and reform, powers, duties and compensation. Act 4037. Delinquent taxes, actions for authorized, Act 4061. Delinquent taxes, form of complaint, Act 4061. Inheritance tax, act providing for, Act 4035. Inheritance tax, collection of. Act 4035. Inheritance tax, disposition of, Act 4035. Eedemption, charges in counties of twentieth class. Act 837, § 177, sub. 4. Eedemption, charges in counties of nineteenth class. Act 837, § 176, sub. 4. Tax collector, counties of second class. Act 837, § 159, sub. 6. Tax collector, counties of third class, Act 837, § 160, sub. 6. Tax collector, counties of fifth class. Act 837, § 162, sub. 6. Tax collector, counties of sixth class, Act 837, § 163, eub. 6. TAXATION. 383 Tax collector, counties of seventh class, Act 837, § 164, sub. 5. Tax collector, counties cf eighth class. Act 837, § 165, subs. 6, 16. Tax collector, counties of ninth class, Act 837, § 166, sub. 6. Tax collector, counties of tenth class. Act 837, § 167, sub. 6. Tax collector, counties of eleventh class, Act 837, § 168, sub. 6. Tax collector, counties of twelfth class. Act 837, § 169, sub. 6. Tax collector, counties of thirteenth class, Act 837, § 170, subs. 6, 17. Tax collector, counties of fourteenth class, Act 837, § 171, sub. 6. Tax collector, counties of fifteenth class, Act 837, § 172, sub. 6. Tax collector, counties of sixteenth class, Act 837, § 173, sub. 6. Tax collector, counties of seventeenth class, Act 837, § 174, sub. 6. Tax collector, counties of eighteenth class. Act 837, § 175, sub. 6. Tax collector, counties of nineteenth class, Act 837, § 176, sub. 6. Tax collector, counties of twentieth class. Act 837, § 177, sub. 6. Tax collector, counties of twenty-first class. Act 837, § 178, sub. 6. Tax collector, counties of twenty-third class. Act 837, § 180, sub. 6. Tax collector, counties of twenty-fifth class. Act 837, § 182, sub. 6, Tax collector, counties of twenty-sixth class. Act 837, § 183, sub. 6. Tax collector, counties of twenty-seventh class, Act 837, § 184, sub. 6. Tax collector, counties of twenty-eighth class. Act 837, § 185, sub. 6. Tax collector, counties of twenty-ninth class, Act 837, § 18G, sub. 6. Tax collector, counties of thirtieth class, Act 837, § 187, sub. 5. 884 TAXATION— TRANSPORTATION. Tax collector, counties of thirty-second class, Act 837, § 189, sub. 6. Tax collector, counties of thirty-tliird class. Act 837, § 190, sub. 6. Tax collector, counties of thirty-fourth class. Act 837, § 191, sub. 6. Tax collector, counties of thirty-sixth class, Act 837, § 193. sub. 6. Tax collector, counties of thirty-seventh class, Act 837, § 194, sub. 6. Tax collector, counties of thirty-eighth class, Act 837, § 195, sub. 6. Tax collector, counties of thirty-ninth class. Act 837, § 196, sub. 6. Tax collector, counties of fortieth class. Act 857, § 197, sub. 6. Tax collector, counties of forty-first class. Act 837, § 198, sub. 6. Tax collector, counties of forty-third class, Act 837, § 200, sub. 6. Tax collector, counties of forty-fourth class, Act 837, § 201, sub. 6. Tax collector, counties of forty-sixth class, Act 837, § 203, sub. 6. Tax collector, counties of forty-eighth class, Act 837, § 205, sub. 6. Tax collector, counties of forty-ninth class. Act 837, § 206, sub. 6. Tax collector, counties of fiftieth class. Act 837, § 207, sub. &. Tax collector, counties of fifty-first class, Act 837, § 208, sub, 6: Tax collector, counties of fifty-third class. Act 837, § 210, sub. 6. Tax collector, counties of fifty-fourth class, Act 837, § 211, sub. 6. Tax collector is county officer. Act 8S'7, § 55. Tax collector is ex-officio license collector, Act 837, § '55. THEATERS, refusal of admission to unlawful, Act 4099. TRADING STAINIPS, penalty for violating statute forbid- ding use of. Act 4123. Use of forbidden, Act 4123. TRANSPORTATION, commissioner of. Act 676. TREASURER, COUNTY. 385 TKEASUREE, COUNTY. Commissions on inheritance and transfer taxes, Act 837, § 215. Counties of second class, salary of, Act 837, § 159, sub. 5. Counties of third class. Act 837, § 160, sub. 5. Counties of fifth class, Act 837, § 162, sub. 5. Counties of sixth class, Act 837, § 163, sub. 5. Counties of seventh class. Act 83'7, § 164, sub. 5. Counties of eighth class, Act 837, § 16o, subs. 5, 16, 17. Counties of ninth class. Act 837, § 166, sub. 5. Counties of tenth class, Act 837, § 167, sub. 5. Counties of eleventh class, Act 837, § 168, sub. 5. Counties of twelfth class, Act 837, § 169, sub. 5. Counties of thirteenth class, Act 837, § 170, subs. 5, 17. Counties of fourteenth class. Act 837, § 171, sub. 5. Counties of fifteenth class, Act 837, § 172, sub. 5. Counties of sixteenth class, Act 837, § 173, sub. 'o. Counties of seventeenth class. Act 837, § 174, sub. 5. Counties of eighteenth class, Act 857, § 175, sub. 5. Counties of nineteenth class. Act 837, § 176, sub. 5. Counties of twentieth class, Act 837, § 177, sub. 5. Counties of twenty-first class, Act 837, § 178, sub. 5. Counties of twenty-third class. Act 837, § 180, sub. 5. Counties of twenty-fifth class. Act 837, § 182, sub. 5. Counties of twenty-sixth class. Act 837, § 183, sub. '5. Counties of twenty-seventh class. Act 837, § 184, sub. 5. Counties of twenty-eighth class, Act 837, § 185, sub. 5. Counties of twenty-ninth class. Act 837, § 186, sub. 5. Counties of thirtieth class. Act 837, § 187, sub. 7. Counties of thirty-second class, Act 8S'7, § 189, sub. 5. Counties of thirty-third class. Act 837, § 190, sub. 5. Counties of thirty-fourth class. Act 837, § 191, sub. 5. Counties of thirty-sixth class, Act 837, § 193, sub. 5. Counties of thirty-seventh class. Act 837, § 194, sub. o. Counties of thirty-eighth class, Act 837, § 195, sub. 5. Counties of thirty-ninth class, Act 837, § 196, sub. 5. Counties of fortieth class, Act 837, § 197, sub. 5. Counties of forty-first class. Act 837, § 198, sub. 5. Counties of forty-third class, Act 837, § 200, sub. 5. Counties of forty-fourth class. Act 837, § 201, sub. 5. Counties of forty-sixth class, Act 837, § 203, sub. 5. Counties of forty-eighth class, Act 837, § 205. sub. 5. Counties of forty-ninth class, Act 837, § 206, sub. 5. General Laws — 33 386 TREASUKER, COUNTY— UNIVERSITY OF CALIFORNIA. Counties of fiftieth class, Act 837, § 207, sub. 5. Counties of fifty-first class, Act 837, § 208, sub. 5. Counties of fifty-third class, Act 837, § 210, sub. 5. Counties of fifty-fourth class. Act 837, § 211, sub. 5. County officer is, Act 837, § 5.5. Mileage, in making state settlements, Act 837, § 215. Special counsel for collection of inheritance or transfer taxes, how paid, Act 837, § 215. TREASURY, STATE. Deposit of state moneys in banks, Act 4134. Payment of moneys received by officers or institutions into, Act 1279. TRUSTEES, city: See Supervisors. TRUSTS AND TRUSTEES. Bond of trustee chargeable against estate, Act 368. Corporations authorized to act as trustees, Act 1055. TULE LAE:E: See Lakes. UNINCORPORATED ASSOCIATIONS. Benefit societies: See Benefit Societies. UNITED STATES: See Federal Government. Transfer of Veterans' Home in Napa to, Act 4289. UNIVERSITY OF CALIFORNIA. Branch agricultural experiment stations, establishment of. Act 4258. Cereal crops, investigation of under direction of agri- cultural experiment station. Act 62. Farmers' institutes, regents authorized to hold, Act 4259. Investigation of tree and plant diseases and pests. Act 4258. Music, department of, created in. Act 4257. Music, professorship of, provision for, Act 4257. Pear blight and -walnut blight, investigation and eradi- cation by. Act 1511. Regents authorized to exchange tract constituting Santa Monica Forestry Station, Act 4256. iSale of intoxicating liquors near, prohibited. Act 4253. State hygienic laboratory, director and assistants, Act 4260. State hygienic laboratory, establishment of. Act 4260. University farm, commission to select and purchase. Act 4260a. UNIVERSITY OF CALIFORNIA— WATER COMPANIES. 387 University farm, provision for purchase of, Act 4260a. University farm, school of agriculture and system of instruction on, Act 4260a. Viticulture, experimental and research work in by, Act 1511. Viticulture, reports of results, investigations and ex- periments, Act 1511. USURY: See Interest. VACCINATION, general, encouraged and provided for, Act 2840. VALLEJO, charter of, Act 4265. VAN NESS ORDINANCE, ratification and confirmation of, Act 3332. VETERANS: See Soldiers and Sailors; Veterans' Home. VETERANS' HOME, appropriation for support of indigent persons in, Act 4286. Conveyance of property in Napa to state accepted. Act 4283. Liquor, sale of near, prohibited. Act 1692. Napa county, directors authorized to purchase certain property, Act 4290. Napa county, made a state home for soldiers, sailors and marines, Act 42S3. Napa county, transfer of to federal government, for national home, Act 4289. Napa county, sale of liquor near, prohibited. Act 1693. Sale of liquor near, prevention of, Act 3696. VETERINARIAN. State, creation of office of, Act 180. VITICULTURE. University, experimental and research work in by, Act 1511. University, publication of results of investigation and experiments by. Act 1511. VITAL STATISTICS: See Deaths; Labor Bureau. WAGES: See Master and Servant. WAREHOUSEMEN, receipts, act relating to. Act 4318. Receipts, issuance, sale and transfer of, regulation of, Act 4319. Sale of goods in warehouses in other states. Act 4319.. ,: WATER COMPANIES, rights of way for. Act 4347. ■ Sale, rental and distribution of appropriated water. Act ■ 4347. 888 "WATERS— YOSEMITE VALLEY. WATERS. Ditches and flumes, protection of owners of, Act 950. Lakes: See Lakes. Levee districts: See Levee Districts. Joint investigation with federal government of water resources, Act 4352. WATERWORKS, incurring indebtedness for by cities, Acts 2361, 2900. WATSONVILLE, charter of, Act 4370. WHARFINGERS' receipts, act relating to, Act 4318. WHITTIER STATE SCHOOL, commitments to, Act 4410. Establishment of. Act 4408. Evil-disposed persons prevented from coming on grounds of, Acts 2755, 4409. Maintenance of persons committed, responsibility for, Act 4410. Trustees authorized to keep girls in charitable institu- tions or with private persons, Act 4411. WILLS, cities, counties and officers authorized to receive and administer gifts by. Act 1356. Tax on devises or legacies: See Taxation. WITNESSES. Fees, counties of thirty-fourth class. Act 837, § 191, sub. 19. Pees, counties of thirty -eighth class, Act 837, § 195, sub. 16. Fees of, Act 1123. Fees of, in San Francisco, Acts 3217, 3346. WRITS. Constables, authority of, to serve, Act 837, § 153. YOSEMITE VALLEY, free wagon road from Mariposa to, Act 4467. Re-ceded to federal government. Act 4470. Repeal of act for free wagon road from Mariposa to, Act 1450. GENERAL LAWS CALIFORNIA. AS AMENDED UP TO THE END OF THE SESSION OF 1903, Containing the Laws that are in Common Use in Full, WITH KEFERENCES TO OthEK GENERAL LAWS IN Force, and also to Special Laws. EDITED BY JAMES H. DEERING, Of the San Francisco Bar. STATUTORY HISTORY AND CITATION DIGEST BY WALTER S. BRANN, Of the San Francisco Bar. SAN FKANCISCO. BANCROFT-WHITNEY CO. Law Publishers and Law Booksellers. 1903. Copyright 1903. BANOEOFT-WHIT^EY CO. San Francisco: A. MURDOCK & COi Printers. 1903. PKEFACE. We desire to call attention to the system of numbering each of the acts of the legislature referred to and pub- lished in this book. The purpose of so numbering them is to provide a convenient system of citing these laws. By citing them by number much time and confusion will be saved. This method of numbering the statutes has been fol- lowed in several of the eastern states, and has resulted in great simplicity and certainty in referring to them. It could be adopted in this state with advantage both to the legislatures and those making use of the published statutes. The editors have been greatly assisted in the compila- tion of this work by the very able and exhaustive report on the statutes in force by Messrs. A. C. Freeman, W. C. Van Fleet, and George J. Denis, the commissioners for the revision and reform of the law. Much of the historical matter and a large number of the notes contained in it have been taken from this report. It is regarded as so valuable and of such great practical utility that it is incorporated in this work in the Appendix. CONTENTS. Title 1. Abortion, p. 1. " 2. Accord and Satisfaction, p. 1. " 3. Accountants, p. 1. " 4. Acknowledgments, p. 4. " 5. Adoption, p. 5. " 6. Adulteration, p. 5. " 7. Adultery, p. 7. " 8. Aged Persons, p. 7. " 9. Agents, p. 7. " 10. Agriculture, p. 7. " 11. Alameda City, p. 21. " 12. Alameda County, p. 22. " 13. Alameda Creek, p. 24. " 14. Aliens, p. 25. " 15. Alpine County, p. 26. " 16. Alviso City, p. 27. " 17. Amador City, p. 27. " 18. Amador County, p. 27. " 19. American Water and Mining Company, p. 28. " 20. Anaheim, p. 28. " 21. Anatomy, p. 28. " 22. Animals, p. 28. " 23. Antioch, p. 30. " 24. Antonio Creek, p. 31. " 25. Antwerp Messenger, p. 31. " 26. Appentices, p. 31. ' " 27. Arbitration, p. 31. " 28. Architecture, p. 34. " 29. Arms, p. 39. " 30. Arrest, p. 40. " 31. Arroyo del Medo, p. 40. " 32. Artesian Wells, p. 40. " 33. Assault, p. 42. " 34. Assessors, p. 42. " 35. Assignment of Contracts, p. 42. " 36. Attorney-General, p. 42. " 37. Attorneys-at-Law, p. 43. Title 38. " 39. " 40. " 41. " 42. " 43. " 44. " 45. " 46. " 47. " 48. " 49. " 50. " 51. " 52. " 53. " 54. " 55. " 56. " 57. " 58. " 59. " 60. " 61. " 62. " 63. " 64. " 65. " 66. " 67. " 68. " 69. " 70. " 71. " 72. " 73. " 74. " 75. " 76. " 77. " 78. " 79. CONTENTS. Auburn, p. 43. BanKi'uptcy and Insolvency, p. 43. Banks and Banking, p, 44. Barbers, p. 55. Bee Culture, p. 55. Benefit Societies, p. 55. Benevolent Corporations, p. 56. Benicia, p. 56. Berkeley, p. 57. Big Trees, p. 57. Bills and Notes, p. 57. Blue Books, p. 57. B'nai-B'rith, p. 57. Board of Examiners, p. 58. Boards of Freeholders, p. 58. Bonds, p. 59. Booms, p. 69. Boundaries of State, p. 69. Bounties, p. 70. Branciforte, p. 70. Brazos del Rio, p. 70. Bridges, p. 70. Brooklyn, p. 74. Building and Loan Associations, p. 74. Buoys and Beacons, p. 74. Burial, p. 74. Butte County, p. 74. Butter, p. 76. Calaveras County, p. 77. California and Oregon R. R. Company, p. 78. California Pacific R. R. Company, p. 78. California Polytechnic School, p. 79. California Redwood Park, p. 80. California Statutes, index to, p, 80. California "Volunteers, p. 81. Canal Corporations, p. 81. Canals, p. 81. Capitol, p. 81. Cemeteries, p. 82. Cemetery Corporations, p. 85. Census, p. 85. Central Pacific R. R. Company, p. 86. CONTENTS. Title 80. Chambers of Commerce, p. 87. 81. Charities and Corrections, p. 87. 82. Cheese, p. 90. 83. Chico, p. 91. 84. Chinese, p. 91. 85. City Attorney, p. 93. 86. Civil Rights, p. 93. 87. Clear Lake, p. 94. 88. Cloverdale, p. 94. 89. Coast Survey, p. 94. 90. Codes, p. 95. 91. College City, p. 95. 92. Colleges, p. 95. 93. Coloma, p. 96. 94. Colton Hall, p. 96. 95. Colusa County, p. 96. 96. Colusa, Town of, p. 98. 97. Commissioners in Equity, p. 98. 98. Commissioners of Transportation, p. 99. 99. Common Law, p. 99. 100. Congress, p. 99. 101. Conspiracy, p. 99. 102. Constables, p. 100. 103. Constitution, p. 100. 104. Contra Costa County, p. 100. 105. Controller, p. 102. 106. Convicts, p. 102. 107. Co-operative Associations, p. 103. 108. Coroners, p. 103. 109. Corporations, p. 104. 110. Costs, p. 107. 111. Cotenancy, p. 107. 112. Counterfeiting, p. 108. 113. Counties, p. 108. 114. County Boundaries, p. 109. 115. County Clerk, p. 110. 116. County Government, p. 111. 117. Courts, p. 323. 118. Coyote Scalps, p. 324. 119. Crescent City, p. 324. 120. Criminal Law, p. 325. 121. Cruelty to Animals, p. 325. Till CONTENTS. Dairies, p. 326. Davisville, p. 326. Deadly Weapons, p. 326. Deaf, Dumb, and Blind Asylum, p. 326. Debris Commissioners, p. 327. Deeds, p. 327. Del Norte County, p. 327. Dentistry, p. 328. Descent and Distribution, p. 339. Diablo Creek, p. 339. Dissection, p. 340. District Attorneys, p. 340. Ditches, p. 340. Divorces, p. 341. Dixon, p. 341. Dogs, p. 342. Dorris Bridge, Town of, p. 343. Downieville, p. 343. Drainage, p. 343. El Dorado County, p. 388. Elections, p. 390. Elisors, p. 392. Emigration, p. 392. Employment Agents, p. 392. Escape, p. 393. Escheat, p. 393. Estates of Deceased Persons, p. 393. Estrays, p. 394. Etna, p. 400. Eureka, p. 400. Explosives, p. 400. Factories, p. 404. Feather River, p. 404. Feeble-Minded Children, p. 404. Fees, p. 406. Felton, p. 416. Fences, p. 416. Ferries, p. 418. Ferry Depot, p. 419. Fertilizers, p. 419. Fiddletown, p. 423. Fire, p. 424. Title 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. CONTENTS. Title 164. Fire Department, p. 424. 165. Fire Patrol, p. 425. 166. Fiscal Year, p. 426. 167. Flag, p. 426. 168. Folsom, p. 426. 169. Forcible Entry, p. 426. 170. Foreclosure, p. 426. 171. Forestry, p. 427. 172. Fort Jones, p. 428. 173. Frafichises, p. 428. 174. Fraudulent Conveyances, p. 429. 175. Free Libraries, p. 429. 176. Fresno City, p. 433. 177. Fresno County, p. 433. 178. Funds, p. 435. 179. Galinas Slough, p. 436. 180. Gaming, p. 436. 181. Game Laws, p. 436. 182. Gas, p. 441. 183. Geological Survey, p. 445. 184. Gifts, p. 445. 185. Gilroy, p. 446. 186. Glenn County, p. 446. 187. Goats, p. 446. 188. Golden City Homestead Associations, p. 447. 189. Good Templars, p. 447. 190. Governor, p. 447. 191. Grand Army of the Republic, p. 448. 192. Grass Valley, p. 448. 193. Growing Trees, p. 448. 194. Guardian and Ward, p. 449. 195. Habeas Corpus, p. 449. 196. Harbor Commissioners, p. 449. 197. Hastings College of the Law, p. 451. 198. Haywards, p. 451. 199. Healdsburg, p. 451. 200. Highways, p. 452. 201. Holidays, p. 462. 202. Hollister, p. 462. 203. Home of Adult Blind, p. 462. 204. Homesteads, p. 462. 205. Homestead Corporations, p. 463. Title ( 206. 207. 208. 209. 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 221. 222. 223. 224. 225. 226. 227. 228. 229. 230. 231. 232. 233. 234. 235. 236. 237. 238. 239. 240. 241. 242. 243. 244. 245. 246. 247. CONTENTS. Homing Pigeons, p. 463. Hops, p. 464. Hornitos, p. 464. Horticulture, p. 464. Hospitals, p. 475. Hotels, p. 477. Hours of Labor, p. 477. House of Correction, p. 482. Houses of Prostitution, p. 482. Humboldt Bay, p. 482. Humboldt County, p. 483. Hunting on Private Grounds, p. 484. Husband and Wife, p. 484. Immigration, p. 485. Inclosures, p. 485. Index, p. 485. Indians, p. 486. Infants, p. 486. Insane, p. 488. Insects, p. 493. Insolvency, p. 493. Insurance, p. 493. Interest, p. 495. Interpreters, p. 495. Intoxicating Liquors, p. 496. Inventory, p. 497. Inyo County, p. 497. Irrigation, p. 498. Jewish Order of Kesher shel Barsel, p. 558. Judges of the Plains, p. 558. Judgments, p. 558. Jurors, p. 560. Justices of the Peace, p. 560. Jute Goods, p. 562. Juvenile Court, p. 562. Kaweah River, p. 562. Keeper of Archives, p. 563. Kern County, p. 563. Keyes Creek, p. 564. Kings County, p. 564. Klamath County, p. 564. Klamath River, p. 564. CONTENTS. Title 248. Knight's Landing, p. 564. 249. Laborers, p. 565. 250. Labor Statistics, p. 565. 25L Lake Bigler, p. 565. 252. Lalie County, p. 565. 253. Lake Earl, p. 566. 254. Lakeport, p. 566. 255. Lake Taboe, p. 566. 256. Landlord and Tenant, p. 567. 257. Larceny, p. 567. 258. Lassen County, p. 567. 259. Law Libraries, p. 568. 260. Leases, p. 568. 261. Legal Tender, p. 569. 262. Legislation, p. 569. 263. Legislative Districts, p. 569. 264. Levee Districts, p. 570. 265. Lexington, p. 574. 266. Libel, p. 574. 267. Licenses, p. 574. 268. Liens, p. 579. 269. Lighthouses, p. 580. 270. Livermore, p. 581. < 271. Lodging-houses, p. 581. 272. Logs, p. 581. 273. Los Angeles City, p. 581. 274. Los Angeles County, p. 583. 275. Los Nietas, p. 585. 276. Los Nitas Collegiate Institute, p. 585. 277. Lost Property, p. 585. 278. Lost Warrants, p. 585. 279. Lotteries, p. 586. 280. Lower Lake, p. 586. 281. Lumber Manufacturers, p. 587. 282. Madera County, p. 587. 283. Mad River, p. 587. 284. Maps, p. 587. 285. Marin County, p. 589. 286. Mariposa County, p. 590. 287. Markleeville, p. 590. 288. Marks and Brands, p. 591. 289. Marriage and Married Women, p. 593, xil CONTENTS. Title 290. Marshall Monument, p. 593. " 291. Martinez, p. 594. " 292. Marysville, p. 594. " 293. Master and Servant, p. 594. " 294. Mayors, p. 595. " 295. Meadow Lake, p. 595. " 296. Mechanics' Institutes, p. 595. " 297. Medicine, p. 596. " 298. Mendocino County, p. 607. " 299. Menlo Park, p. 607. " 300. Merced City, p. 607. " 801. Merced County, p. 608. " 302. Mexican War, p. 608. " 303. Military Academy, p. 608. " 304. Mineral Cabinet, p. 609. " 305. Mines and Mining, p. 609. " 306. Mining Corporations, p. 625, " 307. Missing Persons, p. 626. " 308. Mobs, p. 628. " 309. Modesto, p. 628. " 310. Modoc County, p. 628. " 311. Mokelumne Hill, p. 629. " 312. Mokelumne .River, p. 629. " 313. Money, p. 629. " 314. Mono County, p. 630. " 315. Monterey City, p. 630. " 316. Monterey County, p. 630. " 317. Monterey Custom House, p. 632. " 318. Moro Cojo Slough, p. 632. " 319. Mortgages, p. 632. " 32(?. ^Municipal Corporations, p. 632. " 321. Napa City, p. 953. " 322. Napa County, p. 954. " 323. Napa Ladies' Seminary, p. 955. " 324. Napa River, p. 955. " 325. National Guard, p. 956. " 326. Naturalization, p. 956. " 327. Naval Battalion, p. 957. " 328. Navigation, p. 957. " 329. Negligence, p. 957. " 330. Neuces Creek, p. 957. " 331. Nevada City, p. 958, CONTENTS. xiil' Nevada County, p. 958. New Republic, p. 959. 334. New San Pedro, p. 959. 335. North Beach and Mission R. R. Co., p. 959. 336. North S. F. Homestead and R. R. Associa- tion, p. 959. 337. Notaries, p. 959. 338. Novato Creek, p. 960. 339. Nueces Creek, p. 960. 340. Nuisances, p. 960. 341. Oakland, p. 960. 342. Odd Fellows, p. 962. 343. Officers, p. 963. 344. Oil, p. 965. 345. Oleomargarine, p. 966. 346. Olive Oil, p. 967. 347. Optometry, p. 967. 348. Orange County, p. 972. 349. Ordinances, p. 972. 350. Oroville, p. 973. 351. Orphan Asylum, p. 974. 352. Osteopathy, p. 974. 353. Oysters, p. 977. 354. Paris Green, p. 977. 355. Parole Commissioners, p. 979. 356. Partnerships, p. 979. 357. Paupers, p. 979. 358. Pawnbrokers, p. 983. 359. Pensions, p. 984. 360. Pest Houses, p. 984. 361. Petaluma, p. 984. 362. Petaluma Creek, p .985. 363. Pharmacy, p. 985. 364. Pilots, p. 992. 365. Pitt River, p. 992. 366. Placer County, p. 992. 367. Placerville, p. 994. 368. Plumas County, p. 994. 369. Plymouth, p. 995. 370. Poisons, p. 995. 371. Police, p. 995. 372. Police Courts, p. 996. xiT CONTENTS. Title 373. Poultry, p. 1004. " 374. Preston School of Industry, p. lOOSi. " 375. Prisons, p. 1006. " 376. Prize-fighting, p. 1010. " 377. Probate Courts, p. 1010. " 378. Process, p. 1010. " 379. Prostitution, p. 1011. " 380. Protection Districts, p. 1011. " 381. Public Administrators, p. 1024» " 382. Public Buildings, p. 1024. " 383. Public Debt, p. 1025. " 384. Public Health, p. 1027. " 385. Public Lands, p. 1034. " 386. Public Parks, p. 1038. " 387. Public Works, p. 1039. " 388. Putah Creek, p. 1066. " 389. Quarantine, p. 1066. " 390. Railroads, p. 1070. *• 391. Ramie Culture, p. 1073. " 392. Reclamation Districts, p. 1073» " 393. Recorders, p. 1082. " 394. Records, p. 1082. " 395. Red Bluff, p. 1083. " 396. Redding, p. 1083. " 397. Red Men, p. 1083. " 398. Redwood City, p. 1083. •* 399. Revenue, p. 1084. " 400. Riverside County, p. 1084. " 401. Rodeos, p. 1084. " 402. Rough and Ready, p. 1085. " 403. Sacramento City, p. 1085. " 404. Sacramento County, p. 1087. " 405. Salinas City, p. 1089. " 406. Salinas River, p. 1089. " 407. San Antonio Creek, p. 1089. " 408. San Benito County, p. 1090. " 409. San Bernardino County, p. 1090. " 410. San Bernardino, Town of, p. 1092. " 411. San Buenaventura, p. 1092. ■• 412. San Diego City, p. 1092. " 413. San Diego County, p. 1093. " 414. San Francisco, p. 1095. CONTENTS. 415. Sanitary Districts, p. 1117. 416. San Joaquin County, p. 1132. 417. San Joaquin River, p. 1134. 418. San Jose, p. 1134. 419. San Juan, p. 1135. 420. San Leandro, p. 1135. 421. San Luis Obispo County, p. 1135. 422. San Luis Obispo, town of, p. 1137. 423. San Mateo County, p. 1137. 424. San Rafael, p. 1139. 425. Santa Barbara City, p. 1139. 426. Santa Barbara County, p. 1140. 427. Santa Clara City, p. 1141. 428. Santa Clara County, p. 1141. 429. Santa Cruz City, p. 1143. 430. Santa Cruz County, p. 1143. 431. Santa Monica, p. 1144. 432. Santa Rosa, p. 1145. 433. Schools, p. 1145. 434. Secretary of State, p. 1201. 435. Seduction, p. 1201. 436. Sewers, p. 1201. 437. Shasta County, p. 1202. 438. Shasta, Town of, p. 1203. 439. Sheep, p. 1203. 440. Sheriffs, p. 1210. 441. Sherman Island, p. 1210. 442. Shipping, 1210. 443. Sierra County, p. 1210. 444. Sierra Iron Company, p. 1211. 445. Silk Culture, p. 1211. 446. Siskiyou County, p. 1211. 447. Smith River, p. 1212. 448. Solano County, p. 1212. 449. Soldiers and Sailors, p. 1213. 450. Sonoma City, p. 1214. 451. Sonoma County, p. 1214. 452. Sonoma River, p. 1216. 453. Sonora, p. 1216. 454. Southern Pacific R. R. Company, p. 1216. 455. Spanish Land Claims, p. 1216. 456. Stallions, p. 1216. xvi CONTENTS. Title 457. Stanford University, p. 1216. 458. Stanislaus County, p. 1218. 459. Stanislaus River, p. 1219. 460. State, p. 1219. 461. State Analyst, p. 1222. 462. State Capitol, p. 1223. 463. State Engineer, p. 1223. 464. State Flower, p. 1223. 465. State Geological Survey, p. 1223. 466. State Lands, p. 1224. 467. State Library, p. 1228. 468. State Printer, p. 1228. 469. State Prisons, p. 1228. 470. State Treasurer, p. 1230. 471. Statute of Limitations, p. 1230. 472. Statutes, p. 1230. 473. Steamboats, p. 1231. 474. St. Helena, p. 1231. 475. Stockton, p. 1231. 476. Stockton Slough, p. 1232. 477. Strawberry Valley, p. 1232. 478. Street Railroads, p. 1232. 479. Streets, p. 1232. 480. Suisun City, p. 1342. 481. Summons, p. 1342. 482. Sunday, p. 1342. 483. Supervisors, p. 1343. 484. Supreme Court Commission, p. 1344. 485. Supreme Court Library, p. 1344. 486. Supreme Court Reporter, p. 1345. 487. Surveyor-General, p. 1345. 488. Surveyors, p. 1345. 489. Sutter County, p. 1349. 490. Sutter Creek, p. 1350. 491. Sutter's Fort, p. 1351. 492. Swamp and Overflowed Lands, p. 1351. 493. Taxation, p. 1355. 494. Tehama County, p. 1381. 495. Tehama, Town of, p. 1382. 496. Telegraph Lines, p. 1382. 497. Theaters, p. 1383. 498. Thistle, p. 1384. CONTENTS. XTU Title 499. Tia Juana Flood, p. 1384. " 500. Torrens Land System, p. 1384. " 501. Trademarks, p. 1421. " 502. Training-ship, p. 1421. " 503. Tramroad Companies, p. 1421. " 504. Treasurers, p. 1421. " 505. Trespass, p. 1422. " 506. Trinity County, p. 1422. " 507. Trusts, p. 1423. " 508. Tulare County, p. 1439. " 509. Tuolumne County, p. 1440. " 510. Tuolumne River, p. 1441. " 511. Turnpike Corporations, p. 1441. " 512. Ukiah, p. 1441. " 513. Union, p. 1442, " 514. United States, p. 1442. 515. United States Coast Survey, p. 1442. " 516. United States Flag, p. 1442. " 517. United States Senators, p. 1443. " 518. University of California, p. 1443. " 519. Vagrancy, p. 1445. " 520. Vallejo, p. 1445. " 521. Ventura County, p. 1446. " 522. Veterans' Home, p. 1446. " 523. Veterinary Surgery, p. 1447. " 524. Visalia, p. 1450. " 525. Viticulture, p. 1450. " 526. Wagon-Road Corporations, p. 1452. " 527. Warehouses, p. 1452. " 528. Warm Springs Creek, p. 1452. " 529. Warrants, p. 1452. " 530. Washington Township, p. 1453. " 531. Water Commissioners, p. 1453. " 532. Water Companies, p. 1453. " 533. Waters, p. 1456. " 534. Watsonville, p. 1461. " 535. Weaverville, p. 1461. " 536. Weights and Measures, p. 1461. " 537. West Side Irrigation District, p. 1463. " 538. Wharfingers, p. 1463. " 539. Wharves, p. 14G3. " 540. Wheatland, p. 1463. xvlU CONTENTS. Whittier State School, p. 1463. Wilmington, p. 1464. Woman's Relief Corps, p. 1464. Woodbridge, p. 1465. Woodland, p. 1465. Wrecks, p. 1465. Yacht Clubs, p. 1465. Yolo County, p. 1465. Yosemite Valley, p. 1467. Yreka, p. 1467. Yuba City, p. 1467. Yuba County, p. 1468. Title 541. « 542. M 543. M 544. M 545. M 546. M 547. M 548. M 549. M 550. M 551. M 552. GENERAL LAWS STATE OF CALirOR:N^IA TITLE 1. ABORTION. ACT 1. To suppress injurious publications. [Stats. 1858, 204.] This was an act to prevent advertising to procure abortions. It was superseded by PeBal Code, sec. 317. TITLE 2. ACCORD AND SATISFACTION. ACT 6. For the relief of debtors. [Stats. 1867-8, 31.] This act permitted the discharge of the whole of a debt on payment of part. It was superseded by Civil Code, sees. 1521-1524. Cal.Rep.Cit. 45, 371. TITLE 3. ACCOUNTANTS. ACT 11. An act to create a state board of accountancy and pre- scribe its duties and powers; to provide for the exam- ination of and issuance of certificates to qualified applicants, with the designation of certified public accountant; and to provide the grade of penalty for violations of the provisions hereof. [Approved March 23, 1901; Stats. 1901, 645.] The people of the state of California, represented in senate and assembly, do enact as follows: Gen. Laws— 1 2 ACCOUNTANTS. Section 1. Within thirty days after the passage of this act the governor shall appoint five persons, at least three of whom shall be competent and skilled public accountants who shall have been in practice as such in this state for not less than five consecutive years, to constitute and serve as a state board of accountancy. The members of such board shall, within thirty days after their appointment, take and subscribe to the oath of oflfice as prescribed by the Political Code, and file the same with the secretary of state. They shall hold office for four years, and until their successors are appointed and qualified; save and except that one of the members of the board first to be appointed under this act shall hold office for one year; one for two years; one for three years, and two for four years. Any vacancies that may occur, from any cause, shall be filled by the governor for the unexpired term; provided, that all appointments made after the first year must be made from the roll of certificates issued and on file in the office of the governor. Sec. 2. The state board of accountancy shall have its office in the city and county of San Francisco, and its powers and duties shall be as follows: 1. To formulate rules for the government of the board and for the examination of and granting of certificates of qualification to persons applying therefor; 2. To hold written examinations of applicants for such certificates, at least semi-annually, at such places as cir- cumstances and applications may warrant; 3. To grant certificates of qualification to such appli- cants as may, upon examination, be found qualified in "theory of accounts," "practical accounting," "auditing," and "commercial law," to practice as certified public ac- countants ; 4. To charge and collect from all applicants such fee, not exceeding twenty-five dollars, as may be necessary to meet the expenses of examination, issuance of certificates and conducting its office; provided, that all such expenses, including not exceeding five dollars per day for each mem- ber while attending the sessions of the board or conducting examinations, must be paid from the current receipts, and no portion thereof shall ever be paid from the state treasury; ACCOUNTANTS. 3 5. To require the annual renewal of all such certificates, and to collect therefor a renewal fee of not exceeding one dollar; 6. To revoke for cause any such certificate, after writ- ten notice to the holder, and a hearing being had thereon; provided, that such revocation must receive the affirmative vote of at least four members of the board; 7. To report annually to the governor, on or before the first day of December, all such certificates issued or re- newed, together with a detailed statement of receipts and disbursements; provided, thiat any balance i^emaining in excess of the expenses incurred may be retained by the board and used in defraying the future expenses there- of; 8. The board may, in its discretion, under regulations provided by its rules, waive the examination of applicants possessing the qualifications mentioned in section three, who shall have been for more than three years prior to the passage of this act practicing in this state as public accountants on their own account, and who shall, in writing, apply for such certificates within one year there- after. Sec. 3. Any citizen of the United States, or any per- son who has duly declared his intention of becoming such citizen, residing and doing business in this state, being over the age of twenty-one years and of good moral char- acter, may apply to the state board of accountancy for examination under its rules, and for the issuance to him of a certificate of qualification to practice as a certified public accountant, and upon the issuance and receipt of such certificate, and during the period of its existence, or of any renewal thereof, he shall be styled and known as a certified public accountant or expert of accounts, and no other person shall be permitted to assume and use such title or to use any words, letters or figures to indicate that the person using the same is a certified public ac- countant. Sec. 4. Any violation of the provisions of this act shall be deemed a misdemeanor. Sec. 5. This act shall take effect from and after its pas.sage. 4 ACKNOWLEDGMENTS. TITLE 4. ACKNOWLEDGMENTS. The legislature at various times has passed statutes validating acknowledgments. See Civil Code, sec. 1207. Consult the following acts in this connection : ACT 16. Legalizing acknowledgments of deeds. [Stats. 1852, p. 166.] This act legalized acknowledgments taken by recorders before March 26, 1851. ACT ir. To legalize certain acknowledgments. [Stats. 1859, p. 212.] This act legalized acknowledgments taken by deputy clerks of the superior court and deputy county recorders. ACT 18. Concerning certain acknowledgments of deeds and other instruments in writing, affecting real estate. [Stats. 1860, 179.] This act provided for correcting defective certificates. It was superseded by Civil Code, sec. 1202. ACT 19. To legalize certain acknowledgments, required by section 2 of an act to provide for the formation of chambers of commerce, boards of trade, mechanics' institutes and similar protective associations. [Stats. 1S85, p. 55.] This act appears in full in Civil Code, Appendix, p. 665. ACT 20. To legalize certain acknowledgments. [Stats. 1891, p. 20.] Superseded 1897, 29, chap. XXXII. This act legalized acknowledgments by court commissioners. Cal.Rep.Cit. 97, 483; 108, 145. ACT 21. To legalize certain acknowledgments. [Stats. 1897, p. 29.] This act legalized acknowledgments before court commissioners and county clerks. ADOPTION— ADULTERATION. B TITLE 5. ADOPTION. ACT 26. Providing for the adoption of minors and the legiti- mizing children born out of wedlock. [Stats. 1869-70, 530.] Superseded by Civil Code. Cal.Rep.Cit. 81, 420; 81, 441; 81, 446, ACT 27. To authorize managers of orphan asylums to give their consent to the adoption of children under their care. [Stats. 1877-8, p. 963.] See Civ. Code, sec. 224 ; amended 1895, 39. Cal.Rep.Cit. 65, 382. TITLE 6. ADULTERATION. ACT 32. To prevent fraud and deception in the manufacture and sale of butter and cheese. [Stats. 1881, p. 14.] Superseded by 1895, 41 ; 1897, 65. ACT 33. To prevent deception in the manufacture and sale of butter and cheese and to secure its enforcement. [Stats. 1895, p. 41.] Repealed in effect 1897, 65. ACT 34. To prevent deception in the manufacture and sale of butter and cheese, to secure its enforcement and to appropriate money therefor. [Stats. 1897, p. 65.] This act is in full in the Appendix to the Penal Code, p. 574. ACT 35. To provide against the adulteration of food and drugs. [Stats. 1895, p. 71.] This act is in full in the Appendix to the Penal Code, p. 557. ACT 36. To prevent the adulteration of food and liquors. [Stats. 1862, t84.] Superseded by Penal Code, sec. 382. « ADULTERATION. ACT 37. To prevent the sale of imitation or adulterated honey. [Stats. 1895, p. 94.] Superseded 1897, 12. ACT 38. To prohibit the adulteration of honey, and to provide a punishment therefor. [Stats. 1897, p. 12.] This act is in full in the Appendix to the Penal Code, p. 559. ACT 39. To protect and encourage the production and sale of pure and wholesome milk, and to prohibit and punish the production or sale of unwholesome or adulterated milk. [Stats. 1869-70, 298.] Superseded by Penal Code, sec. 3S2. ACT 40. To provide for analyzing minerals, mineral waters, and other liquids, and medicinal plants, and of foods and drugs, to prevent the adulteration of the same. [Stats. 1885, p. 43.] This act appears in full in Political Code, Appendix, p. 1111. ACT 41. To regulate the sale of imitation olive oil. [Stats. 1893, p. 210.] This act is in full in the Appendix to the Penal Code, p. 638. ACT 43. To prohibit and punish the sale of adulterated syrup. [Stats. 1877-8, p. 695.] This act is in full in the Appendix to the Penal Code, p. 551. ACT 43. To prohibit the sale and disposal of adulterated spirituous or alcoholic liquors, wines or cider. [Stats. 1860, 186.] Superseded by Penal Code, sec. 3S2. ACT 44. To prohibit the sophistication and adulteration of wine and to prevent fraud in the manufacture and sale therepf. [Stats. 1887, p. 46.] This act is in full in the Appendix to the Penal Code, p. 551. Cal.Rep.Cit. 74, 29 ; 74. 39 : 102, 164. ADULTERY— AGRICULTURE. TITLE 7. ADULTERY. ACT 49. Adultery, act to punish. [Stats. 1871-2, p. 380.] iriiis act appears in full in the Penal Code, Appendix, p. 560. TITLE 8. AGED PERSONS. See Home of Adult Blind ; Veterans' Home Association. ACT 54. To appropriate money for the support of aged per- sons in indigent circumstances, [Approved Marcli 15, 1883. Stats. 1883, 380.] Repealed 1895, 23. This act provided for an appropriation of one hundred dollars lor every aged person, minor, orphan, half orphan, or abandoned child maintained in any institution. Cal.Rep.Cit. 69. 74; 77, 134; 114, 395; 123, 151. TITLE 9. ACT 50. AGENTS. Relating to advances, bona fide, made to agents intrusted with goods, and for the better protection of such, ad- vances. [Stats. 1877-8, p. 835.] Repealed 1S80, 120. Cal.Rep.Cit. 66, 308. TITLE 10. AGRICULTURE. See Fruit Trees and Vines ; Horticulture ; Silk Culture ; Viti- culture. ACT 64. An act to authorize state agricultural societies under the control of the state to sell property held by them in fee, or held by trustees for their use, or in which they may have any interest; to prescribe a course of pro- cedure therefor; to indemnify purchasers at such sale, and to direct how the proceeds shall be applied. [Stat, approved February 25, 1897. Stats. 1897, 30. Amended 1899, IOC] 8 AGRICULTURE. Section 1. Whenever any state agricultural society under state control shall desire to sell the whole or any portion of its real estate held by it in fee, or by a trustee for its use, or in which it may have any title, interest, or claim, it shall be lawful for such society or association to file its complaint in the superior court of the county in which such lands are situated, setting forth the nature of the title under which the land to be affected by the decree of the court is held, and what claim such society or asso- ciation has therein; and that it is the desire of such society or association to sell such real estate, and praying for judgment authorizing it to sell the same. In such action the trustee or trustees holding title in trust for such so- ciety or association, or their successors, or the survivor or survivors of them, or such other persons deriving title from the trustees, as the case shall require, shall be made parties defendant; and upon the service of the summons upon such defendants personally or by publication, or upon their appearance, the court shall have full jurisdiction in the premises. Such society or association may include as defendants in such action in addition to such persons or parties as appear of record to have, and other persons or parties who are known to have, some claim in or lien on the lands described in the complaint; also all other persons or parties unknown, claiming any right, interest, or lien in such land, and the plaintiff may describe such defend- ants in the complaint as follows: "Also all other persons or parties, unknown, claiming any right, title, estate, lien, or interest in the real estate described in the complaint herein." Service of the sum- mons may be had upon all such unknown persons or par- ties defendant by publication, as provided by law in case of non-resident defendants. All such unknown persons or parties so served shall have the same rights as are pro- vided by law in case of all the other defendants upon whom service is made by publication or personally and the ac- tion shall proceed against such unknown persons or parties in the same manner as against the defendants who are named, upon whom service is made by publication, and with like effect; and any such unknown persons or parties who have or claim any right, estate, lien, or in- terest in the said property in controversy at the time of the commencement of the action, duly served as afore- AGRICLLTUaE. 9 said, shall be bound and concluded by the judgment in aucli action as eftectually as if the action was brought against such defendant by his or her name, and personal service of the summons obtained, notwithstanding any such unknown person may be under legal disability. The court shall have full power and authority to order the property sold. In case of a sale, the court shall appoint a commissioner to make the sale, and shall direct the man- ner in which tbe sale shall be conducted; provided, that when any property is held in trust by any sucn agricul- tural society or association, such property held in trust sLall be sold separately from any that may be held in fee. The commissioner shall make a report of sale to the court, vvhich, after such notice as it may deem proper, shall proceed to hear the same, and if it finds that the sale was fairly conducted, and the price bid was proportionate to the value of the land sold, it shall make and enter a de- cree confirming the sale, and directing the commissioner to execute a deed to the purchaser. The deed executed by said commissioner, under and in pursuance of the decree of the court, shall be valid and eitectual to convey to the purchaser an absolute title in fee simple to the premises; provided, however, that before the filing of any" such com- plaint in the superior or any other court, it shall be neces sary for such agricultural society, or any person or corporation claiming the title to such land, to prepare, sign, and properly acknowledge a good and sufficient deed or deeds sufBcient to vest in the state all title, interest, or claim which such society may have in and to any land to be affected by the proceedings hereby authorized to be instituted; such deed or deeds to be conditioned that the title, claim, or interest of such society embraced in such deed or deeds shall be held by the state of California in trust for the benefit of such society; which said deed or deeds shall be deposited with the state treasurer, to be by him held in escrow pending the final conclusion of such proceedings in such court. If the court in which such pro- ceedings are had shall order such laud to be sold, as herein provided for, the state treasurer shall forth«-ith file such deed or deeds with the county recorder of the county, or city and county, in which such land is located. If there be any liens upon or claims against the property, the court shall order them paid out of the proceeds of sale. 10 AGRICULTURE. The residue remaining, after paying the costs and expenses of sale and such liens and claims against the property as the court may order paid, shall be paid into tne state treasury, where it shall remain until required for the pur- chase of other property for the use of such society or association, upon the order of the state controller; and it shall be drawn therefrom only upon authorization passed by the board of directors or trustees of such society or association, by and with the approval of the state board of examiners, and upon warrants duly drawn by the state controller. If, through any defects in the proceedings, or otherwise, the title should not pass, the state will indem- nify the purchaser by repaying to him the amount paid by him; provided, such purchaser or purchasers shall file their claim or claims for the repayment of such purchase price with the state board of examiners within five years after the payment of such purchase price to the state treasurer in the first instance. The surplus of proceeds of sale, paid into the state treasury, shall be dravrn out on certificate, signed by a majority of the directors, or governing body of such society or association, and also of the state board of examiners, stating that it is desired for the payment for other property for the use of such agri- cultural society; and upon receipt of such certificate, the treasurer shall pay to the said directors, or governing body, or person designated by them, all or such part of such surplus as may be required for the purchase of other property; provided, however, that if all or any portion of the real estate, and the improvements thereon held by any state agricultural society under state control, shall have been acquired in the name of such society, or of any per- son, association, or corporation, in trust for the use of said, or any other agricultural society, originally, or at any time, by the use of money derived from taxation of the taxable property of any city and county, county, or city, then, and in that event, the surplus proceeds of any sale of such property shall be invested in other real estate, within the same county, or city and county, for the sam_e purpose, and not otherwise, or elsewhere. It is expressly provided that in no event shall the state be liable for the payment of any expense, interest, or attorneys' fees, incurred by any one, on any account, by or on behalf of any such agricul- tural society in their behalf; and it shall be incumbent AGRICULTURE. 11 on sucn society to make provision for the payment of the expenses, costs, attorneys' fees, and any interest tliat may be necessary to be paid any purchaser, by reason of repay- ment of any purchase money on account of failure of title to su6h lands; such provision for the payment of expenses, attorneys' fees, costs, and anticipated interest to be pro- vided for prior to the issue of any summons, or order of publication in any action contemplated by this act. [Amended March 16, 1899. Stats. 1899, 106.] Sec. 2. If any real estate contemplated in the preceding section, purchased by the proceeds of taxes levied upon and collected from the taxable property of any city and county, county, or city, shall have been ordered sold, as in said section provided, and shall have been offered for sale in the mode therein specified, for a period of sixty days or more, and not all sold for want of an adequate price, the board of directors, or governing body of such society or association, shall be, and they are hereby author- ized and empowered to exchange all or any part of such real estate for other land suitable for the use of such society, or association, within the same county, or city and county, upon such terms as may be reasonable and just, and the deed or deeds executed for the conveyance of such real estate in exchange shall be executed by the board of directors of such society or association, or a majority thereof, and by the commissioner appointed in the proceed- ings provided for in the preceding section for the sale of such property, and such exchange of property shall be subject to, and with the approval of a judge of the superior •court of the county, or city and county, in which the pro- ceedings provided for were had. [New section added March 16, 1899. Stats. 1899, 108.] Sec. 3. In case of the exchange of any portion of such property, as provided for in section two hereof, the real estate received in such exchange shall be subject to the indemnification of any person who shall receive any of the said real estate of said agricultural society in such ex- change in case of any defect in the proceedings, or other- wise, whereby the title to such real estate of such society should not pass, and in such case of exchange the state of California shall be absolved from any obligation to pay any part of any purchase price, or value of ex- changed property; provided further, that no claims for 12 AGRICULTURE. failure of title for any reason shall be entertained after five years from the date of such exchange. [New section added March 16, 1899. Stats. 1899, 109.] Sec. 4. This act shall take effect immediately from and after its passage. Prior acts relating to agricultural societies: ACT 65. To incorporate a state agricultural society. [Stats. 1854, 56.] Amended 1858, SO; 1863, 50. Supp.lS63, 49, 259. These acts were continued in force by Political Code, sec. 2326. Cal.Rep.Cit. 121, 19. ACT 66. Concerning agricultural societies. [Stats. 1859, 104.] Amended 1862, 37; 1869-70. 31; 1877-8, 84. This act provided for the formation of agricultural societies by any seven or more persons and for their powers and government. ACT 67. Providing for the management and control of the state ag- ricultural society. [Stats. 1880, p. 49.] Cal.Rep.Cit. 85, 510; 121, 19. ACT 6S. An act entitled an act to form agricultural districts, to pro- vide for formation of agricultural associations therein, and for the management and control of the same by the state, and to repeal all acts and parts of acts in conflict with this act. [Stat, approved March 31, 1897. Stats. 1897, 304. Amend- ed 1901, 304.] Section 1. The several counties of this state are di- vided and classified into agricultural districts and num- bered as follows, to-wit: The counties of San Francisco and Alameda shall con- stitute agricultural district No. 1. The county of San Joaquin shall constitute agricultural district No. 2. The county of Butte shall constitute agricultural dis- trict No. 3. . The counties of Sonoma and Marin shall constitute ag- ricultural district No. 4. AGRICULTURE. 13 The counties of San Mateo and Santa Clara shall con- stitute agricultural district No. 5. The county of Los Angeles shall constitute agricultural district No. 6. The county of Monterey shall constitute agricultural dis- trict No. 7. The county of El Dorado shall constitute agricultural district No. 8. The county of Humboldt shall constitute agricultural district No. 9. The county of Siskiyou shall constitute agricultural dis- trict No. 10. The counties of Plumas and Sierra shall constitute ag- ricultural district No. 11; provided that the first fair held in the eleventh agricultural district after the passage of this act shall be held in Sierra County; the next fair in Plumas County, and thereafter said counties shall so alternate in holding such fairs. The county of Lake shall constitute agricultural district No. 12. The counties of Sutter and Yuba shall constitute agricul- tural district No. 13. The county of Santa Cruz shall constitute agricultural district No. 14. The county of Kern shall constitute agricultural district No. 15. The county of San Luis Obispo shall constitute agricul- tural district No. 16. The county of Nevada shall constitute agricultural dis- trict No. 17. The counties of Mono, Inyo, and Alpine shall consti- tute agricultural district No. 18. All that portion of Sauta Barbara County lying east of the Gaviota and south of the Santa \nez Mountains, shall constitute agricultural district No. 19. The county of Placer shall constitute agricultural dis- trict No. 20. The counties of Fresno and Madera shall constitute ag- ricultural district No. 21. The county of San Diego shall constitute agricultural district No. 22. The county of Contra Costa shall constitute agricultural district No. 23. 14 AGRICULTURE. The counties of Tulare and Kings shall constitute agri- cultural district No. 24. The county of Napa shall constitute agricultural district No. 25. The county of Amador shall constitute agricultural dis- trict No. 26. The counties of Shasta and Trinity shall constitute agricultural district No. 27. The counties of San Bernardino and Riverside shall con- stitute agricultural district No. 28. The county of Tuolumne shall constitute agricultural district No. 29. The county of Tehama shall constitute agricultural dis- trict No. 30. The county of Ventura shall constitute agricultural dis- trict No. 31. The county of Orange shall constitute agricultural dis- trict No. 32. The county of San Benito shall constitute agricultural district No. 33. The county of Modoc shall constitute agricultural dis- trict No. 34. The counties of Merced and Mariposa shall constitute agricultural district No. 35. The county of Solano shall constitute agricultural dis- trict No. 36. All that portion of Santa Barbara County not included in agricultural district No. 19 shall constitute agricultural district No. 37. The county of Stanislaus shall constitute agricultural district No. 38. The county of Calaveras shall constitute agricultural district No. 39. The counties of Yolo and Sacramento shall constitute agricultural district No. 40. The county of Del Norte shall constitute agricultural dis- trict No. 41. The county of Glenn shall constitute agricultural dis- trict No. 42. The county of Lassen shall constitute agricultural dis- trict No. 43. The county of Colusa shall constitute agricultural dis- trict No. 44. AGRICULTURE. 15 The county of Mendocino shall constitute agricultural district No. 45. [Amendment approved March 15, 1901. Stats. 1901, p. 304; in effect immediately.] Sec. 2. Where two or more counties shall constitute an agricultural district, each county shall be represented in the district board of directors by at least two resident citizens, as directors in said board; provided, that when by reason of the formation of a new agricultural district, a director of one district becomes a resident of another, his term of office as director will expire in sixty days after the formation of the new agricultural district. Whenever the board of directors of two or more agricultural districts shall, by a majority vote of each board, elect to unite, the said several districts may associate as one district, and hold a fair in any of said districts, and may for such pur- pose draw the appropriation for all of said districts, and expend the same for said fair. Sec. 3. Any fifty or more persons, representing a majority of the counties within any one of the districts above constituted, may form an association for the im- provement of the material industries within such district, and when so formed, the association shall be known and designated by the name of agricultural association, and by such name and style shall have perpetual succes- sion, and shall have power and authority to contract and be contracted with, to sue and be sued, to have and use a common seal, to purchase and hold and lease real estate, with such buildings and improvements as may be erected thereon, and may sell and lease and dispose of the same at pleasure. The said real estate, except as hereinafter provided, shall be used by such association for the purpose of holding exhibitions of horses, cattle, and other stock, and of the agricultural, horticultural, viticultural, mechani- cal, manufacturing, and domestic products of such district, with a view to the improvement of all industries in the same. But the said association shall have the power, and are hei*eby authorized, to sell and convey any portion of the real estate held by it, by whatever title derived, which may not be necessary for the permanent use of said asso- ciation for the purposes aforesaid. Sec. 4. The officers of such association shall consist of eight directors, who shall constitute a district board of agriculture for district number ; a president, who 16 AGRICULTURE. shall be one of their number, and a secretary and treasurer, not of their number. Sec. 5. Within ten days after the formation of any new agricultural association within any of the districts above constituted in accordance with the provisions of this act, and notice of such formation to the governor, the governor shall appoint eight resident citizens of such district as members of a district board of agriculture for said dis- trict, whose term of oflace shall be four years, except as hereinafter provided. Sec. 6. Within ten days after their appointment, the persons so appointed shall qualify as required by the con- stitution, and shall meet at a place within the district and organize by the election of one of their number as presi- dent of the board and association, who shall hold said office of president one year, and until his successor is elected; they shall also elect a secretary and treasurer. Sec. 7. At the same meeting the members of the board shall, by lot or otherwise, classify themselves into four classes of two members each. The term of office of the first class shall expire at the end of the first fiscal year; of the second class, of the second fiscal year; of the third class, of the third fiscal year; and of the fourth class, at the end of the full term of four years. The fiscal year shall be from December first to December first; provided, that all officers of agricultural districts now in office, under any law heretofore passed, shall hold office for the term for which they were appointed, except in cases speci- fied in section two of this act. And the agricultural asso- ciations heretofore established shall be continued in force, and, so far as applicable, are made agricultural associa- tions under this act. Sec. 8. Each association so formed and organized is hereby declared, and shall be recognized, a state institu- tion, and the board so appointed and qualified shall have the exclusive control and management of such institution, for and in the name of the state, and shall have possession and care of all the property of the association, and shall fix the terms of office and the bonds of the secretary and treasurer, and determine their salaries and duties. They shall have the power to make all necessary by- laws, rules, and regulations for the government of the association and the management of its prudential and financial affairs. AGRICULTURE. 17 They shall provide for an annual fair or exhibition by the association of all the industries and industrial products in the district, at such time and place as they deem ad- visable; provided, that the state sha.ll, in no event, be liable for any premium offered or award made, or for any debt contracted by any district board of agriculture, or agricultural association; and provided further, that nothing in this section shall be so constrtied as in any way to affect or modify any of the provisions of section eleven. Sec. 9. When any district board of agriculture shall have been classified and organized as herein provided, the secretary of the board shall report such classification and organization to the state board of agriculture. He shall also report the same to the governor, and shall report any vacancy that may occur in the board to the governor, who shall fill the same, by appointment, for the unex- pired term. It shall be the duty of each district association formed under this act, to report to the state board of agriculture, on or before January first of each year, a detailed financial statement, together with a complete statistical review of the agricultural resources of each county in the district, for the year ending December thirty-first. Said review to contain the acreage and yield of all agricultural produc- tions for the year previous, and such other data as may be asked for by the state board of agriculture in the fur- therance of its duties. Sec. 10. Whenever any such association shall desire to sell any portion of its real estate not needed for the permanent use of the association, for the purposes speci- fied in section three, and such real estate be held by such association under a deed or deeds of trust conveying the said lands in trust, to be held in perpetuity as a place for holding agricultural exhibitions or fairs, or for other per- manent purposes of such association, it shall be lawful for such association to file its complaint in the superior court of the county in which such lands are situated, setting forth the nature of the title under which they are held, and that it is the desire of the said association to sell and dispose of such real estate, and praying for judgment authorizing it-to sell and convey the same. In such action the trustee or trustees in such deed or deeds, or the sur- vivor or survivors of them, or the heirs, or administrators. 18 AGRICULTURE. or executors of deceased trustees, as the case may require, shall be made parties defendant; and upon service of the summons upon such defendants, personally or by pub- lication, or upon their appearance, the court shall have full jurisdiction in the premises, and the deed executed under and in pursuance of the judgment of the court shall be valid and effectual to convey to the purchaser the title of said association, and that of all of its predecessors in title made parties to the suit. Sec. 11. Every such association organized and existing under the laws of the state, and which has heretofore issued certificates of the capital stock of such association, and which certificates last mentioned have been accepted by the members of such association in lieu of certificates of membership therein, may elect to have a capital stock, and may issue certificates of stock therefor, in the same manner and with like effect as corporations formed under the provisions of chapter one, article one, of the Civil Code, relating to the formation of corporations. In order to effect such change, a meeting of the holders of such al- leged certificates of capital stock may be called, at which the holders of such alleged stock shall be entitled to one vote for each share of such stock appearing in their names, respectively, upon the books of such association. Upon the receipt of a written application, signed by the holders of one fourth of the shares of such alleged capital stock of such association, requesting him so to do, the secretary of such association shall give notice of the time and place of holding such meeting, by publication in some news- paper printed and published in such county, or city and county, in which the principal place of business of such association is located, at least once a week for three suc- cessive weeks next prior to the holding thereof. Such notice shall state that the object of the meeting is, (1) to determine whether such corporation elects to have a capital stock as provided by this act; (2) the amount of such capital stock, and (3) the number of shares into which the same shall be divided. At such meeting, should the holders of a majority of the shares of such alleged capital stock vote in favor of having a capital stock, and fix the amount thereof, and the number of shares into which it shall be divided, then such corporation shall issue certificates of capital stock to the amount fixed at AGRICULTURE. 19 such meeting, divided into the number of shares provided by said meeting, to the holders of such alleged capital stock, in the same proportion as such alleged stock appears in the names of such holders, respectively, upon the books of such association. A copy of the notice calling such meeting, the affidavit of publication thereof, the pro- ceedings of such meeting, the amount of capital stock voted, number of shares into which the capital stock was divided, and to whom assigned, duly certified by the chair- man of such meeting, and the secretary of such association, under the seal thereof, must be filed with the secretary of state and the clerk of the county where such associa- tion has its principal place of business. Thereafter such association shall be possessed of all rights and powers, and shall be subject to all the obligations and restrictions, as if it had been originally created a corporation with a capital stock, including the right to elect a board of directors authorized to exercise such control of all the property of such association, as provided in chapters one, two, three, and four of the Civil Code, relating to corpora- tions; provided, such association shall have no authority to sell any portion of the real estate owned and held by it, by whatever title derived, which may be necessary for the permanent use of such association, for the purposes afore- said; and provided further, that in the event that such association, after the issuance of a capital stock as afore- said, shall be offered aid at any time from the state by appropriation, for the purpose of holding an annual dis- trict fair, and such association, by a vote of the board of directors, elected as hereinafter provided, adopts a reso- lution accepting such appropriation, then and in that event said annual fair shall be held under the control and man- agement of the district board of agriculture of such dis- trict; but said district board of agriculture shall have no other authority, control, or management of or over the property of such association, and the authority which it may exercise over said property shall continue only during the time occupied in holding the said district fair, which time shall not extend over more than one week annually. When any corporation has elected to issue capital stock under this act, the president thereof shall, within ten days after filing with the secretary of state of the certifi- cate hereinbefore provided, call a meeting of the stock- 20 AGRICULTURE. holders of such corporation, for the purpose of electing a board of directors of such corporation, which board of directors shall hold their office until their successors are elected and qualified, and thereafter a board of directors of such corporation shall be elected annually, on the day of the month upon which the election of said first board of directors elected as aforesaid is held, unless a different day for holding such election is fixed by the board of directors of such corporation, by its by-laws, properly adopted. Sec. 12. All acts or parts of acts in conflict with this act are hereby repealed. Sec. 13. This act shall take effect from and after its passage. Other acts: ACT 69. To form agricultural districts, etc. [Stats. 1880, p. 62.] Amended 18S3, 30; 1885, 39, 126; 1887, 80; 1889, 78; and partly, if not wholly, repealed by 1891, 138 ; 1895, 14. ACT 70. To form agricultural districts, and provide for the man- agement and control of the same. [Stats. 1891, p. 138.] Amended 1S93, 282 ; 1895, 14, 100. ACT 71. For the encouragement of agricultural and other indus- tries. [Stats. 1871-2, p. 442.] Probably repealed by statute of 1880, p. 49, chap. LX, and p. 62, chap. LXIX. ACT 72. Encouragement of agriculture. [Stats. 1877-8, p. 332.] Superseded by 1880, 49, 62 ; 1897, 304. This act authorized appropriations for certain societies. ACT 73. For the better protection of fruit trees and vines. [Stats. 1880, p. 36.] Superseded 1897, 241. Cal.Rep.Cit. 60, 152. ACT 74. An act to prevent the propagation by the production of] seed, of that certain plant known as Sorghum hale-j pense, otherwise known as Johnson grass. I Approved J.Larch 20, 1903. Stats. 1903, 337.] ALAMEDA CITY. 21 The people of the state of California, represented in senate and asgjembly, do enact as follows: Section 1. It shall be unlawful for any person owning, controlling, leasing, or possessing land in the state of California, to knowingly permit that certain grass known as Sorghum halepense, otherwise known as Johnson grass, to mature and disseminate its seed, on land so owned, leased, or possessed by such person. Sec. 2. It shall be unlawful for any person knowingly to sow or disseminate or cause to be sown or disseminated any seed of Sorghum halepense, otherwise known as Johnson grass, upon any land owned or possessed by an- other. Sec. 3. It shall be unlawful for any person to knowingly sow, disseminate, or cause or permit to be disseminated, any seed of Sorghum halepense, otherwise known as Johnson grass, over or along any roadway, highway, or right of way for ditch purposes, adjacent to premises owned or possessed by him. Sec. 4. Any person upon being duly convicted of a violation of any of the preceding sections of this act, shall be deemed guilty of a misdemeanor, and may be fined in a sum not exceeding one hundred dollars, or by imprison- ment in the county jail, for a term not exceeding three months. Sec. 5. This act shall take effect immediately irom and after its passage. TITLE 11. ACT 79. ALAMEDA CITY. Opening streets in. [Stats. 1875-6, p. 424.] Repealed 1877-8, 964. ACT 80. Streets in. [Stats. 1873-4, p. 795.] This act related to Park Street, Santa Clara Avenue, Railroad Avenue, Buena Vista Avenue, and Third Avenue. ACT 81. In relation to certain streets in. [Stats. 1877-8, p. 964.] This act related to the following streets : Santa Clara Avenue, Railroad Avenue, Versailles Avenue, Pearl Street, Broadway, Clinton Avenue, Bay Avenue, and San Jose Avenue. Cal.Rep.Cit. 70, 86. 22 ALAMEDA COUNTY. ACT 82. To provide funds for school department of. [Stats. 1877-8, p. 599.] ACT 83. Act to incorporate. [Stats. 1871-2, p. 276.] Amended and supplemented 1S74, 448 ; 1876, 367. Repealed 1877-8, p. 89, chap. LXXIX. ACT 84. Incorporating. [Stats. 1877-8, p. 89.] Superseded by incorporating, in 1884. under the Municipal Corporation Act of 1883. TITLE 12. j^CTSO. ALAMEDA COUNTY. Officers of, salaries. [Stats. 1873-4, p. 185.] Amended 1875-6, 166. Repealed by County Government Acts, 1897, 501, sec. 160. ACT 90. Fixing salaries of certain officers of. [Stats. 1871-2, p. 720.] Repealed by County Government Act, 1897, 501, sec. 160. This act fixed the salaries of the treasurer, the county recorder and deputy, the county clerk and deputies, and the district attorney. ACT 91. County assessor, abolishing office of and creating town- ship assessors. [Stats. 1873-4, p. 90.] Repealed by County Government Act, 1897, 452. ACT 92. Constables, duties of. [Stats. 1877-8, p. 105.] Superseded by County Government Act, 1897, 492, sees. 153, 154. ACT 93. County clerk to employ additional deputies. [Stats. 1875-6, p. 365.] Repealed by County Government Acts, 1897, 452. ACT 94. To provide an additional judge for. [Stats. 1881, p. 20.] ACT 95. Providing for one additional judge for. [Stats. 1893, p. 3.] Cal.Rep.Cit. 104, 235; 104, 236. ALAMEDA COUNTY. 23 ACT 96. To provide one additional judge for. [Stats. 1901, p. 295.] ACT 97. Road overseers, fixing compensation of, and relating to road and poll tax. [Stats. 1877-8, p. 109.] Superseded by Political Code, sec. 2652, as amended 1891, 478, and County Government Acts, 1897, 452. ACT 98. Salary of road overseer of Brooklyn road district. [Stats. 1877-8, p. 251.] Repealed by Political Code, sec. 2642, as amended 1891, abolish- ing the office. ACT 99. Relative to the powers and duties of the sheriff of in the matter of attachments in said county. [Stats. 1877-8, p. 922.] Modified by County Government Acts, 1897, 501, sec. 160. ACT 100. Fixing the compensation of sheriffs, deputy sheriffs, and county jailers of. [Stats. 1877-8, p. 950.] Repealed by County Government Acts, 1897, 501, sec. 160. ACT 101. Deputy sheriff of, fixing compensation of. [Stats. 1873-4, p. 601.] Repealed 1897, 501, sec. 160. ACT 102. Supervisors, to fix the pay of. [Stats. 1877-8, p. 736.] Repealed by County Government Acts, 1897, 501, sec. 160. ACT 103. Supervisors to establish a receiving hospital in Oakland. [Stats. 1877-8, p. 640.] ACT 104. Giving supervisors control of bridge across estuary of San Antonio. [Stats. 1877-8, p. 3.] ACT 105. Executions from justices' courts. [Stats. 1877-8, p. 106.] Repealed 1880, 19. ACT 106. Fees, regulation of. [Stats. 1875-6, p. 127.] Repealed by fee bill (1895, 267) as to officers therein named. 24 ALAMEDA CREEK. ACT 107. Collection of licenses in. [Stats. 1877-8, p. 255.] Repealed by County Government Acts, 1S97, 473, sec. 55. ACT 108. Ratifying and confirming a resolution of the supervisors granting certain rights and privileges to the Berkeley Horse Railroad Company. [Stats. 1877-8, p. 136.] ACT 100. Transfer of school moneys to and from the state treas- ury by. [Stats. 1877-8, p. 170.] Repealed by County Government Act, 1897, 572, sec. 215. ACT 110. Road tax in Oakland. [Stats. 1871-2, p. 4.] Superseded. "Road taxes can 'no longer be levied within municipal corpora- tions. (County Government Act, 1S97, 466; Miller v. County of Kern, 24 Cal. Dec. 478.)" — Code Commissioners' note. This act provided that the road tax of the county of Alameda collected within the city of Oakland should be paid to the city treas- ury and become part of the street fund of the city. ACT 111. To encourage destruction of gophers and squirrels in. [Stats. 1871-2, p. 432.] Superseded by subd. 26, sec. 25, County Government Act, 1S97, 465. ACT 112. Squirrel nuisance, abatement of. [Stats. 1873-4, p. 321.] Amended 1S75-6, 338. This act applied to Contra Costa and Alameda counties. Cal.Rep.Cit. 83, 169. TITLE 13. ALAMEDA CREEK. ACT 117. Declaring navigable, and providing for the removal of obstructions therein. [Stats. 1873-4. p. 308.] Superseded by Political Code, sec. 2349, as amended 1891. ALIENS. 25 TITLE 14. ALIENS. To prohibit the issuance of licenses to aliens not eligible to become electors of the state of California. [Stais. 1880, 39.] "Unconstitutional. (People v. Quong On Long, 6 Pac. C. L. J., 192; see Pol. Code, sec 36G6, as amended 1901, 635.)"— Code Com- missioners' note. ACT 123. To provide for indexing the names of persons who have declared their intention to become or who have be- come citizens of the United States, in the several courts of record in this state. [Approved February 8, 1872. Stats. 1871-2, p. 80.] "Section 1 probably in force, section 2 superseded by fee bill of 1895, 207."— Code Commissioners' note. ACT 124. Relative to escheated estates. [Stats. 1856, 137.] Superseded by Civil Code, sees. 671, 672. This act provided that aliens might inherit the same as native born, but that they must claim the property in five years. ACT 125. Prohibiting aliens from fishing in the waters of the state. [Stats. 1880, p. 123.] Unconstitutional. (In re Ah Chong, 5 Pac. C. L. J. 451.) Cal.Rep.Cit. 72, 463; 78, 367; 78, 368. ACT 120. Relating to the appointment of aliens to oflSce. [Stats. 1880, p. 23.] This act forbade the appointment of aliens to ofQce. It was probably superseded by the following act: ACT 127. An act to secure to native-born and naturalized citizens of the United States the exclusive right to be employed in any department of the state, county, city and county, or incorporated city or town government in this state. [Approved March 23, 1901; Stats. 1901, 589.] The people of the state of California, represented in senate and assembly, do enact as follows: Gen. Laws— 2 26 ALPINE COUNTY. Section 1. No person, except a native-born or natural- ized citizen of the United States, shall be employed in any department of the state, county, city and county, or incor- porated city or town government in this ^tate. Sec. 2. It shall be unlawful for any person, whether elected, appointed or commissioned to fill any office in either the state, county, city and county, or incorporated city or town government of this state, or in any department thereof, to appoint or employ any person to perform any duties whatsoever, except such person be a native-born or naturalized citizen of the United States. Sec. 3. No money shall be paid out of the state treasury, or out of the treasury of any county, or city and county, or incorporated city or town, to any person employed in any of the offices mentioned in section two of this act, except such person shall be a native-born or naturalized citizen of the United States. Sec. 4, This act shall take effect immediately. TITLE 15. ALPINE COUNTY. ACT 132. Providing lor payment of salaries and fees of officers of. [Stats. 1871-2, p. 703.] Repealed by County Government Act, 1897, 574, sec. 219. ACT 133. Traveling fees of sheriffs of. [Stats. 1873-4, p. 236.] Amended 1877-8, 372. Repealed by County Government Acts, 1897, 568, 571, 572, sees. 211, 214, 215. ACT 134. Treasurer of, bond of. [Stats. 1875-6, p. 140.] Repealed by County Government Act, 1897, 475, sec. 66. Cal.Rep.Cit. 54, 536 ; 54, 537 ; 54, 539. ACT 135. Tax for payment of grand and trial jurors in. [Stats 1877-8, p. 215.] Superseded by subds. 12 and 18, sec. 25, County Governmen Act, 1897, 460. ACT 136. Extending time for selling property for delinquent taxesJ [Stats. 1875-6, p. 389.] Repealed 1877-8, 783. ALVISO CITY— AMADOR COUNTY. 27 TITLE 16. ACT 141. ALVISO CITY. To incorporate the town of Alviso. [Stats. 1852, p. 222.] TITLE "17. ACT 146. AMADOR CITY. Hogs and goats running at large in. [Stats. 1873-4, p. 905.] Repealed 1897, 198. TITLE 18. ACT 151. AMADOR COUNTY. Salaries and compensation of oflBcers of. Stats. 1875-6, p. 370.] Repealed by County Government Acts, 1897, 548, sec. 189. ACT 152. Supervisors, act in relation to. [Stats. 1873-4, p. 443.] Repealed by County Government Acts, 1897, 453, 492, sees. 10, 157. ACT 153. Revenue of. [Stats. 1873-4, p. 446. j Superseded by subds. 12 and 18, sec. 25, County Government Act, 1897, 460, 463. ACT 154. Supervisors authorized to levy an additional tax. [Stats. 1871-2, p. 172.] Superseded by the general powers given by the County Govern- ment Acts. ACT 155. Providing for the payment by, to Calaveras County, of interest on a certain indeotedness; supplementing act of March 31, 1866. [Stats. 1871-2, p. 698.] ACT 156. To provide for the location, construction and maintenance of roads in. [Stats. 1877-8, p. 703.] Repealed 1883, 5, chap. X, sec. 2. ACT 157. Authorizing supervisors to declare the portion of Amador and Nevada wagon road which lies in Amador County a toll road. [Stats. 1877-8, p. 963.] 28 AMERICAN WATER AND MINING CO.— ANIMALS. ACT 158. To prevent trespassing of goats on inclosed lands in. [Stats. 1877-8, p. 536.] TITLE 19. AMERICAN WATER AND MINING COMPANY. ACT 163. Authorizing American Water and Mining Company to ex- tend its works. [Stats. 1860, p. 155.] Amended 1871-2, 471. TITLE 20. ACT 168. ANAHEIM. Incorporation of. [Stats. 1877-8, p. 309.] Superseded by incorporating, in 1888, under Municipal Corpora- tion Act of 1883. ACT 169. Legalizing incorporation of. [Stats. 1877-8, p. 27.] Superseded by incorporating, in 1888, under the Municipal Cor- poration Act of 1883. TITLE 21. ACT 174. ANATOMY. To provide for the study of anatomy. [Stats. 1863-4, 321.] It was superseded by Political Code, sees. 3093-3095. TITLE 22. ANIMALS. See Cruelty to Animals, post ; Estrays, post, ACT 179. To prevent tlie spread of contagious and infectious dis- eases among domestic animals. [Stats. 1893, p. 302.] This act is in full in the Appendix to the Penal Code, p. 571. ACT 180. To protect domestic livestock from contagious and in- fectious diseases, to provide for the appointment and duties of officials to carry into effect the provisions of this act, and to provide an appropriation there- for. [Stats. 1899, p. 129.] This act created the office of state veterinarian. ANIMALS. 29 ACT 181. To protect sheep and Cashmere and Angora goats against ravages of dogs. [Stats. 1865-6, 225.] Superseded in part by Civil Code, sec. 3341, and probably not In force. ACT 182. Providing for the retention of the hides of slaiightered cattle in certain counties. [Stats. 1863, p. 35a.] Amended 1863-4, 261. Probably superseded by Political Code, sec. 3185, and 1893, 325. This act applied to the counties of Santa Clara, San Diego, San Bernardino, San Luis Obispo, Contra Costa, San Mateo, Alameda, Santa Barbara, and Marin. ACT 183. For the better protection of stocl?:-raisers in Fresno, Tulare, Monterey, and Mariposa Counties. [Stats. 1865-6, p. 322.] See 1893, 235. This act required hides of cattle to be kept fifteen days, and made provisions as to branding of calves, and required records to be kept of slaughtered animals. It was continued in force by Po- litical Code, sec. 19, and Penal Code, sec. 23. ACT 184. Regulating the disposition of the hides of cattle killed or slaughtered in the state. [Stats. 1893, p. 235.] This act provided for the retention and inspection of the hides. ACT 185. To encourage the destruction of wild animals in the dif- ferent counties of the state, and authorizing the board of supervisors of each of said counties to fix and de- termine the bounty for the destruction of the same. [Approved March 15, 1883. Stats. 1883, 368.] Superseded by subd. 26, sec. 25, County Government Act, 1897, 465. Cal.Rep.Cit. 65, 563; 65, 564. ACT 186. Destruction of squirrels and gophers. [Stats. 1869-70.316.] It applied to Alameda, Contra Costa, Fresno, Stanislaus, Merced, San Joaquin, and Yolo counties. It was repealed as to Stanislaus County by act of 1875-6, 513. Superseded by subd. 26, sec. 25, County Government Act, 1897, 465. 30 ANTIOCHi ACT 187. Squirrels, destruction of. [Stats. 1875-6, p. 143.] Amended 1875-6, 637, and made applicable to San Luis Obispo. Superseded by subd. 26, sec. 25, County Government Act, 1897, 465. This act related to Stanislaus, Santa Cruz, San Joaquin, Merced, Fresno, San Benito, Tulare, San Mateo, Santa Clara, Monterey, and Kern counties. ACT ISS. . To encourage destruction of squirrels, gophers or other wild animals, in counties of Lios Angeles, Napa, Mer- ced, San Bernardino, and Santa Cruz. [Stats. 1871-2, p. 92.] Repealed as to Los Angeles, 1873-4, 34 ; as to Santa Cruz, 1873-4, 129 ; as to San Bernardino, 1873-4, 691 ; as to Napa, 1877-8, 569 ; in toto, 1880, 108. ACT 189. Destruction of certain wild animals. [Stats. 1875-6, p. 533.] Repealed 1877-8, 2. This act provided for bounties for the destruction of certain wild animals in the counties of Mendocino, Del Norte, Humboldt, Placer, Lake, San Luis Obispo, and Colusa. ACT 190. To prevent the stealing of dogs. [Stats. 1860, 70.] Superseded by Penal Code. ACT 191. To prevent combinations to obstruct the sale of livestock. [Stats. 1893, p. 30.] This act appears in full in Civil Code, Appendix, p. 665. ACT 192. To prevent tampering with animals and to prevent the giv- ing or administering of poison or drugs to horses, cattle, dogs, animals and other livestock except for medicinal purposes, and making the same a misde- meanor. [Stats. 1901, 553.] This act appears in full in Penal Code, Appendix, p. 569. TITLE 23. ACT 197. ANTIOCH. Defining boundaries of. [Stats. 1871-2, p. 725.] Superseded by incorporating the town in 1890 under the Mu- nicipal Corporation Act of 1883. ANTONIO CREEK— ARBITRATION. 31 TITLE 24. ACT 202. ANTONIO CREEK. To declare Antonio Creek, in Contra Costa County, navi- gable. [Stats. 1852, 182.] Incorporated in Political Code, sec. 2349. Cal.Rep.Cit. 118. 181. TITLE 25. ACT 207. ANTWERP MESSENGER, For the protection of the Antwerp messenger or homing pigeon. [Stats. 1897, p. 37.] APIARIES. See post, Bee-Culture. TITLE 26. ACT 212. APPRENTICES. Apprentices and masters, act relative to. [Stats. 1875-6, p. 842.] Amended 1880, 28. This act appears in full in Civil Code, Appendix, p. 668. ACT 213. To provide for binding minors as apprentices, clerks, or servants. [Stats. 1858, 134.] Superseded by Civil Code, sees. 264 et seq. ACT 214. To authorize the managers of the San Francisco Orphan Asylum or any other orphan asylum to bind as ap- prentices, clerks, and servants, orphan or half-orphan children under their care and tuition. [Stats. 1860, p. 37.] Supp. 1869-70, 334. TITLE 27. ACT 219. ARBITRATION. An act to provide for a state board of arbitration for the settlement of differences between employers and em- 32 ARBITRATION. ployees, to define the duties of said board, and to appropriate the surp <^t twenty-five hundred dollars therefor. [Approved I larch 1&, i891; Stats. 1891, p. 49.] Section 1. On or before the first day of May of each, year, the governor of the state shall appoint three com- petent persons to serve as a state board of arbitration and conciliation. One shall represent the employers of labor, one shall represent labor employees, and the third member shall represent neither, and shall be chairman of the board. They shall hold office for one year and until their successors are appointed and qualified. If a vacancy oc- curs, as soon as possible thereafter the governor shall appoint some one to serve the unexpired term; provided, however, that when the parties to any controversy or diiference, as provided in section two of this act, do not desire to submit their controversy to the state board, they may by agreement each choose one person, and the tv/o shall choose a third, who shall be chairman and umpire, and the three shall constitute a board of arbitration and conciliation for the special controversy submitted to it, and shall for that purpose have the same powers as the state board. The members of the said board or boards, before entering upon the duties of their office, shall be sworn to faithfully discharge the duties thereof. They shall adopt such rules of proccaure as they may deem best to caiTy out the provisions of this act. Sec. 2. Whenever any controversy or difference exists between an employer, whether an individual, copartnership, or corporation, which, if not arbitrated, would involve a strike or lockout, and his employees, the board shall, upon application, as hereinafter provided, and as soon as prac- ticable thereafter, visit, if necessary, the locality of the dispute and make careful inquiry into the cause thereof, hear all persons interested therein who may come before them,' advise the respective parties what, if anything, ought to be done or submitted to by either, or both, to adjust said dispute and make a written decision thereof. This decision shall at once be made public, and shall be recorded upon proper books of record to be kept by the board. Sec. 3. Said application shall be signed by said em- ployer, or by a majority of his employees in the department ARBITRATION, 33 of the business in which the controversy or diffeience exists, or their duly authorized agent, or by both parties, and shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work, without any lockout or strike, until the de- cision of said board, which must, if possible, be made within three weeks of the date of filing the application. Immediately upon receipt of said application, the chairman of said board shall cause public notice to be given of the time and place for hearing. Should the petitioners fail to keep the promise made therein, the board shall proceed no further thereupon without the written consent of the iidverse party. And the party violating the contract shall pay the extra cost of the board entailed thereby. The board may then reopen the case and proceed to the final arbitration thereof as provided in section two hereof. Sec. 4. The decision rendered by the board shall be binding upon the parties who join in the application for six months, or until either party has given the other a written notice of his intention not to be further bound by the conditions thereof after the expiration of sixty days or any time agreed upon by the parties, which agreement f hall be entered as a part of the decision. Said notice may be given to the employees by posting a notice thereof in three conspicuous places in the shop or factory where they work. Sec. 5. Both employers and employees shall have the right at any time to submit to the board complaints or grievances and ask for an investigation thereof. The board shall decide whether the complaint is entitled to a public investigation, and if they decide in the affirmative, they shall proceed to hear testimony, after giving notice to all parties concerned, and publish the result of their investi- gations as soon as possible thereafter. Sec. 6. The arbitrators hereby created shall be paid five dollars per day for each day of actual service, and also their necessary traveling and other expenses incident to the duties of their office shall be paid out of the state treasury; but the expenses and salaries hereby authorized shall not exceed the sum of twenty-five hundred dollars for the two years. Sec. 7. The sum of twenty-five hundred dollars is hereby appropriated out of any money in the state treasury not 34: ARCHITECTURE. otherwise appropriated, for the expenses of the board for the first two years after its oi'ganization. Sec. 8. This act shall take effect and be in force from and after its passage. TITLE 28. ACT 224. ARCHITECTURE. An act to regulate the practice of architecture. [Approved March 23, 1901. Stats. 1901, 641.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Within sixty days from and after the passage of this act, the governor of the state shall appoint ten persons, which persons so appointed shall constitute a board, which board shall be known and designated as the state board of architecture. Five members of said board of architecture, shall be residents of the northern district of California, and shall constitute the northern district for the examination of applicants for certificates to practice architecture in this state. And five mem- bers of said board shall be appointed from the southern district of California, and shall constitute the southern district board for the examination of applicants for cer- tificates to practice architecture in this state. The north- ern district shall be all that portion of the state north of the northerly line of the county of San Luis Obispo and the county of Kern and the county of San Bernardino. And the southern district shall be all that portion of the state south of the northerly line of the county of San Luis Obispo and of the county of Kern and of the county of San Bernardino. Said state board of architecture shall be appointed by the governor as follows: Five members shall be appointed from the members in good standing of the San Francisco Chapter of the American Institute of Architects, or some similar institution or association of architects, two of whom shall be designated to hold office for two years. Five members shall be appointed from the members of the Southern California Chapter of the American Institute of Architects, or some similar insti- tution or association of architects, two of whom shall be designated to hold ofi&ce for two years. Each person ARCHITECTURE. 85 flo appointed shall hold office for four years, unless so designated to hold office for two years. And thereafter, upon the expiration of the term of office of the persons «o appointed, the governor of the state shall appoint a suc- cessor or successors to such outgoing person or persons ■whose term of office shall have expired, to hold office for four years; provided, that the membership of the state board of architecture shall be composed as herein set forth. Each member shall hold over after the expira- tion of his term of office until his successor shall have been duly appointed and qualified. Any vacancy occurring in the membership of the board shall be filled by the gov- ernor of the state for the unexpired term in like manner. The members of the board shall serve without compensa- tion from the state. The expenses of the board shall be paid out of the fees collected from applicants for cer- tifiates. Sec. 2. The members of the state board of architecture shall, before entering upon the discharge of the duties of their office, take and file with the secretary of state the constitutional oath of office. The said state board of architecture shall, within thirty days from and after their appointment, meet and elect from their number a president and a vice-president, one of whom shall be a resident of the northern district, and one a resident of the southern district, and two secretaries, one from each district. The secretaries shall also act as treasurers. The person receiving the highest number of votes shall be secretary, and the person receiving the next highest num- ber of votes, assistant secretary. Said persons shall hold office for two years, or until their successors shall nave been duly elected and qualified. Gee. 3. The board may adopt rules and regulations for the government of its proceedings, not inconsistent with this act. The state board shall adopt a seal for its own use, and one for each of the district boards. The seal used by the northern district board shall have the words "Northern District" inscribed thereon, and the one for the southern district shall have the words "Southern Dis- trict" inscribed thereon, and the secretary and assistant secretaVy shall have charge, care and custody thereof. The secretary shall keep a correct record of all the pro- ceedings of the board, which shall be open to public 36 ARCHITECTURE. examination at all times. Six members shall constitute a quorum for the transaction of business of the state board of architecture, and three members shall constitute a quorum of the district boards for the transaction of business. Special meetings of the state board of archi- tecture shall be called by the secretary upon the written request of four of its members, and by giving twenty days' written notice of such meeting, and the time and place at which such meeting is to be held, to each member of the board. The district boards shall call special meetings upon the written request of two of its members made to the secretary, and upon five days' written notice to each member of such district board. Within thirty days from and after the date of their appointment, the state board shall meet to organize, elect officers as in this act pro- vided for, and formulate and adopt a code of rules and regulations for its government in the examination of applicants for certificates to practice architecture in this state; and such other rules and regulations as may be necessary and proper, not inconsistent with this act. The board may from time to time repeal or modify its rules and regulations, not inconsistent with this act. The state board shall meet annually, on the second Tuesday in April, for the purpose of transacting such business as may lawfully come before it, not inconsistent with this act. The district boards shall hold their regular meetings for the examination of applicants for certificates to practice architecture, on the last Tuesday of January, April, July and October of each year. The board of the north- ern district shall meet in San Francisco; and the board of the southern district shall meet in Los Angeles, and at such other times and places as they may elect, to examine applicants for certificates. Any person shall be entitled to an examination for a certificate to practice architecture, upon payment, to the district board when he makes appli- cation, of a fee of fifteen dollars, which fee shall be re- tained b3' the board; should the applicant pass a satis- factory examination by said district board, the secretary shall, upon the payment to him of a further fee of five dollars, issue to the applicant a certificate, signed by the president and secretary, sealed with the seal of the district board, and directed to the secretary of state, setting forth the fact that the person therein named has passed ARCHITECTURE. 37 a satisfactory examination, and that such person is en- titled to a certificate to practice architecture in this state, in accordance with the provisions of this act; and upon the payment to the secretary of state a fee of five dollars, the secretary shall at once issue to the person therein named, a certificate to practice architecture in this state in accordance with the provisions of this act, which certificate shall contain the full name of the applicant, his birthplace, and age, together with the name of the district board issuing the certificate, and date of issuance thereof. All papers received by the secretary of state on application for certificate shall be kept on file in his office, and a proper index and record thereof shall be kept by him. Sec. 4. Any architect in good standing, who shall show to the satisfaction of the district board of the district in which such architect may reside, that he was engaged in the practice of the profession of architecture on the date of the passage of this act, shall he granted a cer- tificate without passing an examination, on the payment to the district board of a fee of five dollars; provided, such application shall be made within six months from and after the passage of this act. Said certificate shall set forth the fact that the person to whom the same was issued was practicing architecture in this state at the time of the passage of this act, and that the person therein named is entitled to a certificate to practice architecture without having to pass an examination by the district board; and the secretary of state shall, upon the pay- ment to him of a fee of five dollars, issue to the person aamea therein a certificate to practice architecture in this state, in accordance with the provisions of this act. Each certificated architect shall have his certificate recorded in the oflace of the county recorder, in each and every county in this state, in which the holder thereof shall practice, and he shall pay to the recorder the same fee as is charged for the recording of deeds. A failure to have his certificate so recorded shall be deemed sufficient cause for revocation of such certificate. Sec. 5. After the expiration of six months from the passage of this act, it shall be unlawful, and it shall be a misdemeanor, punishable by fine of not less than fifty dollars nor more than five hundred dollars, for any per- 38 ARCHITECTURE. son to practice architecture without a certificate In this state, or to advertise, or put out any sign or card, or other device which might indicate to the public that he was an architect; provided, that nothing in this act shall prevent any person from making plans for his own build- ings, nor furnishing plans or other data for buildings for other persons, provided the person so furnishing such plans or data shall fully inform the person for whom such plans or data are furnished, that he, the person furnishing such plans, is not a certificated architect; provided, that nothing in this act shall prevent the em- ployment of an architect residing out of the state or California, lo prepare plans and specifications for build- ings or other structures v\rithin the state, conditioned he shall present satisfactory evidence to the board of the district ^n which the structure is to be erected, that he is a competent architect, when such board shall issue to such architect a temporary certificate for such employ- ment, upon the payment of a fee of five dollars. Ar- chitects' certificates issued in accordance with the provisions of this act shall remain in full force until re- voked for cause, as hereinafter provided for in this act. A certificate may be revoked for dishonest practices, or for gross incompetency in the practice of the profession, which questions shall be determined by the district board of the district in which the person whose certificate is called in question shall reside, or shall be doing business; and upon a full investigation of the charges by the dis- trict board, an opportunity having been given the ac- cused to be heard in his own defense or by counsel; and upon the verdict of at least four members of the district board, the board may issue its certificate to the secretary of state revoking the certificate of the person accused; and the secretary of state shall thereupon cancel such certificate. And on the cancellation of such certificate, it shall be the duty of the secretary of the district board to give notice of such cancellation to the cotmty recorder of each county in this state, whereupon the recorder shall mark the certificate recorded in his ofiice, "Can- celed." After the expiration of six months the person whose certificate was revoked, may have a new certificate issued to him by the secretary of state upon the certificate ARMS. 39 of the district board by which the certificate waa re- volved. Every certificated architect shall have a seal, the impres- sion of which must contain the name of the architect, his place of business, and the words "Certificated archi- tect," with which he may stamp all plans prepared by him. Sec. 6. This act shall take effect from and after its passage. Sec. 7. Each regularly certificated architect shall pay an annual license fee of five dollars, said fee to be paid to the secretary of the board of the district of which he shall be a resident, and shall be payable in advance on January 1, and shall become delinquent the first day of April, of each year, after which date it shall be delin- quent, and the certificate of such architects who shall fail to pay their license fees by April 1 of each year, shall be subject to cancellation by said district board, and notice of such cancellation shall be sent to each county recorder of the state of California and to the secretary of state, as provided in section 5 of the act to regulate the practice of architecture, approved March 23, 1901, for cancellation of certificates. And the secretary of the said district shall issue a receipt signed by the president and secretary of the district, and under the seal of the district board, to each architect paying said license fee, showing that said certificated architect has paid his an- nual license fee, which license receipt shall be displayed in a prominent place in the ofl[ice of said architect. The fees so collected shall be used to meet the expenses of the state board of architecture. [New section approved March 26, 1903. Stats. 1903, p. 522; in effect immediately.] TITLE 29. ACT 229. ARMS. To provide for the issuing arms and accouterments to colleges and academies. [Stats. 1862, 483. J ACT 230. Military academies, act to furnish arms to. [Stats. 1871-2. p. 121.] 40 ARREST— ARTESIAN WELLS. TITLE 30. ACT 235. ARREST. For the relief of persons imprisoned on civil process. [Stats. 1850, p. 407; amended 1863, 93.] Superseded by Code of Civil Procedure, sees. 1143-1151. TITLE 31. ARROYO DEL MEDU. To declare the Arroyo del Medo in Santa Clara County navigable. [Stats. 1852, 223.] Incorporated in Political Code, sec. 2349. TITLE 32. ACT 245. ARTESIAN WELLS. An act to regmate the use of artesian wells and to pre- vent the waste of subterranean waters in this state. [Approved March 9, 1878; 1877-8, 195; amended 1901, 284.] What artesian wells declared nuisances — Misdemeanor. Section 1. Any artesian well which is not capped, or furnished with such mechanical appliance as will readily and effectively arrest and prevent the flow of water from such well, is hereby declared to be a public nuisance. The owner, tenant, or occupant of the land upon which such well is situated, who causes, permits, or suffers such pub- lic nuisance, or suffers or permits it to remain or continue, is guilty of a misdemeanor. Same. Sec. 2. Any person owning, possessing, or occupying any land x-pon which is situated an artesian well, who causes, suffers, or permits the water to unnecessarily flow from such well, or to go to waste, is guilty of a misde- meanor. Artesian well defined. Sec. 3. An artesian well is defined, for the purposes of this act, to be any artificial well, the waters of which will flow continuously over the natural surface of the ground adjacent to such well at any season of the year. ARTESIAN WELLS. 41 Waste defined. Sec. 4. Waste is defined, for the purpose of tliis act to be the causing, suffering or perraitting the waters flowing from such well to run into any river, creeli, or other natural watercourse or channel, or into any bay, lake, or pond, or into any street, road, highway, or upon the land of any person other than that of the owner of such well, or upon public lands of the United States or of the state of California, unless it be used thereon for the purposes and in the manner that it may be lawfully used upon the land of the owner of such well; provided, that this section shall not be so construed as to prevent tne use of such waters for the proper irrigation of trees standing along or upon any street, road, or highway, or for orna- mental ponds or fountains, or the propagation of fish. Proceeding^ for misdemeanor. Sec. 5. Any person violating any of the provisions of this act may be proceeded against for a misdemeanor in any justice's court of the county in which such well is located, and shall, upon conviction, be fined for each of- fense not less than ten or more than fifty dollars. There shall also, upon conviction had, in addition to such fine, be taxed against such party the cost of prosecution. Such fine and costs may be collected as in other criminal cases, and the justice may also issue an execution upon the judgment therein rendered, and the same may be enforced and collected as in civil cases. Duty of supervisors. Sec. 6. It shall be the duty of the supervisors or road- masters, on complaint of any citizen within their respective districts, and for that purpose may at all proper times enter upon the premises where such well is situated; and it shall be his duty to institute or cause to be instituted, criminal action for all violations of the provisions of this act, or for all public offenses defined in this act com- mitted within such district. Repeal. Sec. 7. An act entitled "An act to regulate the use of artesian wells and to prevent the waste of subterranean waters in Santa Clara and Los Angeles counties," ap- proved March eighteenth, eighteen hundred and seventy- 42 ASSAULT— ATTORNEY-GENERAL. six, and all other acts and parts of acts in conflict with the provisions of this act, are hereby repealed. Sec. 8. Repealed. [Stats. 1901, 284.] Amendment became a law under constitutional provision without governor's approval, March 14, 1901, Stats. 1901, 284 ; in effect immediately. Sec. 9. This act shall take effect and be in force on and after the first day of July, A. D. eighteen hundred and seventy-eight. TITLE 33. ACT 250. ASSAULT. To punish assaults with caustic or corrosive liquids and substances. [Stats. 1867-8, 194.] Superseded by Penal Code, sec. 244. TITLE 34. ACT 255. ASSESSORS. County treasuries, protection of. [Stats. 1873-4, p. 393.] Probably repealed by County Government Acts, 1897, 452. This act required the assessors of Siskiyou, Calaveras, Amador, and Alpine counties appointing deputies, in pursuance of power given by the board of equalization, to pay such deputies. TITLE 35. ASSIGNMENTS OF CONTRACTS. ACT 260. Relative to bonds, due bills and other instruments in writ- ing and making them assignable. [Stats. 1850, p. 332.] This act has not been in terms repealed, and in the absence of positive legislation, it is difiBcult to tell what, if any, part of it is in force. TITLE 36. ACT 265. ATTORNEY-GENERAL. The better to enable the collection of judgments in favor of the state. [Stats. 1858, 159.] This act authorized the attorney-general to bid in property under execution in favor of and for the benefit of the state. It was superseded by Political Code, sec. 470, subd. 8. ATTORNEYS AT LAW— BANKRUPTCY. 43 ACT 266. To provide the office of the attorney-general witn law books required by him for the conduct of his business and requiring the state librarian to provide ana furnish the same. [Stats. 1895, p. 65.] TITl,E 37. ATTORNEYS AT LAW. ACT 271. Concerning attorneys and counselors at law. [Stats. 1851, 48.] Amended 1859, 60 ; 1861, 40 ; 1869-70, 578. Superseded by Code of Civil Procedure, sees. 275 et seq. TITLE 38. AUBURN. ACT 276. Authorizing the trustees of Auburn to remove a cemetery, and to donate the land occupied thereby to the public for a park. [Stats. 1895, p. 109.] TITLE 39. BANKRUPTCY AND INSOLVENCY. ACT 281. Insolvent debtors, relief of. [Stats. 1875-6, p. 581.] Supplementing act of May 4, 1852. Repealed by Insolvent Act of 1880, 82. Cal.Rep.Cit. 64, 492. ACT 282. For the relief of insolvent debtors. [Stats. 1880, p. 82.] Amended 1891, 511 ; 189.^, 45. Repealed 1895, 131. Cal.Rep.Cit. 65, 863; 106, 579. ACT 283. For the relief of insolvent debtors, for the protection of creditors and for the punishment of fraudulent debt- , ors. [Stats. 1895, p. 131.] Amended 1897, 35. Superseded by the federal law. Cal.Rep.Cit. 117, 28; 118, 435; 126, 638; 127, 104; 130, 572; 130, 573. 44 BANKS AND BANKING. TITLE 40. BANKS AND BANKING. ACT 388. For the formation of savings corporations. [Stats. 1862, p. 199.] Amended 1863-4, 158, 531: 1865-6, 626; 1869-70, 130; 1871-2, 132. Supplemented 1867-8, 459. . "Repealed by section 288, Civ. Code; and even as to pre-exist- ing corporations modified by the codes and the constitution. (Mc- Gowan v. McDonald, 111, Cal. 57.)" — Code Commissioners' note. See, also, Laidlaw v. Pacific Bank, 70 Pac. 277 ; Murphy v. Pacific Bank, 119 Cal. 334. Cal.Rep.Cit. 72, 200; 111, 62; 111, 62; 119, 338; 137, 394; 137, 395. ACT 289. Supplemental to the act for formation of savings corpora- tions. [Stats. 1867-8, p. 459.] Repealed by section 288, Civ. Code. See note to Act 632, post. ACT 290. To provide for the formation of corporations for the ac- cumulation of funds and savings and the direct promo- tion of manufacturing and mechanic arts, agricul- ture and mining. [Stats. 1869-70, 523.] Repealed by sec. 288, Civ. Code. See note to act 632, post. ACT 291. Concerning corporations engaged in banking. [Stats. 1875-6, p. 729.] Repealed 1893, 112; 1895, 77. This act provided for the publication of sworn statements by banks. Cal.Rep.Cit. 72, 56 ; 97, 32. ACT 292. To compel savings banks to publish a sworn statement of unclaimed deposits. [Stats. 1893, p. 183. j This act appears in full in Civil Code, Appendix, p. 674. ACT 293. To compel all depositaries of money and commercial banks to publish a sworn statement of all unclaimed deposits. [Stats. 1897, p. 27.] This act appears in full in Civil Code, Appendix, p. 675. BANKS AND BANKING. 45 ACT 294. Providing for the dissolution and winding up of savings banlis, trust companies, etc., and providing for dis- position of funds not claimed within five years. LStats. 1891, p. 271.] This act appears in full In Civil Code, Appendix, p. 676. , ACT 295. Creating a board of bank commissioners. [Stats. 1877-8, p. 740.] Amended 1887, 90; 1895, 172; 1901, 30. Repealed 1903, 73. Cal.Rep.Cit. 106, 69; 79, 465; 86, 259; 97, 472; 100. Ill; 102, 450; 106, 69; 125, 457; 133, 108., ACT 296. An act creating a board of banK commissioners, and pre- scribing their duties and powers. [Approved March 24, 1903. Stats. 1903, 365.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Within ten days after the passage of this act the governor shall appoint, by and with the advice and consent of the senate, four competent persons, one of whom shall be an expert of accounts, to be styled bank commissioners; and the governor shall designate, at the time of such appointment, their respective terms of office in accordance with the following classification, viz.: Two of said commissioners shall serve for two years, and two for four years. Their successors shall be appointed by the governor, and hold their office for the term of four years and until their successors ai'e appointed and quali- fied. Should a vacancy occur either by death, removal from the state or otherwise, the governor shall appoint his successor for the unexpired portion of his term. The persons who are so appointed shall have no official con- nection with nor be in the employ of any savings bank, bank, banking company, or banking society, nor shall they, during their terms of office, own or be interested in the stock or other property thereof. Said commissioners shall have their office in the city of San P'rancisco. Sec. 2. The bank commissioners, before entering upon the duties of their office, must execute an official bond in the sum of twenty thousand dollars, and take the oath 46 BANKS AND BANKING. of office, all as prescribed by the Political Code for state officers in general. Sec. 3. The duties of the bank commissioners shall be to prepare and furnish to every savings bank, bank, and banking company, or any other corporation incorporated under the laws of this state, or of any other state or terri- tory, or foreign country, doing a banking business in this state, applying therefor, a license, in the form to be pre- scribed by them, authorizing such corporation to use the name and to transact the business of a savings bank, bank, or banking company, until the first day of July next there- after; to receive and place on file in their office the re- ports required to be made by savings banks, banks, or banking corporations, by this act; to prepare and furnish, on demand, to all persons, firms, partnerships, corpora- tions, or officers required to make and return statements or. reports to said bank commissioners by the provisions of this act, blank forms for such statements or reports as may by law be required of them; to make, on or be- fore the first day of October in each year, a report to the governor of this state, containing a tabular statement and synopsis of the several reports which have been filed in their office since their last report, and any other pro- ceedings had or done by them under this act, showing generally the condition of the respective savings, com- mercial and other banking corporations or institutions of this state, and such other matters as in their opinion may be of interest to the public, with a detailed statement, verified by their oaths, of all moneys and fees of office received by them during the same period. Sec. 4. It shall be the duty of one or more of the bank commissioners, as designated by the commissioners, once in each year, and as often as in their judgment may be deemed necessary, without previous notice, to visit and make, personally, a full examination of each and every corporation mentioned in section three of this act; to in- spect all books, papers, notes, bonds, or evidences of debt of such corporation, and all securities; to ascertain the condition of every such corporation, its solvency, its ability to fulfill its obligations, and, if in their opinion it is deemed necessary, report its condition to the attorney- general as soon as practicable after such examination. Sec. 5. Such commissioners must examine, under oath. BANKS AND BANKING. .47 any of the officers, agents, and servants ot any such cor- poration, in relation to the affairs and condition of such corporation, and may administer such oath personally; and whoever shall neglect or refuse, after demand and notice thereof, and without justifiable cause, to appear, or testify under oath, before the said commissioners in the discharge of their duties, shall be deemed guilty of mis- demeanor, and on conviction thereof be punished by a fine not exceeding five thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment. Sec. 6. If any bank commissioner shall have knowl- edge of the insolvency or unsafe condition of any corpora- tion mentioned in this act, and shall neglect to report the same, in writing, to the attorney-general, as required by this act, he shall on conviction thereof be punished by a fine not exceeding ten thousand dollars nor less tnan five thousand dollars, or by imprisonment in the county jail not less than one year nor more than two years, or by both such fine and imprisonment, and his office shall be declared vacant by the governor, and a successor be ap- pointed for the unexpired term. Sec. 7. No corporation shall use the name or transact the business of a savings bank, or bank, or banking cor- poration, without the license provided for by section three of this act; and any corporation violating this provision siiall forfeit the sum of one hundred dollars per day during the continuance of the offense; and any person who en- ters upon, engages in, or carries on, or in any manner attends to the business or management of a savings bank, or bank, or banking corporation, doing business without such license, whether as manager, principal, agent, officer, employee, or otherwise, siiall forfeit the sum of one hundred dollars for every day he so enters upon, engages in, or carries on, or attends to such business; and any violation of this section is also hereby declared to be a misdemeanor. Sec. 8. Any corporation mentioned in section three of this act, including banks in liquidation or insolvency, shall, whenever required by the board of bank commis- sioners, make a report in writing to the commissioners, verified by the oath of its president and its secretary, or cashier, or its two principal officers. Said report 48 BANKS AND BANKING. shall show the actual financial condition of the corpora- tion making the report at the close of any past day by the commissioners specified, by stating: First — The amount of its capital stock, and the num- ber of shares into which it is divided; Second — The names of the directors, and the number of shares of stock held by each; Third — The total amount actually paid, in money, by stockholders for capital stock, and the total amount of reserve fund, if any; Fourth — The total amount due to depositors; Fifth — The total amount and character of any other liabilities it may have; Sixth — The amount at which the lot and building occu- pied by the bank for the transaction of its regular busi- ness, stands debited on its books, together with the market value of all other real estate held, whether ac- quired in settlement of loans or otherwise; the amount at which it stands debited on the bank books; in what county situated, and in what name the title is vested, if not in the name of the corporation itself; Seventh — The amount loaned on real estate, specifying the amount secured on real estate in each county sepa- rately; also, specifying the name of the person in whose name the property is held in trust, or as security, in case it is held in any name other than that of the bank, and the instrument creating the security does not of itself dis- close the name of the bank; Eighth — The amount invested in bonds, designating each particular class, and the amount thereof; Ninth — The amount loaned on stocks and bonds, desig- nating each particular class, and the amount thereof; Tenth — The amount of money loaned on other securities, with a particular designation of each class, and the amount loaned on each: Eleventh — The actual amount of money on hand or de- posited in any other bank or place, with the name of the place where deposited, and the amount in each place; Twelfth — Any other property held or any amount of money loaned, deposited, invested, or placed, not other- wise herein enumerated, with the place where situate, and the value of such property, and the amounts so loaned, deposited, or placed. BANKS AND BANKING. 49 The oaths of the officers to the statements above re- quired shall state that they, and each of them, have a personal knowledge of the matters therein contnined, and that they believe every allegation, statement, matter, and thing therein contained is true; and any willfully false statement in the premises shall be perjury, and shall be punished as such. The reports as provided for by this section shall by the commissioners be required from each and every corporation herein mentioned ac least three times in each year, and shall be transmitted to the commissioners within fifteen days after the receipt from them of a request or requisition therefor. Sec. 9. Any corporation mentioned in section three of this act failing to furnish to the bank commissioners any report by them required under the provisions of this act within the time herein specified, shall forfeit the sum of one hundred dollars per day during the time of such de- fault. Sec. 10. If the bank commissioners, on examination of the affairs of any corporation mentioned in section three of this act, shall find that any such corporation has been guilty of violating its charter, the laws of this state, or any of the provisions of this act, or is conducting business in an unsafe manner, they shall, by an order addressed to the corporation so offending, direct discontinuance of such illegal and unsafe practices, and a conformity with the requirements of the law and its charter, and of the provisions of this act. And if such corporation shall re- fuse or neglect to conform with such requirements before the expiration of the time in the order specified, or if it shall appear to said commissioners and they shall unani- mously decide that it is unsafe for any such corporation to continue to transact business, it shall be the duty of the commissioners immediately to take such control of such corporation, and all the property and effects thereof, as may be necessary to prevent waste or diversion of assets, and to hold possession of the same until the order of court hereinafter mentioned, and to immediately notify the governor and the attorney-general of their action; and it is hereby made the duty of the attorney-general, upon receiving such notification, to immediately commence suit in the proper court against such corporation, and all the directors or trustees thereof, to enjoin and pro- Gen. Laws — 3 50 BANKS AND BANKING. hibit them from the transaction of any further business. If upon the hearing of the case the court shall find that such corporation is solvent and may safely continue busi- ness, it shall dismiss the action, and order that the corpo- ration be restored to the possession of the property, but if the court shall find that it is unsafe for such corpora- tion to continue business, or that such corporation is insolvent, said court shall by its decree order such cor- poration into involuntary liquidation, and shall issue the injunction applied for, and shall cause the same to be served according to law, and shall order the commissioners to surrender the property of the corporation in their pos- session to a receiver appointed by the court for the pur- pose of liquidation in such proceeding, under the orders and direction of the court. The issuance of the injunction ■ hereinbefore provided for shall, by opei'ation of law, dis- solve any and all attachments levied upon any property of such corporation within one month next preceding the date of the notification by the commissioners to the gov- ernor and the attorney-general as provided for in this sec- tion; and no attachment or execution shall, after the issuance of such injunction and during the process of liquidation, be levied upon any property of such corpora- tion, nor shall any lien be created thereon. If a receiver be appointed, before surrendering to him the property of the corporation for purposes of liquidation, the person named as receiver shall execute to the people of the state of California, an undertaking, with sufficient sureties, in an amount to be fixed by the court, that he will well and truly perform all the duties devolving on him by reason of such receivership, and that he will faithfully discharge the duty of receiver in the proceeding, and obey the orders of the court therein. Every receiver appointed under the provisions of this section shall make report of the condir tions of the affairs under his charge to the bank com- missioners in the same manner as the solvent banks men- tioned in this article are, by law, required to do, andj in addition thereto, shall state the amount of dividendsl paid, debts collected, and the money realized on property] sold, if any, since the previous report. The bank commis- sioners shall have the power, and it is hereby made their' duty, to examine the conditions of the affairs of everyj such corporation in liquidation, in the same manner asj BANKS AND BANKING. 51 In case of solvent banks, businesses, and institutions, and tliey shall have a general supervision of the affairs of such corporation in liquidation. They shall have the power to limit the number of employees necessary to close up the business of any such corporailon in liquidation, and also to limit the salaries of the same, and shall do all in their power to make such liquidation as economical and as expeditious as the interests of the creditors, depositors, and stockholders will admit. If any officer or employee of any association or corporation solvent, insolvent, or in liquidation, or if any other person, shall refuse to comply with the provisions of this section, or disregard or refuse to obey the directions of said bank commissioners, given in accordance with the provisions of this act, such person, officer, or employee shall be punished by a fine not exceed- ing five thousand dollars or by imprisonment in the county jail not exceeding one year, or by both such fine and im- prisonment. When the receiver herein provided for shall have been appointed and qualified, the duties of the attorney-general shall end. The bank commissioners shall, by a resolution entered upon its minutes, concurred in by at least three members, have power to employ legal counsel for any of the purposes mentioned in this section or to enforce any of the pen- alties prescribed by this act, without the consent of the attorney-general, the expense thereof to be a charge against the individual bank concerning which said ser- vices are required, and if more than one bank, then pro rata among such banks. Sec. 11. The bank commissioners shall each receive a salary of three thousand six hundred dollars per annum, and necessary traveling expenses, not to exceed, for the four commissioners, the sum of four thousand dollars per annum, to be audited by the state controller and paid by the state treasurer, in the same manner as the salaries and expenses of other state officers. No person while holding any other office, or engaged in business of any kind requiring his personal attention between the hours of nine A. M. and four P. M., shall serve as bank commis- sioner. Sec. 12. The bank commissioners shall furnish each member of the legislature with a copy of their annual 52 BANKS AND BANKING. report, at each session of the legislature, during the first week of the session. Sec. 13. The bank commissioners shall have the power to appoint a secretary, at a salary of two hundred dollars per month. The said commissioners shall keep their office open for business from nine o'clock A. M. until four o'clock P. M. every day, except non-judicial days. They shall procure rooms necessary for their office, at a rent not to exceed seventy-five dollars per month. They may also provide stationery, fuel, and other conveniences neces- sary for the transaction of their duties, not exceeding in the aggregate the sum of twelve hundred dollars per an- num. All expenditures authorized in this section shall be audited and paid in the same manner as the salary of the commissioners. Sec. 14. All reports required to be made to the bank commissioners by the provisions of this act shall be filed, and kept on file, by the bank commissioners, in their office, and shall be open to the inspection of the public uuring their office hours. Sec. 15. To pay the salaries and all other necessary expenses of the commissioners, as provided for by this act, every corporation receiving a license shall pay an- nually, in advance, to the commissioners, in gold coin, its share of the amount required lo pay such salaries and ex- penses; the share to be paid by any corporation to be de- termined by the proportion which its deposits bear to the aggregate deposits of all such corporations receiving li- censes, as shown by the latest reports of such corporations to the commissioners. Said commissioners shall, on de- mand made therefor, and without charge, furnish to every corporation, society, association, company, institution, firm, person, or persons, mentioned in this act, copies of papers, statements, and reports filed in their office, and may, as provided by this act, recover any and all moneys payable to them by any corporation, association, society, company, institution, firm, person, or persons, herein men- tioned; and all moneys collected or received by such bank commissioners, or either of them, under or by virtue of the provisions herein, shall be by them delivered to the treas-. urer of this state, who shall pay the same into a fund which is hereby created, and which shall be known as the 'Bank Commissioners' Fund." And the unexpended bal- BANKS AND BANKING. 53 ances of all moneys heretofore paid into the state treasury by said bank commissioners shall be transferred to said fund and become a part thereof. Sec. 16. The bank commissioners shall keep proper books of record of all acts, matters, and things done by them under the proAisions of this act, which shall be open to the inspection of the public during their office hours. Sec. 17. The bank commissioners or either of them may issue subpoenas for witnesses to attend and testify before them or either of them on any examination by this act authorized, which must be served, obeyed, and enforced as provided in the Code of Civil Procedure for civil cases; the commissioners to issue attachments, and impose the penalty for disobedience, and the witnesses may be pun- ished as provided in the Penal Code. Sec. 18. The bank commissioners may sue for and recover, in the name of the people, in any court of com- petent jurisdiction, all sums of money which become due, payable, or forfeited by any of the provisions of this act. Sec. 19. The commissioners shall, upon the expiration of their term of office, deliver to their successors, or if there be none, then to the controller of state, all property, books, reports, and papers of every description pertain- ing to their office. Sec. 20. Every person engaged for himself, or any per- son being the cashier, manager, or agent, of two or more persons, not incorporated, engaged in the business of banking, or publicly receiving money on deposit, must three times in each year, or oftener, as may be required by the board of bank commissioners, make a report in writing to the commissioners, verified under oath, which report shall show the actual financial condition of the said business on any past day by the commissioners spe- cified, and shall also state the facts required to be stated by incorporated banks or banking corporations in section eight of this act, so far as the same appertain to said business. Such reports shall be transmitted to the com- missioners within fifteen days after the receipt from the commissioners of a request or requisition therefor. Every person violating any of the provisions of this section is guilty of a misdemeanor, and is punishable by imprison- ment in the county jail for not less than ninety days nor more than six months, or by fine of not less than one 54 BANKS AND BANKING. hundred dollars nor more than five hundred dollars, or by both such fine and imprisonment. Sec. 21. The use of the word "bank," or any other word or terms denoting or implying the conduct of the business of banking, or the use of the word "savings," alone or in connection with other words denoting or im- plying the conduct of the business of a savings institution, or a savings and loan society, is hereby prohibited to all persons, firms, associations, companies, or corporations other than those subject to the supervision of the bank commissioners or required by this act to report to them, and no license as in this act provided shall be issued by the commissioners to any corporation that does not receive money from the public as deposits in manner customary with commercial or savings banks. Any person, firm, association, company, or corporation not subject to the supervision of the bank commissioners or not required by this act to report to them, making use of terms implying conduct of a bank, savings bank, or savings and loan so- ciety by means of signs, advertisements, letter heads, bill heads, blank notes, blank receipts, certificates, circu- lars, or any written or printed or partly written and partly printed paper whatever, having thereon any arti- ficial or corporate name or other word or words indicating that such business is the business of a bank, savings bank, or savings and loan society, shall forfeit for each day the offense is continued the sum of one hundred dol- lars, to be recovered as provided in this act. Sec. 22. The commission hereby established shall be the legal successor of the bank commissioners created by the act creating a board of bank commissioners, approved March 30, 1878, and the acts amendatory thereto, and shall be entitled to have and receive all the books, records and other property acquired by and belonging to the said bank commissioners and shall be substituted for and con- tinue in the stead and place of said bank commissioners all suits, actions and proceedings at law now pending wherein said bank commissioners are a party. Sec. 23. All acts or parts of acts in conflict with this act are hereby repealed. Sec. 24. This act shall take effect immediately. BARBERS— BENEFIT SOCIETIES. 55 TITLE 41. ACT 301. BARBERS. To regulate the practice of barbering, the registering and licensing of persons to carry on such practice, and to insure the better education and promote competency and skill among such practitioners in the state of California. [Approved February 20, 1901. Stats. 1901, 15.] Repealed 1903, 166. TITLE 42. ACT30C. BEE CULTURE. To authorize the boards of supervisors of the several counties of this state to appoint inspectors of apiaries and provide for their compensation, and defining their duties, and for the further protection of bee-culture. [Approved March 13, 1883; 1883, 285.] Repealed 1901, 13. The nature of the act appears from its title. ACT 307. To promote the apicultural interests of the state of Cali- fornia by providing county inspectors of apiaries, and defining their duties, and providing for their compen- sation, and repealing the act entitled "An act to authorize the board of supervisors of the several couDties of this state to appoint inspectors of apiaries, and provide for their compensation, and defining their duties, and for the further protection of bee culture," approved March 13, 1883. [Approved February 20, 1901. Stats. 1901, 13.] Amended 1903, 7. TITLE 43. ACT 312. BENEFIT SOCIETIES. Mutual benefit and relief associations. [Stats. 1873-4, p. 745.] Amended 1880. 25 ; 1901, 6. This act appears in full in Civil Code, Appendix, p. 678. Cal.Rep.Cit. 128, 263. 56 BENEVOLENT CORPORATIONS— BENICIA. TITLE 44. BENEVOLENT CORPORATIONS. ACT 317. To further extend the act concerning corporations. [Stats. 1857, p. 75.] This act authorized the formation of corporations for benevo- lent purposes. See note to act 632, post. ACT 818. Further extending act concerning corporations. [Stats. 1858, p. 57.] Amended and supplemented 1858, 264. This act allowed the formation of corporations for charitable and benevolent purposes. ACT 319. Supplementary to act of 1850 concerning corporations. [Stats. 1858, p. 264.] This act authorized the formation of corporations for benevolent and literary purposes. See the note to act 632, post. TITLE 45. BENICIA. ACT 324. To settle land titles in. [Stats. 1865-6, p. 107.] ACT 325. To cede certain property to. [Stats. 1855, 239.] This act ceded to Benicia the entire waterfront of that city. Cal.Rep.Cit. 118. 345. ACT 326. Election of assessor, city marshal, and treasurer of. [Stats. 1877-8, p. 400.] Superseded by incorporating, in 1886, under Municipal Cor- poration Act of 1883. ACT 327. To provide for the government of. [Stats. 1859, 314.] Supplemented 1860, 118; 1861, 17. Amended 1862, 231; 1S67-S. 3, 206; 1869-70, 854; 1S73-4, 777. Superseded by incor- porating, in 1886. under the Municipal Corporation Act of 1883. BERKELEY— B'NAI B'RITH, 57 TITLE 46. ACT ii** BERKELEY. To incorporate the town of. [Stats. 1877-8, p. 888.] Superseded by the charter of Berkeley, 1895, 410. (Miner v. Justices' Court, 121 Cal. 264.) ACT 333. To create a justice's court for the town of. [Stats. 1895, p. 205.] Unconstitutional. (Miner v. Justices' Court, 121 Cal. 264.) TITLE 47. ACT 33S. ^^^ TREES. Big trees, protection of, in Fresno, Tulare and Kern Counties. [Stats. 1873-4, p. 347.] ACT 339. To provide for the management of the Mariposa big tree grove. [Stats. 1880, 44.] Amended 1885, 212. TITLE 48. ACT 344. BILLS AND NOTES. Relating to bills of exchange and promissory notes. [Stats. 1850, p. 247.] Superseded by provisions of Civil Code relating to negotiable instruments. Cal.Rep.Cit. 90, 107; 103, 322; 103, 323. TITLE 49. ACT 349. BLUE BOOK. To provide for the compilation, printing, binding, pub- lishing and distribution of a legislative manual and state blue book, or roster, and repealing conflicting acts. [Approved February 13, 1903. Stats. 1903, 19.] Former acts can be found in Statutes 1891, 454, and 1893, 218. TITLE 50. ACT 354. B'NAI B'RITH. Concerning order of B'nai B'rith. [Stats. 1867-8, p. 310.] Repealed by sec. 288, Civ. Code. See note to act 632, post. This act conferred corporate power on this society. 58 BOARD OF EXAMINERS— BOARD OF TRADE. TITLE 51. BOARD OF EXAMINERS. ACT 359. Purchase of supplies for state oflBcers and members of the legislature. [Stats. 1875-6, p. 314.] This act constituted the state board of examiners a furnishing board with certain powers and duties. ACT 360. To authorize the state board of examiners to invest the moneys derived from the state school lands in the bonds of the several counties of this state. [Stats. 1871-2, 54. Repealed 1883, 25.] ACT 361. Authorizing state board of examiners to sell old furniture and all material belonging to the state and not re- quired for public use. [Stats. 1891, p. 452.] ACT 362. Prescribing certain duties to be performed by the state controller, state treasurer, and state board of ex- aminers. [Stats. 1871-2, p. 118.] This act appears in full in Political Code, Appendix, p. 1103. TITLE 52. BOARDS OF FREEHOLDERS. ACT 367. In relation to municipal elections where the same are held separate from general state elections, and elections held undef the authority of section eight of article eleven of the constitution, to elect boards of free- holders, or to vote upon proposed charters or upon amendments to existing charters, and to repeal an act entitled an act in relation to elections held under the authority of section eight of article eleven of the constitution, approved March 31, 1897. [Approved March 4, 1899. Stats. 1899, 63.] Cal.Rep.Cit. 133, 344. BOARDS OF TRADE. See title Chambers of Commerce. BONDS. * 59 TITLE 53. ACT 369. BONDS. To provide for funding the indebtedness of counties in certain cases. [Stats. 1884, 8.] Superseded by County Goverument Act, subd. 13. sec. 25, 1897, 460. ACT 370. To provide for the funding indebtedness of the several counties of the state and the issuing of bonds therefor. [Stats. 1889, p. 37.] Superseded by sec. 25, County Government Act, 1897, 457. ACT 371. Authorizing the several counties of the state to create a bonded indebtedness. [Stats. 1889, p. 348.] Superseded by sec. 25, County Government Act, 1897, 460. ACT 372. Providing for submitting to the qualified electors of a county or city and county a proposed issue of bonds. [Stats. 1883, p. 375.] Superseded by sec. 25, County Government Act of 1897, and as to San Francisco by its charter. ACT 373. Authorizing the board of supervisors of any county, or any subdivision of a county, having a bonded debt, to refund such debt at a less rate of interest. [Ap- proved March 18, 1885, 211.] Superseded by subd. 13, sec. 25, County Government Act, 1897, 460. ACT 374. To provide for the payment of interest on the outstanding bonds of the state held in trust for the university fund and the state school fund. [Stats. 1893, p. 75.] Amended 1899, 93. ACT 375. To provide for the redemption and payment of certain funded debt bonds of the state. [Stats. 1893, p. 49.] ACT 376. To provide for the issuance and sale of state bonds to create a fund for the construction by the board of state harbor commissioners of a seawall and appur- 60 BONDS. tenances in the city and county of San Francisco; to create a sinking fund for the payment of said bonds; and providing for the submission of this act to a vote of the people. [Approved March 20, 1903. Stats. 1903, 247.] This act provided for the submission to the people of the ques- tion of voting upon the issuance of bonds to the amount of $2,000,000 for the construction of a seawall in San Francisco. ACT 377. To facilitate the giving of bonds required by law. [Stats. 1885, p. 114.] Cal.Rep.Cit. 97, 355. This act appears in full in Code of Civil Procedure, Appendix, p. 761 ; also in Civil Code, Appendix, p. 680. It authorized surety corporations to act as sole surety. ACT 378. In relation to suits brought on official bonds and obliga- tions in favor of the state. [Stats. 1857, 173.] Superseded by Political Code, sees. 983, 984. ACT 379. To provide for the payment by the state or counties, or cities, or cities and counties, of the premium or charge on official bonds when given by surety com- panies. [Stats. 1903, 476.] This act appears in full in Political Code, Appendix, p. 1041. ACT 3S0. To provide for the redemption and payment of certain funded debt bonds of this state, together with interest thereon, making an appropriation therefor, and au- thorizing the state controller and state treasurer to transfer the sum of one hundred and twenty thousand dollars from the general fund to the interest and sinking fund to carry out the provisions of this act. [Approved February 27, 1893. Stats. 1893, p. 49.] ACT 3S1. To provide for the payment of funded indebtedness of the state of California, and to contract a funded debt for that purpose. [Approved March 31, 1891. Stats. 1891, p. 210.] The act created a board of commissioners to issue bonds for the purpose indicated and provided for the sale and redemption of the bonds. BONDS. 61 ACT 382. An act authorizing tbe common council, board cf trustees, or other governing body of any incorporated city or town other than cities of the first class to refund its indebtedness, to issue bonds therefor, and to provide for the payment of the same. [Stat, approved March 9, 1897; Stats. 1897, 75, amended 1901, 274.] Unconstitutional in part. (Los Angeles v. Hance, 122 Cal. 77.) The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The common council, board of trustees, or other governing body of any incorporated city or town other than cities of the first class, in this state, having an outstanding indebtedness, evidenced by bonds or warrants thereof, or by judgment or judgments recovered against it upon bonds or wai'rants originally issued by such town or city, is empowered, by a two-thirds vote of its number, to fund or refund the said indebtedness and issue bonds of such city or tov/n therefor in sums of not less than one hun- dred dollars nor more than one thousand dollars each, and having not more than forty years to run, and bearing a rate of interest not exceeding six per cent per annum, payable semi-annually; provided, that no indebtedness shall be refunded at a higher rate of interest than that borne by the original debt. Such bonds shall be of the character known as "serials," not less than one fortieth of the principal being payable each year, together with the interest due on all sums unpaid. Principal and interest on said bonds shall be payable in gold coin or other lawful money of the United States, as may be expressed in said bonds, at the office of the treasurer of said city or town. Said bonds shall be sold in the manner provided by such city council or other governing body, to the highest bidder therefor, for not less than their face value, in the same character of money as that in which they are payable. The proceeds of such sale shall be placed in the treasury of such city or town to the credit of the "funding fund," and shall be applied only to refunding the indebtedness for which said bonds were issued. Said trustees, or other governing body, shall at the time for fixing the general tax levy for each year, and in the same manner as such 62 BONDS. tax levy is made, levy and collect sufficient money to pay such part of the principal of said bonds issued under this act as one year bears to the number of years for which the bonds are to run, and also the annual interest upon the sums unpaid. [Amended 1901, 274.] Sec. 2. Whenever sufficient money is in the funding fund, in the hands of the treasurer, to redeem one or more of the outstanding bonds proposed to be refunded, he shall publish once a week for two weeks in some news- paper of general circulation published in such city or town, if there be any, a notice to the effect that he is prepared to pay such bond or bonds (giving the number thereof), and if the same are not presented for redemption within thirty days after the first publication of such notice, the interest on such bonds will cease. He shall, at the same time, deposit in the post office a copy of such notice, inclosed in a sealed envelope, with the postage paid thereon, addressed to the owner or owners of such bond or bonds, at the post office address of such owner or owners, as shown by the record thereof kept in the treasurer's office. If such bond or bonds are not presented within the time specified in such notice, the interest thereon shall then cease, and the amount due be set aside for the payment of the same, whenever presented. All redemption of bonds shall be made according to the priority in the order of their issuance, beginning; at the first number. Whenever such outstanding bonds are sur- rendered and paid, the treasurer shall proceed to cancel the same by indorsing on the face thereof the amount for which they are received, the word "Canceled" and the date of cancellation. He shall also keep a record of such bonds so redeemed, and shall make a report of the same to the common council, or other governing body of such city or town, at least once a month, accompanying the same therewith by the bonds which have been taken up and canceled. Sec. 3. All moneys which shall remain in said funding fund after all outstanding bonds or indebtedness as were proposed to be refunded have been taken up and canceled, shall be paid into the general fund of such city or town, and become a part thereof. [Amended 1901, 275.] Sec. 4. Chapter eighty-two of the statutes of eighteen hundred and eighty-three, chapter forty-eight of the BONDS. 63 statutes of eighteen hundred and ninety-three, and chapter one hundred and seventy-six of the statutes of eighteen hundred and ninety-five, all being laws of the state of California in conflict herewith, are hereby repealed. Sec. 5. This act shall take effect and be in force imme- diately after its passage. This act repealed the act of March 15, 1883 ; Stats. 1883, p. 370, and the amendatory acts of March 1, 1893, Stats. 1893, 61, and of March 27, 1895, Stats. 1895, p. 203, providing for the refunding of indebtedness and the issuing of bonds. ACT 383. An act providing for submitting to a vote of the qualified electors of a county, or city and county, a proposal to issue bonds. [Approved March 15, 1883; 1883, 375.] Issue of bonds to be submitted to vote. Section 1. Any county, or city and county, in which the board of supervisors may declare by resolution that the income and revenue provided for it for the fiscal j'ear ending June thirtieth, eighteen hundred and eighty-three, .will not be sufficient to carry on the government of such county, or city and coimty, until the commencement of the fiscal year beginning July first, eighteen hundred and eighty-three, may, by resolution adopted by a majority of such board, and with the approval of the presiding oflicer thereof, submit to a vote of the qualified electors of such county, or city and county, a proposition to issue the bonds of such county, or city and county, in a sum not to exceed five hundred thousand dollars, in accordance with section eighteen of article eleven of the constitution of the state of California. Supervisors to issue and negotiate. Sec. 2. The said board of supervisors are granted full power and authority to provide by ordinance for the printing, signing, custody, redemption, and issuance of all bonds under the provisions of this act, and for their negotiation, sale, or exchange for cash, or for county, or city and county indebtedness; provided, that said bonds shall not be sold below par. Sinking fund created. Sec. 3. Before any election is held to determine the Question of the issuance of said bonds, the board of ■64 BONDS. supervisors may provide by ordinance for the collection of an annual tax sufficient to pay the interest on any bonds which may be issued under the provisions of this act, as said interest falls due, and also to constitute a sinking fund to pay the principal of said bonds at a time to be fixed by said board of supervisors, not more than twenty years from the date of the passage of said or- dinance. Calling of election. Sec. 4. Whenever the said board of supervisors shall, by resolution, so request, it shall be the duty of all officers, boards, and commissioners, to call an election as herein, and by said board of supervisors provided for, and at the time (which shall not be less than ten days) provided for by said board of supervisors; and at said election the registers used at the last general or special election shall be used without new registration. Sec. 5. This act shall be in force from and after its passage. ACT 384. An act to authorize the several counties of this state to create a bonded indebtedness for certain pur- poses. [Approved March 19, 1889; 1889, 348.] Issuance of bonds to pay county indebtedness, not created by law, to be submitted to a vote. Section 1. Whenever it shall appear to the satisfaction of the board of supervisors of any county of tnis state that said county is justly indebted to any person or per- sons for money received into the treasury of said county, and used by said county, and which said indebtedness at the time of its creation was not authorized by law, they shall, by ordinance, declare that said county is justly in- debted to the person or persons named in said ordinance, in a sum named therein, and that the question of issuing bonds in the sum therein named, for the purpose of paying said debt, shall be submitted to a vote of the legal voters of said county. Notice of election. Sec. 2. The supervisors of said county shall thereupon publish a notice calling an election to be held in said coun- BONDS, 65 ty, submitting to the voters of said county the question whether said bonds shall be issued or not. The notice shall state the amount of bonds to be issued, the purpose for which they are issued; said notice shall be published, and the election held as provided by section thirty-seven of an act of the legislature of the state of California, entitled "An act to establish a uniform system of county and township governments," approved March fourteenth, eighteen hundred and eighty-three. Return. Sec. 3. If upon return of the election it shall appear that two thirds of all the voters voting at such election have voted in favor of issuing said bonds, the supervisors are required to issue bonds in the sum named in the notice of election, payable to the creditors named in said ordinance; said bonds shall bear interest at the rate of iive per cent per annum, and shall be payable at such time as the board of supervisors shall order, not exceeding twenty years from date. They shall be signed by the chairman of the board of supervisors and county clerk. Tax levy to pay interest. Sec. 4. It shall be the duty of the board of supervisors each year to levy a tax sufficient to pay the annual interest on said bonds, and to pay the principal as the same shall become due. This act is to take effect from and after its passage. ACT 3S5. An act providing for the destruction of municipal bonds of municipal corporations where the same have been executed and remain unsold. [Approved February 26, 1897; Stats. 1897, 34.] Section 1. Whenever there remain in the possession of any municipal corporations in this state any bonds voted to be issued for municipal purposes, which have been executed but not sold and disposed of, and the sale and disposal of such bonds sliall be deemed by the board of trustees or other governing board of such city to have become impossible or inexpedient, and that their destruc- tion is desirable, it shall be lawful for said board to give public notice of its intention publicly to destroy such bonds by a notice published for tour successive weeks 66 BONDS. in the official newspaper of said city, if tliere be such a paper, and otherv/ise, in any newspapei- published and circulated in said city which may be designated by said board; such notice shall specify the time and place of such intended destruction, and the reason alleged therefor, together wdth a general description of the character and amount of said bonds. And it shall be lawful for said board, at the time and place and in accordance with the terms of said notice, publicly to destroy said bonds unless at least three days prior to said time, written objections to such destruction shall be filed with the clerk of said city, signed by a majority of the legal voters of said city as appears by the vote cast at the last preceding general municipal election. Sec. 2. No further or other issue of bonds in place of those thus destroyed shall be made by such city, or its board of trustees, or other governing board, unless again authorized by a vote of the people as provided by law. Sec. 3. This act shall take effect and be in force from and after its passage. ACT 386. An act to authorize municipal corporations to declare all or any of their bonded indebtedness to be at once due and payable, to compromise such bonded indebt- edness and to consent to a judgment in favor of the holders of the same. [Approved March 16, 1903; Stats. 1903, 164.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever any incorporated city or town in this state has an outstanding indebtedness evidenced by the bonds thereof the common council, board of trustees or other governing body thereof, shall have the power to submit to the qualified electors of such city or town at any election to be held for that purpose, the question of declaring all or any of such bonds to be at once due and payable, of compromising such bonded indeotedness, of consenting to a judgment in favor of the holders of such bonds, and of providing for the payment of such judgment in installments. Said election shall be called and held in the same man- ner in which other elections are held in such city or town. BONDS. 67 Tne notice of such election shall specify the bonded in- debtedness which it is proposed to declare at once due and payable, the terms of the proposed compromise of the same, of the proposed judgment by consent in favor of the holders of such bonds, and the proposed method of paying such judgment in installments. The question shall be voted upon as an entirety. If at such election two thirds of the qualified electors vote in favor of the question submitted, the said common council, board of trustees or other governing body shall, by ordi- nance, declare the bonds described in said notice of elec- tion, to be at once due and payable and thereupon shall be authorized to carry into effect the compromise and to consent to the judgment specified in such notice of elec- tion, and to the proposed method of paying the same in installments, and to designate by resolution the officers and attorneys who shall sign the necessary documents, and to provide for the collection of an annual tax, suffi- cient to pay the interest on such judgment as it falls due, and such a proportion of the principal thereof as is desig- nated in such notice of election. Sec. 2. No proceeding under section one hereof shall affect the rights of any non-consenting holder of any bond or bonds specified in the notice of election. Sec. 3. In any action brought upon any of the bonds described in the notice of election, the judgment of any court of competent jurisdiction in such action, shall be conclusive as to the regularity of all proceedings taken under the provisions of section one of this act. Sec. 4. Whenever any action is brought upon any of the bonds described In the notice of election, the plaintiff shall be required to deposit in the court in which such action is brought, the bonds upon which he sues and when the judgment of such court, rendered in accordance with the terms of the proposed compromise described in such notice of election, becomes final, the bonds sued upon shall be delivered to the treasurer of the city or town against which such judgment, is rendered, to be held by him and his successors in office until such judgment shall have been satisfied in full. If for any reason such judg- ment should be reversed or set aside or any orders or writs thereunder should be disobeyed by the defendant or its oflBcers, it shall be the duty of such treasurer to return 68 BONDS. such, bonds to the plaintiff who thereupon ma}' at his own option be relegated to all the rights which he held and enjoyed under such bonds, crediting, however, on such rights, all amounts already received on such judgment. The performance of the duty imposed herein upon such treasurer may be enforced by the court in which such judgment is rendered. Sec. 5. All acts or parts of acts conflicting with this act are hereby repealed. Sec. 6. This act shall take effect immediately. ACT 3S7. An act in relation to municipal bonds. [Approved February 28, 1903; Stats. 1903, 61.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever the owner of any coupon bond, or of any bond payable to bearer, already issued or here- after issued by any municipal corporation now or here- after existing in this state, shall present any such bond to the treasurer or other officer of such corporation, who by law performs the duties of treasurer, with a request for the conversion of such bond into a registered bond, such treasurer, or such other officer, shall cut off and cancel the coupons of any such coupon bond so presented, and shall stamp, print, or write upon such coupon bond, or such other bond payable to bearer, so presented, either upon the back or upon the face thereof, as may be con- venient, a statement to the effect that the said bond is registered in the name of the owner, and that thereafter the interest and principal of said bond are payable to the registered owner. Thereafter, and from time to time any such bond may be transferred by such registered owner in person, or by attorney duly authorized on presentation of such bond to such treasurer, or such other officer, and the bond be again registered as before, a similar statement being stamped, printed, or written thereon. Such statement stamped, printed, or written upon any such bond may be in substantially the following form: (Date, giving month, year, and day.) This bond is registered pursuant to the statute in such cases made and provided in the name of (here BONDS— BOUNDARIES OF STATE. 69 Insert name of owner) and the interest and principal thereof are hereafter payable to such owner. Treasurer (or such other officer). After any bond shall have been registered as aforesaid, the principal and interest of such bond shall be payable to the registered owner. Such treasurer, or such other officer, shall keep in his office a book or books which shall at all times show what bonds are registered and in whose names respectively. Sec. 2. Whenever under any statute of this state or any charter of any municipal corporation in this state, any bonds are issued, whether the proceedings for the issuance of such bonds have been had in whole or in part prior to the enactment of this statute, or whether the same have been had in whole or in part after the enactment of this statute, such bonds may be issued either in the form of coupon bonds, or in the form of registered bonds, or some in the form of coupon bonds, and some in the form of registered bonds, as has been or hereafter may be provided in the proceedings for the issuance of such bonds, and notwithstanding any language or pro- vision to the contrary contained in any such statute or charter authorizing the issuance of the bonds, or in any other law of the state. The provisions of section one of this act shall apply to coupon bonds, so issued, as well as to other coupon bonds, or other bonds payable to bearer. Sec. 3. This act shall take effect immediately. TITLE 54. ACT 392. BOOMS. Authorizing boards of supervisors to grant franchises for constructing booms. [Stats. 1881, p. 25.] Superseded by subd. 35, sec. 25, County Government Act, 1897, 466. Repealed 1901, 265. TITLE 55. ACT .397. BOUNDARIES OP STATE. To provide for the correction and establishment of the eastern boundary of the state. [Stats. 1889, p. 38.] Perhaps obsolete, for it provided the work was to be done in one year. 70 BOUNTIES— BRIDGES. ACT 398. To define and establlsti a portion of the eastern boundary of the state of California. [Became a law under con- stitutional provision without governor's approval, March 1, 1901. Stats. 1901, p. 89.] TITLE 56. Fixing a bounty on coyote scalps. [Stats. 1891, p. 280.] Repealed 1895, 1. Cal.Rep.Cit. 106, 116; 106, 120; 106, 125. TITLE 57. ACT 408. BRANCIFORTE. To settle land titles in the town of Branciforte, Santa Cruz County. [Stats. 1863-4, p. 443.] TITLE 58. ACT 413. BRAZOS DEL RIO. Changing the name of the town of Brazos del Rio in Solano County to Rio Vista. [Stats. 1861, p. 12.] TITLE 59. ACT 418. BRIDGES. Authorizing cities to maintain drawbridges across naviga- •■ ble streams flowing through or penetrating the bound- aries of such cities. [Stats. 1883, p. 295.] ACT 419. An act concerning bridges across navigable streams. [Approved February 25, 1897; Stats. 1897, 21.] Section 1. The board of supervisors of any county in this state now controlling or maintaining, by virtue ofi any statute, any bridge across any navigable stream wholly or in part within the boundary lines of any muni- BRIDGES. 71 cipal corporation, Is hereby authorized and empowered, whenever it may become necessary, in the interest ot commerce or by reason of any such bridge being out of repair, to reconstruct and rebuild any part of such bridge, or replace said bridge by a new structure, or with the consent of the governing bodies of such naunicipalities change the location of such bi'idge to such place on such stream as may be better suited to its use, or to the use of such navigable stream; and the board of supervisors of any county is hereby authorized to abandon any such existing bridge and rebuild a new bridge at such changed location, and the board of supervisors of any such county so rebuilding and reconstructing said bridge may enter into an agreement with any person or corporation, now maintaining any bridge across any such navigable stream, for the building of a joint bridge for the purpose of pre- venting the impeding of commerce on such navigable streams, and of apportioning the expense between said county and said person or any corporation, in such man- ner as may be agreed upon between said county and said person, or corporation. Sec. 2. The expense of said reconstruction, or the building of a new bridge, to be payable out of the same fund as is now provided by law for the maintenance and repair of any such bridge; provided, that in case said coun- ty should make such agreement with said person or cor- poration for the building of any joint bridge, that only the county's portion of said joint bridge, as may be settled by said agreement, shall be paid from the said funds; and, provided, that in no event shall the county pay more than one half the cost of construction, repair or reconstruction of any such joint bridge. Sec. 3. All acts or parts of acts in conflict herewith are hereby repealed. Sec. 4. This act shall take effect from and after its passage. ACT 420. An act to provide for bridges across navigable streams, and across estuaries, ponds, swamps, or arms of bays that may be outside of the line of navigable waters. [Approved March 14, 1881; Stats. 1881, 76.] 72 BRIDGES. Power of supervisors to erect bridges. Section 1. The power to erect bridges on public high- ways across navigable streams in this state, or to grant franchises to individuals, or corporations for the same, is hereby granted to the boards of supervisors of the several counties of the state, under the restrictions of this act. Regulation of tolls, by whom exercised. Sec. 2. The power to grant franchises to individuals or corporations to construct bridges, and the regulation of tolls thereon, shall be exercised by the county on the left bank of all streams. Supervisors may join between counties. Sec. 3. Where a navigable stream is the boundary line between the counties, the boards of supervisors of such counties may join in the construction of a bridge, upon such terms as may be agreed upon; provided, how- ever, that in case of a failure to agree, either county may build the bridge and maintain control thereof. Notify state engineer. Sec. 4. Whenever the supervisors of any county or counties desire to erect a bridge on any public highway, or to grant the privilege so to do to any individual or corporation, across a navigable stream, under the pro- visions of this act, said board or boards shall notify the state engineer of such purpose, and of the precise point where such bridge is proposed to be located. The state engineer shall, within ten days of the receipt of such no- tice, designate the width of the draw to be made in such bridge, and also the length of the spans necessary to permit the free flow of water. Hearing before state engineer. Sec. 5. The communication from the state engineer, fixing the draw and spans, shall be spread upon the minutes of the board, and any bridge constructed at that point shall be in conformity therewith; provided, how- ever, that the state engineer may, upon hearing before him, had upon the application of any person or body interested, made within ten days after the receipt by said board of supervisors of said communication of said BRIDGES. 73 engineer, change Ms first plans, in which case the modi- fied plans must be so spread upon the minutes, and shall stand in the place of the original; provided, however, that before such hearing is had, the said engineer must give ten days' notice by publication in some newspaper published in the county or counties from which the appli- cation came, of the time and place of the hearing. Surveyor-general, when may act. Sec. 6. In case of the absence or inability of the state engineer to act, the duties devolving upon him under this act shall be perfoi-med by the state surveyor-general. Rates of toll, by whom fixed. Sec. 7. When a bridge shall be built on a navigable stream by one county, or two counties, it may be abso- lutely free, or tolls sufficient to pay in whole, or in part, for the construction, and to keep up the repairs and expenses thereof, may be charged; the rate to be fixed by the board of supervisors of the county in which the same is located, or, if located in two counties, then by the boards of supervisors of the two counties; or if there be any disagreement between said boards, as to imposing or removing tolls, or the rate, the matter in dispute shall be referred to the board of supervisors of some neighbor- ing county for determination, and its decision, communi- cated in writing to the clerks of the said boards re- spectively, shall be final; and if tolls are fixed or removed thereby, the same shall take effect on the tenth day from the date of such written determination. Supervisors to declare necessity for building bridges. Sec. 8. The board of supervisors, or other governing body of any city and county, or county, in this state, shall have power to declare that it Is necessary for the public convenience to have a bridge or bridges built across any estuary, swamp, pond, or arm of a bay that may lie or extend into the county, or city and county, and presci'ibe the points between which said bridge or bridges shall be built, and when they shall have specified the points between which it is. In their judgment, necessary to build the said bridge or bridges, they may let contracts to build the bridges, as aforesaid, and pay for the same cut of the general fund of the city and county, or county. Sec. 9. This act shall take effect immediately. Gph. Laws — 4 74 BROOKLTX— BUTTE COUNTY. TITLE 60. ACT 425. BROOKLYN. Incorporating Brooklvn. [Stats. 1869-70, p. 680.] Amended 1871-2, 409. Brooklyn is now a part oJ Oakland- TITLE 61. BUILDING AND LOAN ASSOCIATIONS. ACT 430. Creating a board of commissioners of building and loan associations and prescribing their powers and duties. [Stats. 1893, p. 229.] Amended 18&5, 103. This act appears in full in Civil Code, Appendix, p. 681. TITLE 62. .^^ ,o- BUOYS AND BEACONS. For the protection of buoys and beacons. [Stats. 1S73-4, 619.] Tliis act appears in full in the Appendix to the Penal Code, p. 573. TITLE 63. ACT 440. BURIAL. To protect the public health from infection caused by the exhumation and removal of human remains. [Stats. 1877-8, p. 1050.] Amended 1SS9, 139. Cal.Rep.Cit. 58, 227; 136, 268. See, post, act 545. TITLE 64. ACT 445. B^'TTE COUNTY. Protection of agriculture in. [Stats. 1873-4, p. 310.] Amended 1875-6, 314. Superseded by 1897, 198. CaLRep.Cit. 64, 114; 117, 195. This act provided against the trespassing of animals. I BUTTE COUNTY. 75 ACT 446. Concerning salary of county assessor of. [Stats. 1871-2, p. 270.] Repealed by County Government Act, 1S97, 523, sec. 171. ACT 447. Relating to salary of treasurer and auditor of. [Stats. 1871-2, p. 709.] Repealed by County Government Act, 1S97, 523, sec. 171. ACT 448. Defining a lawful and partition fence in. [Stats. 1871-2, p. 700.] ACT 449. To prevent hunting of game within certain private grounds in. [Stats. 1S71-2, p. 477.] ACT 450. Providing for the payment of fees for witnesses and jurors. [Stats. 1S71-2, p. 233.] Amended 1S73-4, 508. Repealed by fee bill. 1895, 273, fixing jurors' and witnesses' fees. ACT 451. To regulate fees of justices in. [Stats. 1877-8, p. 683.] Repealed by the fee bill of 1S95, 267. ACT 452. To provide for the appointment of two additional notaries public for Butte County. [Stats. 1871-2, p. 36.] Superseded by Political Code, sec. 791. ACT 453. Salaries and compensation of ofacers. [Stats. 1S73-4, p. 733.] Amended 1875-6, 753, 906 ; 1877-8, 248. Superseded by tbe County Government Act, (Lynch v. Butte County, 102 Cal. 448). ACT 454. Authorizing transcribing records in. [Stats. 1859, p. 119.] ACT 455. Authorizing and empowering the recorder of Butte County to make copies of certain records. [Stats. 1S5S, p. 108.] ACT 456. Concerning roads in. [Stats. 1871-2, p. 322.] Amended 1871-2, 693. Repealed 1SS3, p. 5, chap. X, sec. 2. 76 BUTTER. ACT 457. Roads in. [Stats. 1873-4, p. 503.] Superseded by 1883, 5, chap. X, sec. 2, and the County Govern- ment Act, 1897, 452. Cal.Rep.Cit. 81, 125. ACT 458. Roads and highways in. [Stats. 1875-6, p. 752.] Amended 1877-8, 18. "Repealed by 1883,5, chap. X, sec. 2; also by Political Code, sec. 2652, as amended 1891, 478, and County Government Act, 1897, 452." — Code Commissioners' note. ACT 459. Roads and highways in. [Stats. 1877-8, p.402.] Repealed 1883, 5, chap. X, sec. 2. ACT 460. Sheriff to collect licenses, and fixing salary therefor. [Stats. 1877-8, p. 287.] Repealed by County Government Act, 1897, 473, sec. 55. ACT 461. Sheriff, act concerning, and fixing his comrensation. [Stats. 1877-8, p. 567.] ACT 462. Superintendent of schools, fixing salary of. [Stats. 1873-4, p. 170.] Repealed by County Government Act, 1897, 452. ACT 463. Treasurer of, to transfer certain funds. [Stats. 1875-6, p. 355.] Superseded by subd. 18, sec. 25, 1897, 463. This act authorized the transfer of swamp land funds to the general fund. ACT 464. Los Angeles, Sutter, and Butte counties, treasuries of, better protection of. [Stats. 1875-6, p. 365.] Supplemented and amended 1875-6, 637, exempting Sutter County. Superseded by County Government Act, 1897, 483, sec. 115. This act provided for the examination and counting of the funds. TITLE 65. ACT 469. BUTTER. To prevent the sale of short-weight rolls of butter. [Stats. 1893, p. 151.] This act is in the Penal Code, Appendix, p. 574. CALAVERAS COUNTY. 77 ACT 470. To prevent deception in the sale of process or renovated butter. [Stats. 1899, p. 25.] ACT 471. To prevent deception in the manufacture and sale of butter and cheese, to secure its entorcemeut and to appro- priate money therefor. [Stats. 1897, 65.] This act is in full in the Penal Code, Appendix, p. 574. TITLE 66. ACT 476. CALAVERAS COUNTY. Agriculture, protection of. [Stats. 1873-4, p. 579.] Supplemented, 1875-6, 901. Repealed 1897, 198. ACT 477. Providing for redemption of bonds of. [Stats. 1871-2, p. 716.] ACT 478. Constables of, regulating fees of. [Stats. 1877-8, p. 592.] Repealed by fee bill of 1895, 267. ACT 479. Supervisors and district attorney, offices of. [Stats. 1875-6, p. 141.] Repealed by County Government Act, 1897, 452. ACT 480. Regulating fees and salaries in. [Stats. 1873-4, p. 13.] Supplementing act of March 4, 1870. Repealed by County Government Act, 1897, 547, sec. 188. ACT 481. Supplementing, act to regulate fees and salaries and define duties of certain officers. [Stats. 1871-2, p. 177.] Superseded by the County Government Act, 1S97, 452. ACT 482. Regulating certain township offices in. [Stats. 1875-6, p. 78.] Superseded by Code of Civil Procedure, sec. 103, and County Government Act, 1897, 474, sec. 56. This act provides for justices and constables. ACT 483. Mining claims, recording in. [Stats. 1875-6, p. 853.] 78 CALIFORNIA AND ORE. R. R.— CALIFORNIA PAC. R. R. ACT 484. Enforcing collection of poll tax in. [Stats. 1873-4, p. 494.] Amended 1S77-8, 35. Superseded by Political Code, sees. 3839, 3840, and subd. 5, sec. 25, County Government Act, 1897, 458. ACT 4S5. Providing for location, construction, and maintenance of public roads. [Stats. 1871-2, p. 160.] Repealed 1873-4, 358. ACT 4se. Repealing special road laws and applying the provi- sions of the Political Code relating to roads and high- ways. [Stats. 1873-4, 359.] ACT 487. Road poll taxes in, collection of. [Stats. 1875-6, p. 354.] Repealed by Political Code, sec. 2652, as amended 1891, 478. ACT 488. Superintendent of public schools, salary of. [Stats. 1877-8, p. 204.] "Never went into effect. (Peachy v. Calaveras County, 59 Cal. 548.) Repealed by County Government Act, 1897, 547, sec. 188." — Code Commissioners' note. ACT 489. Treasurers of, bonds of. [Stats. 1875-6, p. 17.] Repealed by County Government Act, 1897, 475, sec. 66. TITLE 67. CALIFORNIA AND OREGON RAILROAD COMPANY. ACT 494. Giving effect to the act of congress relating to the Cali- fornia and Oregon Railroad Company. [Stats. 1867-8, D. 655.] TITLE 68. CALIFORNIA PACIFIC RAILROAD COMPANY. ACT 499. Granting certain rights and privileges to California Pacific Railroad Company. [Stats. 1867-8, p. 671.] CALIFORNIA POLYTECHNIC SCHOOL. 79 TITLE 69. CALIFORNIA POLYTECHNIC SCHOOL. ACT 504. An act to establish the California polytechnic school in the county of San Luis Obispo, and making an appro- priation therefor. [Approved March 8, 1901; Stats. 1901, 115.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. There is hereby established in the county of San Luis Obispo, at or near the city of San Luis Obispo, a school to be known as the California polytechnic school. The purpose of this school is to furnish to young people of both sexes mental and manual training in the arts and sciences, including agriculture, mechanics, engineering, business methods, domestic economy, and such other branches as will fit the students for the non-professional walks of life. This act shall be liberally construed, to the end that the school established hereby may at all times contribute to the industrial welfare of the state of Cali- fornia. Sec. 2. Within thirty days after this act goes into effect the governor shall appoint five persons, who, with the governor, and superintendent of public instruction, shall constitute the board of trustees of said school. Sec. 3. The said trustees, as provided for in section two of this act, are hereby appointed and created trustees of said California polytechnic school, with full power and authority to select a site for the permanent location of said school. Said trustees shall, within ninety days after the passage of this act, examine the different sites offered by the people of San Luis Obispo County for the location of said school; and the site selected by them shall be and remain the permanent site for said school. But no money shall be expended for or on said site, until a deed in fee simple has been made for land so selected to the state of California. Sec. 4. The term of office of the trustees shall be four years, except that, in appointing the first board of trus- tees, the governor shall appoint two members for one year, one for two years, one for three years, and one for four years. They shall be governed and regulated by the 80 CALIFORNIA REDWOOD PARK— CALIFORNIA STATUTES. laws governing and regulating the normal schools of this state, in so far as the same are applicable to an institution of this kind. Sec. 5. The sum of fifty thousand dollars is hereby ap- propriated out of any moneys belonging to the state not otherwise appropriated, for the purchase of a site, the construction and furnishing of the necessary buildings, and the maintenance of said school. Sec. 6. The controller of the state is hereby authorized to draw warrants from time to time, as the work shall progress, in favor of said board of trustees, upon their requisition for the same, and the state treasurer is di- rected to pay the same. Sec. 7. The moneys hereby appropriated shall be ex- pended under the direction of the said board of trustees. Sec. 8. This act shall take effect and be in force from and after January first, nineteen hundred and two. TITLE 70. CALIFORNIA REDWOOD PARK. ACT 509. Providing for the creation and management of the Cali- fornia Redwood Park, making an appropriation there- for, and creating a board of five commissioners, with power to make purchases, and to manage said Cali- fornia Redwood Park. [Approved March 16, 1901; Stats. 1901, 517.] ACT 510. To provide for the preservation, improvement and main- tenance of the "California Redwood Park" in Santa Cruz County, and making an appropriation therefor. [Approved March 25, 1903; Stats. 1903, 424.] TITLE 71. CALIFORNIA STATUTES, INDEX TO. ACT 515. Authorizing the superintendent of state printing to have prepared and printed an index to all the laws of Cali- fornia, 1850-1893. [Approved March 11, 1893; Stats. 1893, p. 150.] This act provided for the compiling, printing, and distribution of a complete index to the California statutes. CALIFORNIA VOLUNTEERS— CAPITOL. 81 TITLE 72. CALIFORNIA VOLUNTEERS. ACT 520. To provide for the revision of the records of the California volunteers, to authorize the adjutant-general to em- ploy additional clerks for that purpose, and to author- ize the superintendent of state printing to print, bind and issue the same. [Stats. 1889, p. 228.] TITLE 73. CANAL CORPORATIONS. ACT 525. Authorizing incorporation of canal companies, and the construction of canals. [Stats. 1862, p. 540.] Amended 1865-6, 53, 604, 786; 1867-8, 134. See note to act 632, post. ACT 526. Authorizing incorporation of canal companies, and provid- ing for the construction of ditches and canals. [Stats. 18G9-70, p. 660.] "Supplemented 1871-2, 732, but repealed, except as to pre- existing corporations, by sec. 288, Civ. Code." — Code Commissioners' note. See note to act 632, post. TITLE 74. ACT 531. CANALS. To develop agricultural interests and aid the construction of a canal in Colusa, Solano, and Yolo counties. [Stats. 1865-6, p. 451.] [ TITLE 75. ACT 536. CAPITOL. To prohibit the sale of intoxicating liquors in the state capitol. [Stats. 1880, p. 80.] ACT 537. Fixing the salary of the janitor of the state capitol build- ing, defining his duties and making an appropriation therefor. [Stats. 1893, p. 46.] 82 CEMETERIES. ACT 538. Authorizing the construction and maintenance of drinking fountains in the state capitol grounds. LStats. 1901, p. 298.] TITLE 76. ACT 543. CEMETERIES. To protect the bodies of deceased persons and public graveyards. [Stats. 1854, 20.] Superseded by Penal Code, sees. 290-297. ACT 544. Providing for the removal of human remains from ceme- teries in cities having a population of more than five thousand and not exceeding one hundred thousand. [Approved March 23, 1S93; Stats. 1893, 234. Amended 1895, 157.] 1. The city council of any city in this state having a population of more than fifteen hundred and not ex- ceeding one hundred thousand, may, by ordinance duly passed, and under such lawful rules and regulations which it may adopt, provide for the exhuming, taking up, and removal from cemeteries within the boundary lines of such city, or from cemeteries owned and con- trolled by such city that may have been located without Its boundaries (and in which such cemeteries no inter- ments of human remains have been made for a period of not less than two years), of all the human remains in- terred in such cemeteries. [Amendment approved March 26, 1895; Stats. 1895, 157.] ACT 545. An act to protect public health from infection caused by exhumation and removal of the remains of deceased persons. [Approved April 1, 1878; Stats. 1877-8, 1050. Amended 1889, 139.] Disinterring of bodies unlawful without permit. Section 1. It shall be unlawful to disinter or exhume from a grave, vault, or other burial place, the body or re- CEMETERIES. 83 mains of any deceased person, unless the person or per- sons so doing shall first obtain, from the board of health, health officer, mayor, or other head of the municipal gov- ernment of the city, town, or city and county where tlie same are deposited, a pei'mit for said purpose. Nor shall such body or remains disinterred, exhumed, or taken from any grave, vault, or otlier place of burial or deposit, be removed or transported in or through the streets or high- ways of any city, town, or city and county, unless the per- son or persons removing or transporting such body or remains shall first obtain, from the board of health or health officer (if such board or officer there be), and from the mayor or other head of the municipal government of the city or town, or city and county, a permit, in writ- ing, so to remove or transport such body or remains in and through such streets and highways. Permits granted upon what. Sec. 2. Permits to disinter or exhume the bodies or remains of deceased persons, as in the last section, may be granted, provided the person applying therefor shall produce a certificate from the coroner, the physician who attended such deceased person, or other physician in good standing cognizant of the facts, which certificate shall state the cause of death or disease of 'which the person died, and also the age and sex of such deceased; pro- vided further, that the body or remains of deceased shall be inclosed in a metallic case or coffin, sealed in such manner as to prevent, as far as practicable, any noxious or offensive odor or effluvia escaping therefrom, and that such case or coffin contains the body or remains of but one person, except where infant children of the same parent or parents, or parent and children, are contained in such case or coffin. And the permit shall contain the above conditions and the words: "Permit to remove and transport the body of , age , sex ," and the name, age, and sex shall be written therein. The officer of the municipal government of the city or town, or city and county, granting such permit, shall require to be paid for each permit the sum of ten dollars, to be kept as a separate fund by the treasurer, and which shall be used in defraying expenses of and in respect to such permits, and for the inspection of the metallic cases, 84 CEMETERIES. coffins, and inclosing boxes herein required; and an ac- count of such moneys shall be embraced in the accounts and statements of the treasurer having the custody thereof. Misdemeanor. Sec. 3. Any person or persons •vrho shall disinter, ex- hume, or remove, or cause to be disinterred, exhtmied, or removed, from a grave, vault, or other receptacle or btirial-piace, the body or remains of a deceased person, without a permit therefor, shall be guilty of a misde- meanor and be punished by a fine not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than six months, or by both such fine and imprisonment. Nor shall it be lawful to receive such body, bones, or remains on any vehicle, car, barge, boat, ship, steamship, steamboat, or vessel for transportation in or fi'om this state, unless the permit to transport the same is first received, and is retained in evidence by the owner, driver, agent, super- intendent, or master of the vehicle, car, or vessel. Transportation of bodies exhumed without permit — Misde- meanor. Sec. 4. Any person or persons who shall move or trans- port, or cause to be moved or transported, on or through the streets or highways of any city or town, or city and county, of this state, the body or remains of a deceased person, which shall have been disinterred or exhumed without a permit, as described in section two of this act, shall be guilty of a misdemeanor, and be punishable as provided in section three of this act. Reward for information. Sec. -5. Any person who shall give information to se- cure the conviction of any person or persons for the violation of the provisions of this act shall be entitled to receive the siim of twenty-five dollars, to be paid from the fund collected from fines imposed and accruing under this act. Removal of remains of deceased persons. Sec. 6. Nothing in this act contained shall be taken to apply to the removal of the remains of deceased persons from one place of interment to another cemetery or place of interment within this state; provided, that no permit CEMETERY CORPORATIONS— CENSUS. 85 shall be issued for the disinterment or removal ot any- body, unless such body has been buried for one year or more, without the written consent of the mayor, chair- man of the board of supervisors, or city council of any municipality of the state. [Amendment approved March 13, 1889; Stats. 1889, 139. In effect immediately.] Sec. 7. This act shall take effect and be in force from the thirtieth day after its passage and approval. TITLE 77. CEMETERY CORPORATIONS. ACT 549. Authorizing incorporation of rural cemetery associations. [Stats. 1859, p. 281.] Amended 1863-4. 12; 1891, 264; 1899, 36. Cal.Rep.Cit. 115, 373. See note to act 632, post. ACT 550. To provide the manner of execution of deeds by ceme- tery corporations. [Stats. 1895, p. 75.] This act appears in full in Civil Code, Appendix, p. 710. TITLE 78. ACT 555. CENSUS. An act to authorize any city, or city and county of this state to take its census. [Stat, approved February 25, 1897; Stats. 1897, 28.] Cal.Rep.Cit. 123, 85. Section 1. The council, or other legislative body of any- city in this state, and the board of supervisors, or other legislative body of any city and county of this state, is hereby authorized, whenever said council, board of super- visors, or other legislative body, may deem it necessary, between the years of taking the federal census, to take the census of such city, or city and county, in the manner prescribed by section two of this act. Sec. 2. Said council, board of supervisors, or other legislative body of any city, or city and county of this ■ state electing to take a census, as in this act provided for, shall pass a resolution of intention declaring its inten- 86 CENTRAL PACIFIC RAILROAD COMPANY. tion to cause such census to be taken by one or more suit- able persons appointed therefor by such council, board of supervisors, or other legislative body, at the expense of said city or cities desiring such census taken, and such census shall, by such persons so appointed, be taken of all the inhabitants of such city, or city and county, and in said census the full name of each person shall be plainly written and the names alphabetically arranged and regu- larly numbered in one complete series, and when com- pleted shall be verified before any officer authorized to ad- minister oaths, and be filed with the clerk of such city, or city and county. Sec. 3. A certified copy of such census shall be pre- pared by said clerk after being so filed, and shall be filed by him with the secretary of state for this state, and thereupon the same shall be known and be the official state census of said city, or city and county. Sec. 4. This act shall take effect and be in force from and after its passage. TITLE 79. CENTRAL PACIFIC RAILROAD COMPANY. ACT 560. Authorizing relocation of route of. [Stats. 1863, p. 320.] ACT .5«1. To aid construction of, and to secure the use of the same to this state for military and other purposes. [Stats. 1863-4, p. 344.] Cal.Rep.Cit. 66, 39 ; 70, 176. ACT .562. To aid in carrying out the provisions of the Pacific rail- road and telegraph act of congress. [Stats. 18G3-4, p. 471.] Cal.Rep.Cit. 71, 86. AC"T 5C3. For relief of. [Stats. 1871-2, p. 432.] This act validated the certificate of incorporation of the San Joaquin Valley Railroad, which consolidated with other railroads under the uame of the Central Pacific Railroad. CHAMBERS OP COMMERCE— CHARITIES. 87 TITLE 80. CHAMBERS OF COMMERCE. ACT 568. To provide for the formation of cliambers of commerce, boards of trade, mechanics' institutes, and other kindred protective associations. [Stats. 1865-6, 469.] Amended 1867-8, 5; 1885, 76. See note to act 632, post. This act appears in full in Civil Code, Appendix, p, 689. TITLE 81. CHARITIES AND CORRECTIONS. ACT 573. An act to create a state board of charities and corrections, prescribing its duties and powers, and appropriating money therefor. [Approved March 25, 1903; Stats. 1903, 482.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. A state board of charities and corrections is hereby created of six members, to be appointed Dy the governor, with the advice and consent of the senate, not more than three of whom shall be of the same political party. Such members shall hold office for the period of twelve years and until their successors are appointed and qualified; provided, that the members of the first board appointed under this act shall, at their first meeting, so classify themselves by lot that two of them shall go out of office at the end of four years, two at the end of eight years, and two at the end of twelve years, and an entry of such classification shall be made in the minutes of said board, and a duplicate thereof shall be filed in the office of the secretary of state. Women may be appointed mem- bers of said board, or hold any position in the appointment of said board. No person shall be appointed a member, or continue to act as such, while he is a trustee, manager, director, or other administrative oflicer of an institution subject to the terms of this act. Appointments to fill vacancies before the expiration of such terms, shall be made for the residue of terms in the same manner as original appointments. The governor shall be ex-officio a member of said board. 88 CHARITIES AND CORRECTIONS. Sec. 2. The members shall act without compensation, but shall be allowed their actual necessary expenses. The said board may appoint a secretary, who shall receive such salary as may be determined by said board, not to exceed twenty-four hundred (§2400) dollars per annum. All the expenses of said board, including the salary of the secretary, shall not exceed the sum of six thousand ($6,000) dollars in any one iiscal year, and said sum of six thousand ($6,000) dollars is hereby appropriated an- nually therefor out of any moneys in the treasury not otherwise appropriated. The secretary of said board shall execute a bond in the sum of five thousand (?5,000) dollars, and take the oath of ofSce prescribed by the Political Code for the executive officers of this state. Tne board shall provide itself with an office in the city and county of San Francisco. Meetings of the board may be held at such times and in such places in the state of California as said board may deem fit. It may make such rules and orders for the regulation of its own proceedings as it may deem necessary, and may fix the number of members necessary to constitute a quorum. The failure of a mem- ber to attend three consecutive meetings of said board during any calendar year, unless excused by formal vote of the board, may be construed by the governor as a resignation of said non-attending member. Sec. 3. The board is hereby empowered and authorized, and it shall be its duty as a whole, or by committee, or by its secretary, to investigate, examine, and make reports upon the charitable, correctional, and penal institutions of the state, including the state hospitals for the insane, of the counties, cities and counties, cities and towns of the state, and such public officers as are in any way responsible for the administration of public funds used for the relief or maintenance of the poor in public insti- tutions or of any of the inmates of said institutions. All the persons or officers in charge of or connected with such public institutions or with the administration of said funds are hereby required to furnish to the board or its committee or secretary such information and statis- tics as they may request or require, and allow said board, committee or secretary free access to all departments of such institutions and to all of their records. In order to secure accuracy, uniformity and completeness in such CHARITIES AND CORRECTIONS. 89 Statistics and information, the board may prescribe such, forms of report and records by the state commission iu lunacy regarding the state hospitals for the insane and by such other officers, boards or institutions as it may deem necessary and also such forms of registration at all public institutions referred to in this section as it may require. The state commission in lunacy on behalf of the institutions under its charge and the officers of all other institutions, and all officers, in any way respon- sible for public funds used for the relief of the poor or the maintenance of any inmates of said public institutions, are hereby required to follow such forms, records and registration so prescribed; provided, that the intent of this law is that so far as possible, the board shall make use of the forms of report, record and registration now obtaining in the state commission of lunacy and other state boards and institutions. All plans of new buildings, or parts of buildings for any of the public institutions coming under the provisions of this act, or any additions or alterations in such buildings, shall, before their adop- tion by the proper officials, be submitted to the ooard for suggestions and criticism. Sec. 4. The board shall have the power to issue com- pulsory process to compel the attendance of any witness before said board or any member thereof, and to require the production of such books or papers relating to any public institution mentioned in section 3 of this act as they may deem necessary; provided, that no witness shall be required to attend befoi-e said board out of the county in which he resides. Any member of said board shall have power, and he is hereby authorized to adminis- ter an oath to any and all witnesses coming before said board, or any member thereof, for examination, and to examine such witness or witnesses in reference to any matter relating to public institutions mentioned in section 3 of this act appertaining to the inquiry before the board, or said member. Disobedience of a subpcBna issued by said board, or refusal to be sworn, or to answer, shall subject such person disobeying or refusing to a forfeiture of one hundred dollars, to be recovered in a civil action brought in a court of competent jurisdiction by said board in its name as plaintiff, the money recovered to oe appro- priated to the use of said board. 90 CHEESE. Sec. 5. No provision in this act contained shall in any way be construed as preventing the governor of this state from making a plenary investigation in reference to the conduct of any public institutions under the terms of any act of the legislature of this state. Furthermore, the governor may at any time' order an investigation by tha board, or by a committee of its members, of the manage- ment of the above-named institutions, or any thereof. Sec. 6. Three months prior to each regular session ol the legislature, the board shall make a full and complete report to the governor of all its transactions during the preceding two years, showing fully and in detail all ex- penses incurred and moneys paid out by it, and giving a list of all officers and agents employed, and the actual condition of all institutions under its supervision, with such suggestions as it may deem necessary and pertinent, and with recommendations for legislative and executive action. Sec. 7. The provisions of this act shall not apply to the Veterans' Home of California, located at Yountville, Napa County, nor to the Woman's Relief Corps Home at Evergreen, Santa Clara County. Sec. 8. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 9. This act shall be in force and take effect from and after its passage. TITLE 82. ACT 578. CHEESE. An act defining the different grades of cheese and for branding the same, manufactured in the state of California. [Stat, approved March 4, 1897; Stats. 1897, 69.] Section 1. Every person or persons, firm or corpora- tion, who shall at any creamery, cheese factory, or private dairy, manufacture cheese in the state of California, shall, at the place of manufacture, brand distinctly, and durably on the bandage of each and every cheese manufactured, and upon the package or box when shipped, the grade of cheese manufactured, as follows: "California full-cream CHEESE. 91 cheese," "California half-skim cheese," and "California skim cheese." Sec. 2. All brands for branding the different grades of cheese shall be procured from the state dairy bureau, and said bureau is hereby directed and authorized to issue to all persons, firms, or corporations, upon applica- tion therefor, uniform brands, consecutively numbered, of the different grades specified in section one of this act. The state dairy bureau shall keep a record of each and every brand issued, and the name and location of the manufacturer receiving the same. No manufacturer of cheese in the state of California, other than the one to whom such brand is issued, shall use the same, and in case of a change of location, the party shall notify the bureau of such change. Sec. 3. The different grades of cheese are hereby de- fined as follows: Such cheese only as shall have been manufactured from pure milk, and from which no portion of the butter fat has been removed by skimming or other process, and having not less than thirty per cent of butter fat, shall be branded as 'California full-cream cheese"; and such cheese only as shall be made from pure milk, and having not less than fifteen per cent of butter fat, shall be branded '"California half-skim cheese"; and such cheese only as shall be made from pure skim-milk shall be branded "California skim cheese"; provided, that noth- ing in this section shall be construed to apply to "Edam," "Brickstein," "Pineapple," "Limburger," "Swiss," or hand- made cheese, not made by the ordinary Cheddar process. Sec. 4. No person or persons, firms or corporations, ehall sell, or offer for sale, any cheese, manufactured in the state of California, not branded by an official brand and of the grade defined in section three of this act. Sec. 5. Whoever shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished for the first offense by a fine of not less than twenty-five dollars ($25) nor more than fifty dollai's ($50), or by imprisonment in the county jail for not exceeding twenty-five days; and for each subsequent offense by a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100), or by imprisonment in the county jail not less than fifty days nor more than one hundred days, or by both 92 CHICO— CHINESE. such fine and imprisonment, at tlie discretion of the court. Sec. 6. All acts or parts of acts inconsistent with this act are hereby repealed. Sec. 7. This act shall take effect sixty days after its passage. TITLE 83. ACT 5S3. CHICO. Statute incorporating. [Stats. 1871-2, p. 11.] Amended 1871-2, 248. Amended and supplemented 1873-4, 213. Further amendments and supplemental matters, 1875-6, 22 ; 1877-8, 456; 1887, 63. Superseded by Incorporating, in 1S95, under Mu- nicipal Government Act of 1883. TITLE 84. ACT 5SS. CHINESE. To prevent the further immigration of Chinese or Mon- golians to this state. [Stats. 1858, 295.] This act does not appear to have been passed on by the supreme court, although it is undoubtedly unconstitutional. Lender any cir- cumstances the penal portion of it is superseded by the Penal Code, sec. 6. ACT 589. To protect free white labor from competition with Chinese labor and to discourage the immigration of Chinese. [Stats. 1862, 462.] This act imposed a police tax on Chinese. It was declared unconstitutional in Lin Sing v. Washburn, 20 Cal. 534. ACT 590. To prohibit the coming of Chinese into the state, whether the subjects of the Chinese empire or not, and to pro- vide for registration and certificates of residence and determine the status of all Chinese persons now resi- dent of this state, and fixing penalties and punish- ments for violation of this act, and providing for deportation of criminals. [Stats. 1891, p. 185.] Unconstitutional. (Ex parte Ah Cue, 101 Cal. 197.) ACT 591. To prevent the importation of Chinese criminals and to prevent the establishment of coolie slavery. [Stats. 1869-70, 332.] CITY ATTORNEY— CIVIL RIGHTS. 93 ACT 582. To prevent the kidnaping and importation of Mongolian, Chinese and Japanese females for criminal or de- moralizing purposes. [Stats. 1869-70, 330.] Superseded by Penal Code, sec. 174. Cal.Rep.Cit. 64, 236. ACT 593. For the suppression of Chinese houses of ill-fame. [Stats. 1865-6, 641. Amended 1873-4, 84.] Continued In force by Political Code, sec. 19 : Penal Code, sec. 23. ACT 594. To provide for the removal of Chinese outside the limits of cities and towns. [Stats. 1880, p. 22.] Probably unconstitutional. TITLE 85. ACT 599. CITY ATTORNEY. To provide for furnishing assistants to city and city and county attorneys in every city, or city and county hav- ing a population of one hundred thousand or over, and providing for their mode of appointment and com- pensation. [Stats. 1891, p. 95.] Superseded as to San Francisco by chap. 2 of art. V of- its charter. i TITLE 86. ACT 604. CIVIL RIGHTS. Making it unlawful to refuse admission to places of amuse- ment. [Stats. 1893 p. 220.] ACT 605. An act to protect all citizens in their civil and legal rights. [Stat, approved March 13, 1897; Stats. 1897, 137.] Cal.Rep.Cit. 119, 602. Section 1. That all citizens within the jurisdiction of this state shall be entitled to the full and equal accommo- dations, advantages, facilities, and privileges of inns, restaurants, hotels, eating-houses, barber-shops, bath- houses, theaters, skating-rinks, and all other places of 94 CLEAR LAKE— COAST SURVEY. public accommodation or amusement, subject only to the conditions and limitations established by law and ap- plicable alike to all citizens. Sec. 2. Whoever shall violate any of the provisions of the foregoing section, by denying to any citizen, except for reasons applicable alike to every race or color, and regardless of race or color, the full accommodations, advantages, facilities, and privileges in said section enum- erated, or by aiding or inciting such denial, or whoever shall make any discrimination, distinction, or restriction on account of color or race, or except for good cause, applicable alike to all citizens of every color or race whatever, in respect to the admission of any citizen to, or his treatment in, any inn, restaurant, hotel, eating- house, barber-shop, bath-house, theater, skating-rink, or other public place of amusement or accommodation, whether such place be licensed or not, or whoever aids or incites such discrimination, distinction, or restriction, shall, for each and every such offense, shall be liable in damages in an amount not less than fifty dollars, which may be re- covered in an action at law brought for that purpose. Sec. 3. All laws or parts of laws in conflict with this law are hereby repealed. TITLE 87. ACT 607. CLEAR LAKE. Clear Lake, in Lake County, declared navigable. [Stats. 1877-8, p. 630.] See Political Code, sec. 2349, from which this lake is omitted, and this statute, apparently, thereby repealed. TITLE 88. ACT 612. CLOVERDALE. Incorporating. [Stats. 1871-2, p. 164.] Amended 1871-2, 550 ; 1875-6, 171. Superseded by incorporat- ing under Municipal Government Act of 1883. TITLE 89. ACT 617. COAST SURVEY. To authorize persons engaged in the U. S. coast survey to enter upon lands within the state; to protect the CODES— COLLEGES. 95 operations of the same from injury and molestation, and to ascertain the mode of assessing damages and to punish offenders. [Stats. 1852, p. 147.] TITLE 90. ACT 622. CODES. To create and establish a commission for revising, systematizing, and reforming the laws of this state, and for the appointment of the members of said com- mission, to be known as "The commissioners for the revision and reform of the law," and to prescribe their powers and duties; and to authorize the appointment of a secretary and stenographer therefor; and to provide for the compensation and expenses of said commission, secretary, and stenographer, and to ap- propriate money therefor. [Approved March 28, 1895; Stats. 1895, 345. In effect immediately.] Amended 1903, 479. TITLE 91. ACT 627 COLLEGE CITY. College City, Colusa County, prohibiting sale of intoxi- cating liquors within one mile of. [Stats. 1875-6, p. 691.] TITLE 92. ACT C?** v./vJi-^JLjIl,CxliiO. To provide for the incorporation of colleges. [Stats. 1850, p. 273.] Amended 1855, 110; 1867-8, 69, 218; 1869-70, 419; 1873-4, 85. Supp. 1863, 775; 1871-2, 10. Cal.Rep.Cit. 49, 461. "This and other acts relating to corporations were repealed by sees. 288, 649 et seq.. Civil Code, except that corporations pre- existing the code remain subject to the laws under which they were lormed, but new corporations cannot be created under such laws, (Murphy v. Pacific Bank, 119 Cal. 334), and we apprehend that all -amendments to them made after the enactments of the codes were invalid, or at least not applicable to any corporation formed after the adoption of that code, because they were to acts which had already been repealed."— Code Commissioners' note. 96 COLOMA— COLUSA COUNTY. ACT 633. Providing for the incorporation of institutions of learning, science, and art. [Stats. 1S67-8, p. 204. J Repealed, sec. 288, Civ. Code. See note to act 632, ante. ACT 634. Expressing assent of the state of California to the act of congress, approved August thirtieth, eighteen hundred and ninety, entitled "An act to apply a por- tion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, estab- lished under the provisions of an act of congress, approved July second, eighteen hundred and sixty- two," and to the purposes of the grants of moneys authorized thereby, and to all the provisions thereof. [Approved March 31, 1891. Stats. 1891, p. 458.] The object of the act sufficiently appears from the title. TITLE 93. ACT 639. COLOMA. Incorporating Coloma. [Stats. 1858, p. 207. TITLE 94. ACT 640. COLTON HALL. To provide for the appointment of a board of Colton Hall trustees, and for the leasing of the Colton Hall property, and providing for an appropriation for the preservation, protection, and improvement of said property. [Approved March 25, 1903. Stats. 1903, 435.] TITLE 95. ACT 645. COLUSA COUNTY. Protecting agriculture and preventing trespassing of animals. [Stats. 1871-2, p. 685.] Amended 1873-4, 760. Modified, if not repealed, by the estr&y law, 1897, 198; 1901, 603, chap. CXCVII. COLUSA COUNTY. 97 ACT 646. To develop agricultural interests and aid the construction of a canal in Colusa, Solano, and Yolo counties. [Stats. 1865-6, 451.] ACT 647. ' "'"'''•i' Approval of official bonds. [Stats. 1877-8, p. 77.] Repealed 1877-8, 113. ACT 64S. Fixing amount of official bonds in. [Stats. 1877-8, p. 569.] Repealed by County Government Act, 1897, 475, sec. 66. ACT 649. To provide for the drainage of certain lands in the coun- ties of Colusa and Yolo. [Stats. 1877-8, p. 1037.] ACT 650. Partition fences in. [Stats. 1875-6, p. 207.] ACT 651. Fees of office and salaries of certain officers, regulating and repealing prior acts. [Stats. 1873-4, p. 873.] Repealed by the fee bill of 1895, 267, and by County Govern- ment Act, 1897, 452. ACT 6§2. Fees and salaries of officers of. [Stats. 1877-8, p. 36.] Repealed as to salary by County Government Act, 1897, 555, sec. 196, and by fee bill of 1895, 267, as to the fees of the officers therein named. ACT G53. Additional tax for judges' and district attorneys' salary- fund. [Stats. 1871-2, p. 98.] Probably rendered inoperative by the constitution, which abol- ished the office of county judge. ACT 654. Justices of the peace in. [Stats. 1877-8, p. 782.] Repealed by fee bill of 1895, 272. ACT 655. Public roads in. [Stats. 1871-2, p. 826.] Repealed 1883, 5, chap. X, sec. 2. ACT 656. Yolo and Colusa counties, public road along boundary line between, establishing. [Stats. 1873-4, p. 213.] Gen. Lavtrs — 5 98 COLUSA, TOWN OF— COMMISSIONERS IN EQUITY. ACT 657. Establishing, maintaining and protecting public and pri- vate roads in. [Stats. 1873-4, p. 621.] Amended 1875-6, 401, 481; 1877-8, 327. Repealed 1883, 5,' chap. X, sec. 2. ACT 65S. Additional powers of supervisors. [Stats. 1877-8, p. 563.] Repealed by County Government Act, 1897, 452. ACT 659. To confer certain powers on supervisors of. [Stats. 1877-8, p. 567.] Repealed by County Government Act, 1897, 452. ACT 660. Quieting title to certain lands in. [Stats. 1873-4, p. 818.] This act released to the United States government lands sold to actual settlers by the United States. TITLE 96. COLUSA, TOWN OF. ACT 665. Incorporating. [Stats. 1875-6, p. 66y.] Amended 1877-8, 248. ACT 666. Issuance of bonds for road purposes. [Stats. 1877-8, p. 369.] Amended 1880, 9. COMMERCE. See title Chambers of Commerce. TITLE 97. COMMISSIONERS IN EQUITY. ACT 671. For the appointment of commissioners in equity. [Stats. 1801, p. 183.] Repealed by Political Code and Code of Civil Procedure. This act provided for the appointment of commissioners In equity to take testimony in equity cases. COMMISSIONERS OF TRANSPORTATION— CONSPIRACY. 99 TITLE 98. COMMISSIONERS OF TRANSPORTATION. ACT 676. To create the office of commissioner of transportation, etc. [Stats. 1877-8, p. 969.] The code commissioners of 1901 say this act was repealed by the constitution of 1879. See, however. Dyer v. Placer County, 90 Cal. 276, 278; Giesecke v. San Joaquin County. 109 Cal. 489. TITLE 99. ACT 6S1. COMMON LAW. Adopting the common law. [Stats. 1850, 219.] Re-enacted in Political Code, sec. 4468. Cal.Rep.Cit. 42, 167; 69, 337; 69, 379; 69. 380; 83, 518. TITLE 100. ACT 6S6. CONGRESS. To divide the state of California into congressional dis-' tricts. [Approved March 11, 1891. Stats. 1891, p. 84.] Cal.Rep.Cit. 125, 624. This act was superseded by the following act. ACT 687. To divide the state into congressional districts, and pro- vide for the election of members of the house of representatives of the United States therein. [Ap- proved March 23, 1901. Stats. 1901, 548.] TITLE 101. ACT 092. CONSPIRACY. To limit the meaaing of the word "conspiracy," and also the use of "restraining orders" and "injunctions," fc as applied to disputes between employers and em- ■ ployees in the state of California. [Approved March I 20, 1903. Stats. 1903, 289.] P This act is set out in full in the Appendix to the Penal Code, ■p. 581. ACT 693. Making a conspiracy to commit any crime against the person of, or an attempt to kill or commit any assault upon, the president or vice-president of the 100 CONSTABLES— CONTRA COSTA COUNTY. United States, the governor of any state or territory, any United States justice or judge, or the secretary of any executive department of the United States, a felony; and providing a penalty therefor. [Approved February 28, 1903. Stats. 1903, 58.] This act is set out in full in the Appendix to the Penal Code, p. 582. TITLE 102. ACT 69S. CONSTABLES. Constables, legalizing official acts of certain. [Stats. 1873- 4, p. 700.] This act validated the acts of constables elected between the first Monday of January and the first Monday of March, 1874. TITLE 103. ACT 703. CONSTITUTION. Recommending to electors to vote for or against a con- vention to revise and change the constitution. [Stats. 1873-4, 732.] ACT 704. To provide for a convention to frame a new constitution for the state of California. [Approved March 30, 1878; 1877-8, 759.] ACT 705. To provide for the submission of amendments to the constitution. [Stats. 1883, p. 53.] Repealed 1899, 24. Cal.Rep.Cit. 69, 488; 102, 125; 126, 410; 130, 91. The section in the repealing act purporting to re-enact the first section of the act of 1883 is unconstitutional. (People ex rel. Attorney-General v. Curry, 130 Cal. 83. TITLE 104. CONTRA COSTA COUNTY. ACT 710. Assessors of, compensation of for collection of personal property taxes. [Stats. 1875-6, p. 529.] Superseded by the County Government Act, 1897, 536, sec. 183. CONTRA COSTA COUNTY. 101 ACT 711. Fences in. [Stats. 1858, p. 40.] Supplemented 1861, 277. ACT 712. Fences in. [Stats. 1861, p. 277.] Supplementing statute of 1S5S. ACT 713. Justices of the peace in, fees of. [Stats. 1877-8 p. 269.] Repealed by fee bill of 1895, 272. ACT 714. Fees of office and compensation of officers. [Stats. 1875-6, p. 84.] Repealed by fee bill of 1895, 267, as to officers therein named. ACT 715. Salaries and compensation of officers of. [Stats. 1875-6, p. 91.] Repealed by County Government Act, 1897, 536, sec. 183. ACT 716. To provide for the appointment of three additional notaries public for. [Stats. 1871-2, 46.] Superseded by Political Code, sec. 791. ACT 717. Public administrator authorized to act as coroner. [Stats. 1871-2, p. 170.] Probably repealed by County Government Act, 1897, 473, sec. 55. ACT 718. Concerning bonds of public administrator. [Stats. 1871-2, p. 183.] Superseded by County Government Act, 1897, 475, sec. 66. ACT 719. Roads and highways in. [Stats. 1871-2, p. 779.] Repealed 1873-4, 170. ACT 720. To repeal all special road laws in the county of Contra Costa. [Stats. 1873-4, 170.] ACT 721. Roads and highways in. [Stats. 1875-6, p. 237.] Amended 1877-8, 611, Repealed 1883, 5, chap. X, sec. 2. Cal.Rep.CJt. 67, 7S. 102 CONTROLLER— CONVICTS. ACT 722. Quieting title to certain salt-marsh and tide lands in. [Stats. 1873-4, p. 616.] ACT 723. Fixing bonds of sheriff of. [Stats. 1871-2, p. 158.] Superseded by County Government Act, 1897, 475, sec. 66. ACT 724. To provide for the extermination of squirrels in. [Stats. 1877-8, p. 815.] Superseded by subd. 26, sec. 25, County Government Act, 1897, 465. ACT 725. School moneys, distribution of. [Stats. 1877-8, p. 182.] Repealed by Political Code, sec. 1858, as amended 1893, 264. TITLE 105. ACT 730. CONTROLLER. Authorizing the appointment of an additional clerk by the controller. [Stats. 1895, p. 67.] Repealed 1899, 146. ACT 731. Creating the ofBce of expert to the controller and pre- scribing his compensation. [Stats. 1899, p. 146.] TITLE 106. ACT 736. CONVICTS. Concerning the payment of the costs and expenses of the trial of convicts for crimes committed in state prison and the payment of the costs of the trial of escaped convicts. [Stats. 1873-4, 43.] See act of ISSO, 43, post, title Costs. ACT 737. To prevent the importation of convicts into this state. [Stats. 1850, p. 202.] Superseded by Penal Code, sees. 173, 175. ACT 738. Providing for furnishing sheriffs and chiefs of police of certain information, description, and photographs of CO-OPERATIVE ASSOCIATIONS— CORONERS. 103 convicts about to be discharged by the wardens of state prisons. [Stats. 1897, 213.] In full in the Appendix to the Penal Code, p. 583. TITLE 107. CO-OPERATIVE ASSOCIATIONS. ACT 743. Defining and providing for the organization and govern- ment of co-operative business corporations. [Stats. 1877-8, p. 883.] Superseded by 1S95, 221. ACT 744. To provide for the incorporation, operation, and manage- ment of co-operative associations. [Stats. 1895, p. 221.] Cal.Rep.Cit. 137, 608. .This act appears in full in Civil Code, Appendix, p. 694. TITLE 108. ACT 749. CORONERS. Concerning the attendance of physicians and surgeons in certain cases and to provide payment for maliing chemical and post-mortem examinations. [Stats. 1871- 2, 81.] Cal.Rep.Cit. 60, 165. The code commissioners say that as to section one, superseded by County Government Act, 1897, 490, sec. 142. This act appears in full in the Penal Code, Appendix, p. 585. ACT 750. Concerning the payment of expenses of coroners' inquests in state's prison. [Stats. 1880, p. 43.] It is in full in the Penal Code, Appendix, p. 588. ACT 751. Providing for the appointment by the coroner in counties of the first class of a physician for the purpose of performing autopsies, and fixing their compensation. [Stats. 1895, p. 52.] In full in the Penal Code, Appendix, 583. 104 CORPORATIONS. A.CT 752. To provide for furnishing assistants to the coroner each city, or city and county having one hundr( thousand or more inhabitants, and providing the mo( in which such assistants shall be appointed and desi nated, and establishing the compensation and pr scribing the duties of such assistants. [Approve March 23, 1893. Stats. 1893, 190.] As to San Francisco, superseded by the charter. In full in the Penal Code, Appendix, p. 586. 'hGse salaries are hereby fixed at the sum of twelve hundred (?1,200) dollars per annum each; five deputies, whose salaries are hereby fixed at the sum of twelve hundred dollars per annum each, and a jail matron, whose salary is hereby fixed at six hundred dollars per annum; the under-sheriff, chief jailer, assistant jailers and five deputies herein provided for shall be appointed by the sheriff of said county, and the jail matron shall be appointed by the sheriff; provided, that for the period prior to twelve o'clock meridian on the first Monday after the first day of January, nineteen hundred and three, said matron shall be appointed by the board of supervisors, and as to said office and appoint- ment this subdivision shall take efrect immediately; and their salaries shall be paid Dy said county in equal monthly installments, at the same time and in the same manner and out of the same fund as the salary of the sheriff; provided, that in counties of this class the sheriff shall be allowed no compensation or profit for feeding prison- ers in the county jail, but that he shall file, monthly, with the county auditor, a verified statement, showing the names of persons and amounts paid to each for expense of feeding such prisoners, and the sheriff shall thereupon pay over to the county treasurer, for the use of the county, any difference between the amount allowed for such pur- pose by the supervisors and the amount actually expended by him therefor. The sheriff shall also receive the amount of money necessarily expended by him in serving all process and notices, and all expenses necessarily incurred by him in the pursuit of criminals within his county, and the same shall be a charge against the councy, and al- lowed as such by the board of supervisors, and paid as other county charges are paid. 3. The recorder four thousand dollars per annum; pro- vided, that in counties of this class there shall be and there hereby is allowed to the recorder the following deputies and copyists, who shall be appointed by the re- corder of said county, and shall be paid salaries and com- pensation as follows: One chief deputy, at a salary of 184 COUNTY GOVERNMENT. eighteen hundred dollars per annum; one index deputy whose salary is hereby fixed at fifteen hundred dollars per annum; two deputies, whose salaries are hereby fixed at the sum of twelve hundred dollars per annum each, and one mortgage deputy, whose salary is hereby fixed at twelve hundred dollars per annum; provided further, that the chief deputy, index deputy, two deputies, and one mortgage deputy herein provided for shall be appointed by the recorder of said county, and their salaries shall be paid by said county in equal monthly installments at the same time and in the same manner and out of the same fund as the salary of the recorder; provided further, that in counties of this class the recorder shall be entitled to the actual cost incurred by him for the recording of all papers and documents in his office not exceeding six and one half cents per folio for each paper or document so recorded; and provided further, that said recorder shall file monthly, with the county auditor, a verified statement, showing in detail the persons and the amounts paid to each for such recording. 4. The auditor, thirty-six hundred dollars per annum; provided, that in counties of this class there shall be and hereby is allowed to the auditor one chief deputy, who shall be appointed by the auditor of said county, and whose salary is hereby fixed at the sum of eighteen hun- dred dollars per annum; one deputy, who shall be ap- pointed by the auditor of such county, and whose salary is hereby fixed at the sum of twelve hundred dollars per annum; one clerk, whose salary is hereby fixed at the sum of nine hundred dollars per annum, and such addi- tional assistance as the auditor may appoint, and whose compensation shall not in the aggregate exceed the sum of five hundred dollars per annum; and provided, that the auditor shall file with the county clerk a verified state- ment, showing in detail the amounts paid, and the persons to whom said compensation is paid, for such extra assist- ance as aforesaid. The salaries herein provided for shall be paid by the said county in equal monthly installments, at the same time and in the same manner, and out of the same fund as the salary of the auditor. 5. The treasurer, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and hereby is allowed to the treasurer one chief COUNTY GOVERNMENT. 185 deputy, whose salary is hereby fixed at the sum of eigh- teen hundred dollars per annum, and one deputy, whose salary is hereby fixed at the sum of twelve hundred dollars per annum, which sums shall be paid by said county in equal monthly installments, at the same time, and in the same manner, and out of the same fund as the salary of the treasurer; provided, that the chief deputy and the deputy herein provided foi% shall be appointed by the treasurer of such counties. 6. The tax collector, three thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the tax collector one chief deputy, whose salary is hereby fixed at the sum of eigh- teen hundred dollars per annum, and two deputies, whose salaries are hereby fixed at the sum of twelve hundred dollars each per annum; provided further, that tnere shall be and there hereby is allowed to the tax collector one extra deputy for the month of April of each year, whose salary shall be one hundred dollars for such month, and three extra deputies for the month of July of each year, whose salaries shall be one hundred dollars each for such month, and five extra deputies for the month of August of each year, whose salaries shall be one hundred dollars each for such month, and six extra deputies for the month of September of each year, whose salaries shall be one hundred dollars each for such month, and seven extra deputies for the month of October of each year, whose salaries shall be one hundred dollars each for such month, and nine extra deputies for the month of November of each year, whose salaries shall be one hundred dollars each for such month; provided further, that the chief deputy, and all other deputies herein provided for, shall be appointed by the tax collector of said county, and the salaries of said chief deputy and all other deputies herein provided for shall be paid by said county, during the time which they shall hold office, as herein provided, at the same time and in the same manner and out of the same fund as the salary of the tax collector. 7. The license collector shail receive fifteen per cent of all licenses collected by him. 8. The assessor, four thousand dollars per annum; pro- vided, that in counties of this class there shall be and there hereby is allowed to the assessor the following 1S6 COUXTY GOVERXMEXT. deputies, who shall be appointed by the assessor and shall be paid salaries as follows: One chief deputy asses- sor, at eighteen hundred dollars per annum; one deputy assessor, at fifteen hundred dollars per annum; one mortgage deputy assessor, at twelve hundred dollars per annum, and one transfer deputy assessor, at a salary of twelve hundred dollars per annum; six field deputy as- sessors for not exceeding four months in any one year, at one hundred dollars each per month; seven outsiae field deputy assessors for not exceeding four months in any one year, at a salary of one hundred and twenty-five dol- lars each per month; one cashier for not exceeding six months in any one year, at a salary of one hundred and twenty-five dollars per month; eight copyists for not ex- ceeding four months in any one year, at a salary of one hundred dollars each per month; five extra deputy as- sessors for not exceeding four months in any one year, at a salary of one hundred dollars each per month, and such additional assistance as the assessor may appoint and whose compensation shall not in the aggregate exceed the sum of three thousand dollars per annum; and pro- vided, that the assessor shall file with the county auditor a verified statement showing in detail the amounts paid and the persons to whom such compensation is paid for such extra assistance, as aforesaid. The salaries herein provided for shall be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the assessor is paid; it is hereby further provided, that in counties of this class the assessor shall receive no commission for his collection of taxes on personal property, nor shall such assessor receive any compensation or commission for the collection of poll taxes or road poll taxes, nor shall the said assessor receive any compensation for making out the military roll of persons returned by him as subject to military duty as provided by section nineteen hundred and one of the Political Code; provided, however, that should the assessor be directed by any law, or by any order of the board of supervisors, or by any municipality within said counties of the third class, to prepare maps, plats, block books for the use of the county, or assessment rolls for the use of any municipality, then said assessor shall make such maps, plats, block books, or assessment COUNTY GOVERNMENT. 187 rolls but shall only receive the actual cost by him inciirred in making or preparing such maps, plats, block books, or assessment rolls; and provided further, that he shall file with the county auditor a sworn statement showing the persons to whom, and the amounts paid to each, for such maps, plats, block books, or any such assessment rolls, and that he shall account forthwith and pay over to the county any difference between such cost and the amount so allowed by him for such work. 9. The district attorney, four thousand dollars per an- num; provided, that wi counties of this class there shall be and there hereby is allowed to the district attorney one chief deputy district attorney, whose salary is hereby fixed at two thousand dollars per annum; three deputy district attorneys, whose salaries are hereby fixed at fif- teen hundred dollars per annum each, and one clerk, whose salary is hereby fixed at the sum of twelve hundred dollars per annum; provided further, that the chief deputy district attorney, and three deputy district attorneys, and clerk shall be appointed by the district attorney, and their salaries shall be paid by said county in equal monthly installments at the same time and in the same manner and out of the same fund as the salai"y of the district attorney. 10. The coroner, such fees as are now or may hereafter be allowed by law; provided, that the coroner shall be paid by such counties in the same manner and out of the same fund as such fees are now paid, the sum of tv\ro dollars for each certificate of the cause of death made by him. 11. The public administrator, such fees as are now or may hereafter be allowed by law. 12. The county superintendent of schools, three thou- sand dollars per annum; provided, that in counties of this class there shall be and hereby is allowed to the counfy superintendent of schools, one assistant superintendent of schools, and one deputy, who shall be appointed by the county superintendent of schools of said county and whose salaries shall be as follows: The salary of the assistant shall be one hundred dollars per month, that of the deputy shall be seventy-five dollars per month. These sal- aries shall be paid out of the same fund and in the same manner as the salary of the county superintendent of schools is paid. 1S8 COUNTY GOVERNMENT. 13. The siirve3^(rr shall receive ten dollars per day fi all work performeJ for the county, and in addition there all necessary expenses and transportation for work pe formed in the field; provided, that whenever the survey< is directed or charged to make, plat, trace, or otherwi; prepare maps, plats, or block books for the use of tt county, city and county, or any municipality within sue county, then such county surveyor shall only be allowe in addition to the actual cost and expense of makin platting, tracing, or otherwise preparing such maps, plat or block books, a compensation to be determined by tt board of supervisors, not exceeding the sum of ten dolla: per day while he is actually so employed; and provide further, that such county surveyor shall file with tt county auditor a sworn statement, showing in detail tt amounts so paid, and the persons to whom such amoun have been so paid for such expense as aforesaid. 14. Justices of the peace shall receive the followiB monthly salaries, to be paid each month, and in the sair manner and out of the same fund as other county officei are paid, which shall be in full for all services rendere by them in criminal cases: In townships having a popi lation of more than twenty-five thousand, two hunare and twenty-five dollars; in townships having a populatio of more than nineteen thousand and less than twenty-nv thousand, one hundred and thirty-five dollars; in township having a population of fifteen thousand and less than nin< teen thousand, one hundred and fifteen aollars; in towi ships having a population of one thousand and less tha fifteen thousand, seventy-five dollars. In addition to tti compensation received in criminal cases each justice the peace may receive and retain for his own use sue fees as are now or may hereafter be allowed by law fo all services performed by him in civil actions; provide* that in townships containing a population of more tna twenty-five thousand there shall be but one justice in an for such townships. Each justice of the peace must kee; a book, open for the inspection of the public, during offie hours, in which must be entered at once and in detail th amount of all fines collected by him in criminal cases and on the first Monday of each and every month h must pay such fines so collected into the county treasury or city treasury, as provided by law. COUNTY GOVERNMENT, 189 15. Constables shall receive the following monthly sal- aries, to be paid each month, and in the same manner and out of the same fund as other county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than twenty-five thousand, one hundred and fifty dollars; in townships having a population of more than nineteen thousand and less than twenty-five thousand, ninety dollars; in townships having a population of fifteen thousand and less than nineteen thousand, eighty dollars; in townships having a population of one thousand and less than fifteen thousand, eighty-five dollars; providea, that in townships having a population of fifteen thousand and less than nineteen thousand there shall be but one consta- ble. In addition to the compensation received in criminal cases each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil cases; pro- vided, that in counties of this class constables shall be and they are hereby allowed such expenses as are actually and necessarily incurred by them in conveying prisoners to and from the county jail; such expenses to be itemized and presented as a claim against the county and to be audited and allowed by the board of supervisors and paid out of the county treasury in the manner as are other claims. 16. Each supervisor, one hundred and twenty-five dollars per month, and mileage at ten cents per mile for each mile actually traveled in going to and from their residence to the county seat, or in the performance of the duties required of them by law or by virtue of their office; pro- vided, that in attending sessions of the board only four mileages shall be allowed for each month, and that the total mileage allowed shall not exceed one hundred dol- lars in any one month. 17. Each of the official reporters cf the superior court in counties of this class shall receive as full compensa- tion for taking notes in civil and criminal cases tried in said court, a monthly salary of one hundred and fifty ($150.00) dollars, payable out of the county treasury in the same manner and at the same time as salaries of county officers are paid. For transcription of said notes, when , required, he shall receive fifteen (ICc.) cents per folio; 190 COUNTY GOVERNMENT. provided, that when more than one copy is required he shall receive ten cents per folio for each copy. The com- pensation for tranr.cription in criminal cases shall be paid on the order of the court out of the county treasury. The fees for transcription in civil cases or proceedings shall be paid by the party ordering the same, or, when ordered by the judge, by either party, or by both parties, as the court may direct. When the services of the re- porter are required in any civil matter, the clerk snail collect for each day of trial five ($5.00) dollars, one half from each party, and shall pay the same into the county treasury. [Amendment approved March 19, 1903. Stats. 1903, p. 218; in effect immediately.] Sec. 161. In coimties of the fourth class the county cfEcers shall receive as compensation for the services required of them by law or by virtue of their office, the following salaries to wit: 1. The county clerk, nine thousand dollars per annum. 2. The sheriff, nine thousand five hundred and twenty dollars per annum; provided, that he shall receive as ad- ditional compensation the mileage collected by him in- criminal cases and all expenses incurred in criminal cases, and also his mileage for service of papers or process issued by any court of this state, and all fees for service of papers or process in actions arising outside of his county, and the said sheriff may appoint a matron for the county jail of his county which office of matron for the county jail is hereby created, and who shall receive as com- pensation the sum of seventy-five dollars per month, payable at the same time, and in the same manner as the salaries of other county officers. 3. The recorder, eight thousand dollars per annum; and the said recorder may appoint one chief deputy, which said office of chief deputy recorder is hereby created, who shall hold said office of chief deputy recorder for a period of four years from and after his appointment, and who shall receive as compensation the sum of twelve hundred dollars per annum, payable at the same time and in the same manner as the salaries of other county officers. 4. The auditor, four thousand dollars per annum. 5. The treasurer, four thousand dollars per annum. 6. The tax collector, seven thousand dollars per annum. 7. The license collector, who shall be appointed by the COUNTY GOVERNMENT. 191 board of supervisors, whose term of office sliall be for the period of four years, five per cent upon the whole amount of licenses collected by him. 8. The assessor, eight thousand seven hundred dollars per annum, and the said assessor may appoint one chief deputy assessor, and one draughtsman for the assessor, which said officers of chief deputy assessor and draughts- man for the assessor are hereby created, who shall hold said offices of chief deputy assessor and draughtsman for the assessor, respectively, for the period of four years from and after their several appointments, and who shall receive as compensation the sum of twelve hundred dollars each, per annum, payable at the same time and in the same manner as the salaries of other county officers. And the assessor may also appoint each year two temporary depu- ties, who shall serve as such during the months of March, April, May, and June, of the year for which they are appointed, which said offices of temporary deputy as- sessors are hereby created, who shall receive as com- pensation the sum of eighty dollars each, per month, during the four months which they shall serve as such deputies, payable at the same time and in the same manner as the salaries of other county officers. 9. The district attorney, three thousand two hundred dollars per annum; and the said district attorney may appoint one assistant district attorney and one deputy district attorney, which said offices of assistant district attorney and deputy district attorney are hereby created. The salary of such assistant district attorney is hereby fixed at eighteen hundred dollars per annum, and the salary of such deputy district attorney is hereby fixed at twelve hundred dollars per annum, such salaries to be paid at the same time and in the same manner as the salaries of other county officers. 10. The coroner, such fees as are now or may hereafter be allowed by law. 11. The public administrator, such fees as are now or may hereafter be allowed by law. 12. The superintendent of schools, tv/o thousand dol- lars per annum, and actual traveling expenses when visiting the schools of his county; and the said superin- tendent of schools may appoint one assistant superintend- ent of schools, which office of assistant superintendent of 192 COUNTY GOVERNMENT. schools is hereby created, who shall receive as compensa- tion the sum of nine hundred dollars per annum, payable at the same time and in the same manner as the salaries of other county ofBcers. 13. The county surveyor, the sum of two thousand four hundred dollars per annum; and said surveyor may ap- point one assistant surveyor, which said office of assist- ant surveyor is hereby created, who shall receive as com- pensation the sum of twelve hundred dollars per annum, payable at the same time and in the same manner as the salaries of other county officers. All fees now, or which may hereafter be, allowed by law, and which shall be earned by the county surveyor in the official discharge of his duties, shall be paid into the county treasury for the benefit of the county, accompanied with a sworn and itemized statement of such fees earned, on or before the first Monday of each month. 14. In counties of this class, justices of the peace shall receive the following salaries for all services rendered by them in criminal cases, payable monthly, in the same man- ner as the salaries of county officers are paid, viz: In town- ships having a population of twenty thousand or more, one hundred and fifty dollars per month; in townships having a population of four thousand and less than twenty thousand, one hundred and thirty-five dollars per month; in townships having a population of fifteen hundred and less than four thousand, sixty-five dollars per month; in townships having a population of one thousand and less than fifteen hundred, fifty dollars per month; in all town- ships having a population less than one thousand, thirty dollars per month; provided, that in townships having a population of twenty thousand or more, there shall be two justices of the peace in and for any such townships, and such justices shall be allowed a clerk, to be appointed by the board of supervisors at a salary of seventy-five dol- lars per month, payable monthly in the same manner as salaries of county officers are paid, and shall be furnished with offices and necessary supplies by the board of su- pervisors. All fees collected by justices of the peace in criminal cases, shall be by them monthly paid into the county treasury, accompanied by a sworn and itemized statement showing the amount of such fees, and all fees for civil cases collected by justices of townships with a less COUNTY GOVERNMENT. 193 population than five thousand inhabitants, shall likewise be paid into the county treasury. 15. Constables shall receive the following salaries for all services rendered by them in criminal cases, payable monthly, in the same manner as salaries of county officers are paid, viz: In townships having a population of twenty thousand or more, one hundred dollars per month; in town- ships having a population of four thousand and less than twenty thousand, seventy-five dollars per month; in town- ships having a population of fifteen hundred and less than four thousand, sixty dollars per month; in townships having a population of less than fifteen hundred, forty dollars per month. They shall be allowed all necessary expenses incurred in conveying prisoners, and such fees as are now or may be hereafter allowed in civil cases ex- cepting constables in townships having a population of less than five thousand inhabitants who shall not receive any fees. 16. Each supervisor, one thousand two hundred dollars per annum, and mileage at ten cents per mile for each mile actually traveled in going to and from their resi- dence to the county seat, or in performance of the duties required of them by law or by virtue of their office; pro- vided, that in attending sessions of the board only four mileages shall be allowed for each month, and that the total mileage allowed shall not exceed one hundred dol- lars In any one month; and in counties of this class the members of the board of supervisors shall be ex officio road commissioners, and as such road commissioner shall be paid the sum of five hundred dollars per annum each. [Amendment approved March 16, 1903; Stats. 1903, p. 168; in effect immediately.] Sec. 162. In counties of the fifth class the county offi- cers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, three thousand dollars per annum; he shall appoint one chief deputy, at a salary of fifteen hundred dollars per annum; one additional deputy, at a salary of twelve hundred dollars per annum, and three court-room clerks, at a salary of twelve hundred dollars each per annum. The salaries of each of said deputies and clerks to be paid out of the county treasury, in equal Gen. Laws— 9 194 COUNTY GOVERNilEXT. monthly installments, in the same manner and at the same time as other county officials are paid. 2. The sheriff, nine thousand dollars per annum, and one deputy sheriff, at a salary of one thousand five hun- dred dollars, to be paid at the same time and in the same manner as other county officers are paid, being the same deputy allowed sheriffs under and by virtue of section two hundred and sixteen of an act entitled "An act to establish a uniform system of county and township governments," approved March twenty-fourth, eighteen hundred and ninety -three, and such fees and mileage as are now or here- after may be provided by law for all services done or per- formed in actions coming from another county, and for all criminal service necessarily performed outside of his county, and all necessary expense incurred in arresting and conveying prisoners before a court or to prison, and shall have such fees and reasonable expenses incuri'ed in taking and keeping property seized under attachment, or levied on under execution; provided, that the keeper's fees shall not exceed three dollars per day of twelve hours, except when it becomes necessary to keep a place of business open in the night, in which case he shall be al- lowed additional keeper's fees, to be fixed by the court from which the writ issued under which the property was taken. 3. The recorder, three thousand dollars per annum. The recorder may appoint two deputies at a salary of twelve hundred dollars each per annum, and also one deputy at a salary of nine hundred dollars per annum; the salaries of such deputies to be paid at the same time and in the same manner county officers are paid. 4. The auditor, twenty-four hundred dollars per annum. The auditor may appoint a deputy at a salary of twelve hundred dollars per annum; the salary of the deputy au- ditor to be paid at the same time and in the same manner county officers are paid. 5. The treasurer, three thousand four hundred dollars per annum. 6. The tax collector, two thousand five hundred dollars per annum. 7. The license collector, one thousand eight hundred dol- lars per annum. S. The assessor, six thousand dollars per annum. COUNTY GOVERNMENT. 195 9. The district attorney, three thousand six hundred dollars per annum. In counties of tliis class the district attorney may appoint an assistant district attorney, which ofRce is hereby created, who shall receive as compensation for his services the sum of fifteen hundred dollars per annum, to be paid out of the county treasury in equal monthly installments in the same manner and at the same time other county officials are paid. In counties of this class the district attorney may appoint a clerk for service in his office, which office of clerk to the district attorney is hereby created, and said clerk shall receive as compensation for his service the sum of nine hundred dollars per annum, to be paid out of the county treasury in equal monthly installments, in the same manner and at the same time other county officials are paid. 10. The coroner, such fees as are now or may be here- after allowed by law; provided, the coroner, or other offi- cer holding an inquest upon the body of a deceased per- son, may subpoena a chemist to make an analysis of the contents of the stomach or of the tissues of the body, or a physician or surgeon to inspect the body, or hold a post-mortem examination of the deceased, and give a professional opinion as to the cause of death; and shall • cause the testimony of all the witnesses at such inquest to be reduced to writing under his directions and may require one of the official reporters to act as clerk or sten- ographer for such purpose, and in case any of such report- ers should refuse or be unable to attend, may employ a stenographer for that purpose at the same compensation allowed to stenographers of the superior court of the county, such amount to be deducted from the salary of the official repoi-ter in default. 11. The public administrator, such fees as are now or may be hereafter allowed by law. 12. The superintendent of schools, two thousand dollars per annum, and actual traveling expenses when visiting schools of his county, not exceeding three hundred dollars per annum. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty cents per mile, one way only, from his residence to the place of meeting of said board. The secretary of said board of education shall receive 196 COUNTY GOVERNMENT. five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of said board and of said secretary shall be paid out of the same fund as the salary of the super- intendent of schools. Claims of such service and mile- age shall be presented to the board of supervisors and shall be allowed at the rate above named, and in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education herein provided is not in addition to that pro- vided in section seventeen hundred and seventy of the Political Code. 13. The surveyor, two thousand four hundred dollars per annum, and in addition thereto all necessary expenses and transportation for work performed on the field; provided, that in counties of this class, whenever the board of su- pervisors shall order, or the assessor may require, as- sessor's map or block books, then the surveyor snail re- ceive, in addition to the salary herein above noted, the sum of nine hundred dollars for the preparation and completion of the said map or block books. 14. Justices of the peace, such fees [as] are now or may be hereafter allowed by law, except that the justices of the peace in townships containing twenty thousand or more inhabitants shall be allowed a salary of one hundred dol- lars per month in lieu of all fees in criminal cases, payable as the salaries of other county oflicers are paid. 15. Constables, such fees [as] are now or may be here- after allowed by law, except that the constables in town- ships containing twenty thousand or more inhabitants shall be allowed a salary of one hundred dollars per month each for all services in criminal cases, payable as the salaries of other county officers are paid; provided, however, that constables in townships not having twenty thousand in- habitants, shall receive, in addition to the fees now pro- vided by law three dollars per day for each day actually in attendance on court in criminal cases, and fifteen cents per mile for every mile actually traveled in taking pris- oners to the county jail. 16. Each supervisor, seventj'-five dollars per month, and ten cents per mile for traveling to and from the county seat; provided, mileage shall not be allow^ed oftener than once in each month. I COUNTY GOVERNMENT. 197 17. From and after the first Monday in January, nineteen hundred and three, the offices of recorder and auditor shall be separate and shall not be consolidated by the board of supervisors. [Amendment approved March 19, 1903; Stats. 1903, p. 224. In effect in sixty days.] Sec. 163. In counties of the sixth class the county of- ficers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, five thousand dollars per annum; provided, that he shall appoint one chief deputy, at a sal- ary of twelve hundred dollars per annum, and two court- room deputies, at a salary of nine hundred dollars per annum each. The salaries of said three deputies shall be paid by said county clerk out of said five thousand dollars compensation above named. The county clerk shall also appoint one deputy at a salary of nine hundred dollars per annum, to be paid out of the county treasury in equal monthly installments in the same manner and at the same time other county officials are paid. 2. The sheriff, sixty-two hundred dollars per annum; provided, that he shall appoint one under-sheriff, at a salary of fifteen hundred dollars per annum, and three deputy sheriffs, at a salary of nine hundred dollars per annum each. The salaries of said under-sheriff and depu- ties shall be paid by said sheriff out of said sixty-two hun- dred dollars compensation above named. The sheriff shall also appoint one additional deputy, at a salary of nine hundred dollars per annum, to be paid out of the county treasury in equal monthly installments in the same manner and at the same time other county officials are paid. The sheriff shall also receive, as compensation for traveling, to be computed in all cases from the court-house, to serve any summons and complaint, or any other process by which an action, or proceeding is commenced, notice, rule, order, subpcena, attachment on property, to levy an execution, post notice of sale, to sell property under exe- cution or other order of sale, to execute an order for the delivery of personal property, v/rit of possession or resti- tution, to hold inquest or trial of right of property, in ex- ecuting writ of habeas corpus, or collecting taxes, twenty cents for each mile, one way only, to be computed over the nearest and most practicable route, between the court- 198 COUNTY GOVERNMENT. house and the place of service; provided, that if any two or more papers be required to be served in the same suit, at the same time, and in the same direction, one mileage only shall be charged to the most distant points to com- plete such service, which distance shall, in all cases, be estimated by the nearest practicable route. 3. The recorder, four thousand one hundred and sixty dollars per annum; provided, that the recorder shall ap- point three copyists at a salary of seven hundred and twenty dollars per annum each; which salary of said three copyists shall be paid by said recorder out of said sum of four thousand one hundred and sixty dollars com- pensation above named; and provided further, that said copyists, being eligible, may be appointed deputies of said recorder without further compensation. 4. The auditor, two thousand four hundred dollars per annum; provided, that the expenses incurred in making extensions of assessment and tax rolls shall be paid out of said sum of two thousand four hundred dollars com- pensation above mentioned. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, twelve hundred dollars per annum. 7. The assessor, four thousand two hundred dollars per annum; provided, that the assessor shall appoint as many deputy assessors as may be necessary, all of which depu- ties' salaries shall be paid by the said assessor out of said four thousand two hundred dollars compensation ' above named. 8. The district attorney, two thousand four hundred dollars per annum, and one assistant district attorney, at a salary of fifteen hundred dollars per annum, to be paid at the same time and in the same manner as county oflBcers are paid; said assistant district attorney allowed in lieu of the assistant district attorney allowed by virtue of sub- division thirty-six of section twenty-five of an act entitled "An act to establish a uniform system of county and town- ship governments," approved March twenty-fourth, eigh- teen hundred and ninety-three. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thousand dol- I COUNTY GOVERNMENT. 199 lars per annum, and actual traveling expenses when visit- ing the schools of his county; provided, said superin- tendent of schools may appoint a deputy at a salary of nine hundred dollars per annum, payable at same time and in same manner as salaries of other county officers are paid. 12. The surveyor shall receive one thousand five hundred dollars per annum for all work performed for the county, and in addition thereto all necessary and actual travel- ing expenses incurred in connection with field work, and all fees allowed by law; provided, that when the surveyor is directed by the board of supervisors to plot, trace, or otherwise prepare maps, plats or block books for use of the county assessor, he cihall be allowed only the actual cost of preparing the same; provided further, that the fees for land surveys, except when done for the county, shall be ten dollai's per day, or fraction thereof, and in addition thereto all necessary and actual traveling ex- penses. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables; such fees as are now or may be here- after allowed by law. 15. Each member of the board of supervisors, for all services required of them by law, or by virtue of their office, except as road commissioners, shall be allowed six dollars per day, and thirty cents per mile in traveling from their place of residence to the court-house; pro- vided, that only one mileage must be allowed at each term; and provided further, that no supervisor must be allowed more than one day's pay for any one day, by reason of his being on the committees appointed by the board of supervisors, or for any other cause; provided, that in no case shall the per diem of the supervisors, as supervisors, exceed eight hundred dollars each in one year. Each supervisor shall receive for his services as road commis- sioner, thirty cents per mile, one way, for all distances actually traveled by him in the performance of his duties; provided, that he shall not, in any one year, receive more than four hundred dollars as such road commissioner. 16. In counties of this class the official reporter of each department of the superior court shall receive, as full compensation for taking notes in civil and criminal cases 200 COUNTY GOVERNMENT. tried in said court, and for all preliminary examinations and other services rendered in court, a monthly salary of one hundred dollars, payable out of the county treasury at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to he audited and allovi-ed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. [Amendment approved March 23, 1901. Stats. 1901, p. 707. In effect 12 M. on the first Monday after January 1, 1903.] Sec. 164. In counties of the seventh class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, two thousand four hundred dollars per annum. He shall have one deputy at a salary of fif- teen hundred dollars per annum, one at a salary of twelve hundred dollars; three deputies, each at a salary of nine hundred and sixty dollars; and one at a salary of seven hundred and twenty dollars per annum. 2. The sheriff, six thousand dollars per annum, and all fees for service of process issued without his county. He shall have an under-sheriff whose annual salary shall be fifteen hundred dollars, two deputies whose annual salary shall be twelve hundred dollars each, and four deputies whose annual salary shall be nine hundred dollars each. 3. The recorder, two thousand dollars per annum. He shall have one deputy whose salary shall be twelve hun- dred dollars per anniim, and two deputies who shall each receive nine hundred and sixty dollars per annum. He shall have such copyists as are necessary to perform the duties of the office, at a compensation not to exceed six cents per folio. 4. The auditor, two thousand dollars per annum, and one clerk at a monthly salarj' of eighty dollars. The auditor Flail also have one deputy, at an annual salary of twelve hundred dollars. 5. The treasurer, two thousand five hundred dollars per I COUNTY GOVERNMENT, 201 Annum. He shall have a deputy at a salary of twelve hun- dred dollars per annum. 6. The tax collector, two thousand dollars per annum. He shall have one deputy, who shall receive twelve hun- dred dollars per annum, and three deputies, each at an annual salary of nine hundred and sixty dollars. 7. The assessor, two thousand five hundred dollars per annum. He shall have one deputy at a salary of nine hun- dred and sixty dollars per annum, and six deputies whose per diem shall be four dollars each, when actually em- ployed between the first Monday in March ana the first Monday in June. 8. The district attorney, three thousand dollars per annum. He shall have one deputy at a salary of eighteen hundred dollars and one deputy at a salary of twelve hundred dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, tvv'o thousand dollars per annum. He shall have one deputy at an annual salary of twelve hundred dollars. The superintendent shall also be allowed actual traveling expenses when visiting the schools of his county. 12. The surveyor, two thousand dollars per annum, and his actual expenses when at work in the field. He shall have one deputy at a salary of seventy-five dollars per month. 13. Justices of the peace, the fees allowed by law; pro- vided, that in townships of six thousand population or more, any or all charges in criminal cases shall not exceed one hundred and forty dollars per month for any justice or other officer exercising the functions of justice of the peace. They shall receive the fees allowed by law in civil cases. In townships having a population of less than six thousand, they shall receive fees allowed by law, not to exceed ninety dollars per month for criminal cases. They shall receive the fees allowed by law in civil cases. 14. Constables, the fees allowed by law; provided, that in townships having a population of six thousand or more, they shall not receive for services in criminal cases to exceed one hundred dollars per month. They shall re- 20i! COUNTY GOVERNMENT. ceive the fees allowed by law in civil cases. In townships having a population of less than six thousand, the fees allowed by law, not exceeding ninety dollars per month for services in criminal cases. They shall receive the fees allowed by law in civil cases. 15. Each supervisor, six dollars per day when the board is necessarily in session, and twenty cents for each mile traveled by the ordinary route in going from his residence to the county seat once during each meeting. When trav- eling by order of the board upon county business each supervisor shall be allowed his actual itemized expenses. For all services as road commissioner each supervisor shall receive not to exceed five hundred dollars per annum, but for all services rendered by virtue of his office, in- cluding mileage, no supervisor shall be allowed more than fifteen hundred dollars in any one year. 16. The official reporters of the superior court, in coun- ties of this class, shall receive as full compensation for taking notes, when his services are demanded in civil cases, and in all criminal cases tried in said court a month- ly salary of one hundred and fifty dollars, payable out of the county treasury, in the same manner as salaries of county officers are paid. For transcription of said notes, when required, he shall receive ten cents per folio for the original, and five cents per folio for a copy. The compensa- tion for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury; and in civil cases or proceedings, to be paid by the party order- ing the same, or when ordered by the judge, by either party, or by both parties, as the court may direct. When the services of the reporter are demanded in any civil matter, the clerk shall collect, each day, in advance, five dollars from the party demanding the same, and shall pay the same into the county treasury on the first Monday of each month. 17. In counties of the seventh class the board of super- visors may appoint a horticultural commissioner, who shall have expert knowledge of the duties pertaining to the position, who shall serve at the pleasure of the board, and who shall be paid a salary of not to exceed one hun- dred dollars per month. [Amendment approved ;March 23, 1901. Stats. 1901, p. 711. In effect in thirtv nays.] COUNTY GOVERNMENT. 203 Sec. 165. In counties of the eighth class, the county officers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: 1. The county clerk, twenty-five hundred dollars per annum. 2. The sheriff, three thousand dollars per annum; the sheriff shall also receive for his own use and benefit, the fees for mileage which are now or which may hereafter be allowed by law, and the fees or commissions for the service of all papers whatsoever issued by any court of the st^te outside of his county; and shall also receive his necessary expenses in all criminal cases. 3. The recorder, sixteen hundred dollars per annum. 4. The auditor, eight hundred dollars per annum. 5. The treasurer, sixteen hundred dollars per annum. 6. The tax collector, eight hundred dollars per annum and five per cent on all licenses collected, which snail be in full for all services as tax collector and license col- lector. 7. The assessor, eleven thousand five hundred dollars per annum; the assessor shall turn over to the county all fees and commissions for the collection of poll tax, personal property tax and for making up the military roll. The as- sessor shall make all maps and plats, and shall bind in book form, alphabetically arranged, all assessment lists; provided, there shall be no charge against the county for the making of said maps, plats, and said binding except for the material furnished in the making of said maps and plats and binding of said assessment lists. 8. The district attorney three thousand dollars per an- num. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thousand dol- lars per annum, and actual traveling expenses when visit- ing the schools of his county said expenses not to exceed lour hundred dollars in one year. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace snail receive the following 204 COUXTY GOVERXMENT. salaries for all services rendered by them in criminal cases, payable in the same manner as county omcers are paid, viz: In townships having a population of seventeen thousand or more, seventy-five dollars per month; in town- ships having a population of not less than four thousand, nor more than seventeen thousand, forty dollars per month; in townships having a population of not less than twenty-seven hundred nor more than four thousand, thirty- five dollars per month; in townships having a popula- tion of not less than fourteen hundred and fifty, nor more than twenty-seven hundred, twenty-five dollars per month; in townships having a population of not less than thirteen hundred and twenty-five, nor more than fourteen hundred and fifty, fifteen dollars per month; in townships having a population of not less than five hundred nor more than thirteen hundred and twenty-five, fiive dollars per month; justices of the peace in counties of this class shall also receive for their own use and benefit such fees as are now or may be hereafter allowed by law in civil cases. 14. Constables shall receive the following salaries for all services rendered by them in criminal cases, payable monthly in the same manner as county ofiicers are paid, viz: In townships having a population of seventeen thou- sand or more, seventy-five dollars per month; in town- ships having a population of not less than four thousand nor more than seventeen thousand, forty dollars per month; in townships having a population of not less than twenty-seven hundred nor more than four thousand, thirty- five dollars per month; in townships having a population of not less than fourteen hundred and fifty, nor more than twenty-seven hundred, twenty-five dollars per month; in townships having a population of not less than thirteen hundred and twenty-five, nor more than fourteen hundred and fifty, fifteen dollars per month; in townships having a population of not less than five hundred, nor more than thirteen hundred and twenty-five, five dollars per month. Constables shall also receive for their own use and benefit such fees as are now or may hereafter be allowed by law for mileage in criminal cases and shall also receive such fees as are now or may hereafter be allowed by law iu civil cases. 15. Each member of the board of supervisors, nine hundred dollars per annum, and their necessary expenses COUNTY GOVERNMENT. 205 w'lien attending to the business of the county, other than the meetings of the board; and fifteen cents a mile in traveling to and from his residence to the county seat; provided, that not more than one mileage at any one term of the board shall be allowed, 16. The county clerk shall have one chief deputy, at a salary of twelve hundred dollars per annum; two court- room deputies, at a salary of nine hundred dollars per annum each, and a deputy or deputies not to exceed ten, for the purpose of registering electors and for other emer^ gencies, to be paid not to exceed three dollars per diem each. The county recorder, one deputy, at a salary of twelve hundred dollars per annum, two deputies at a salary of nine hundred dollars per annum. The treasurer, one deputy, at a salary of fifteen hundred dollars per annum. The district attorney, an assistant district attorney, at a salary of fifteen hundred dollars per annum, and a deputy district attorney, at a salary of nine hundred dollars per annum. The sheriff, and under-sheriff, who shall receive a sal- ary of fifteen hundred dollars per annum; a clerk, who shall receive a salary of nine hundred dollars per annum; a deputy sheriff, who shall receive a salary of nine hun- dred dollars per annum; two bailiffs, or court-room dep- uties, who shall receive a salary of nine hundred dollars per annum; two jailers, who shall receive a salary of nine hundred dollars per annum. All the deputies, assistants, and clerks herein mentioned shall be paid at the times and in the manner that their principals are paid from and after the approval of this act. [Amendment approved March 23, 1901. Stats. 1901, p. 713. In effect 12 M. on first Monday after January 1, 1903.] Sec. 166. In counties of the ninth class the county offi- cers shall receive, as compensation for the services re- quired oLthem by law or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, seven thousand six hundred dollars per annum. 2. The sheriff seven thousand eight hundred dollars per imium, and the sheriff shall also receive for his own use tnd benefit, the fees or commissions for the service of all 206 COUNTY GOVERNMENT. papers whatsoever issued by any court of the state outside of this [his] county. And the board of supervisors shall allow the sheriff his actual and necessary expenses in serv- ing any civil or criminal process, or pei'forming any other official duty within his county at a distance, by the ordinary route of travel, of more than sixty miles from the county seat. 3. The recorder, the fees now allowed by law pertaining to said recorder's office; provided, that the fee for filing, indexing, and canceling tax sale certificates for land sold to the state for delinquent taxes shall be fifteen cents for each certificate and for filing, recording, and indexing tax deeds to the state, the fee shall be seventy-five cents each, all of which shall be paid out of the county treasury in the same manner that other claims are paid; provided, that the fee to be charged by the recorder for filing cer- tificates of tax sale issued by the tax collector of any mu- nicipality within any county of the ninth class shall be one dollar for each volume, when the same is bound in book form; each of said volumes shall contain not less than two hundred of such tax certificates; provided, that all books of record, printing, and stationery shall be furnished and paid for by the recorder out of his fees; the style and quality of the same to be approved by the board of supervisors. 4. The auditor, five thousand five hundred dollars per annum. 5. The treasurer, three thousand dollars per annum. 6. The tax collector, seven thousand dollars per annum, which shall include all fees and percentage as license collector. 7. The assessor four thousand dollars per annum, and such fees as are allowed by law. 8. The district attorney, five thousand dollars per annum. 9. The superintendent of public schools, twenty-five hun- dred dollars per annum. He shall have one deputy at an annual salary of twelve hundred dollars. 10. The public administrator, such fees as are nov,- or may hereafter be allowed bj' law. 11. The coroner, such fees as are now or may be here- after allowed by law. 12. The surveyor, two thousand dollars per annum, which COUNTY GOVERNMENT. 207 shall be in lieu of all fees and per diem now allowed by law. 13. Constables, such fees as are now or may hereafter be allowed by law; provided, however, that no constable shall be allowed In any one month out of the county treasury, -more than seventy-five dollars as fees in mis- demeanor cases; provided further, that they shall receive for each day's attendance in court, in criminal cases, when I'equired by the justice to be present, two dollars per day; provided further, that for taking prisoners to the county jail, actual traveling expenses only shall be allowed, in lieu of mileage. 14. Justices of the peace, such fees as are now or may hereafter be allowed by law; provided, hovi/ever, that no justice of the peace shall be allowed in any one month out of the county treasury, more than seventy-five dollars in misdemeanor cases. 15. Each member of the board of supervisors, five hun- dred dollars per annum, and fifteen cents per mile in going from his residence to the county seat at each meeting of the board. Also, four hundred dollars per annum each, and mileage now allowed by law for services as road com- missioners. 16. In counties of this class the official reporters of the superior court shall receive^ as full compensadon for taking notes in civil and criminal cases tried in said court, and on all lunacy and preliminary examinations and coro- ner's inquests, a monthly salary of one hundred and twenty- five dollars, payable out of the county treasury at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation tor transcription in criminal cases and coro- ner's inquests to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or when ordered by the judge, by either party, or jointly by both parties, as the ccurt may direct. 17. In counties of this class there shall be but one hor- ticultural commissioner. 18. Each member of the board of education shall receive 208 COUNTY GOVERNMENT. five dollars per day as compensation for his services when in actual attendance upon said board and mileage at the rate cf twenty cents per mile, one way only, from his residence to the place of meeting of said board. The secretary of said board of education shall receive five dol- lars per day for his services for the actual time that the board may be in session. Said compensation of the mem- bers of said board and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools. Claims of such services and mileage shall be presented to the board of supervisors and shall be allowed at the rate above named and in the same manner as other claims against the county are allowed. The compensa- tion of the members of the county board of education herein provided is not in addition to that provided in section seventeen hundred and seventy of the Political Code. [Amendment 'approved March 23, 1901. Stats. l&Ol, p. 715. In effect 12 M. on first Monday after January 1, 1903.] Sec. 167. In counties of the tenth class, the county officers shall receive, as compensation for the services re- quired of tnem by law or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, four thousand three hundred dol- lars per annum, and the sum of five hundred dollars for making great register, and ten cents for each person regis- tered. 2. The sheriff, five thousand three hundred dollars per annum and all commissions, fees, and mileage, for the service of papers or process coming from courts other than those of his own county. 3. The recorder, fifteen hundred dollars per annum; six cents per folio for recording. 4. The auditor, one thousand eight hundred dollars per annum. 5. The treasurer, one thousand eight hundred dollars per annum. 6. Tax collector, three thousand two hundred dollars per annum; provided, however, that in counties of this class, the tax collector shall receive no fees or commissions for the collection of licenses. 7. The assessor, five thousand five hundred dollars per annum; provided, however, that the percentage received COUNTY GOVKRNMKNT. 209 by the assessor on poll taxes and personal property taxes, and also amounts allowed for returning names of persons subject to military duty, and which, in counties of other classes, is allowed to the assessor as compensation, shall be paid by him into the county treasury, and no part there- of shall be received by him as compensation. 8. The district attorney, three thousand dollars per an- num; provided, that this salary shall include the com- pensation of an assistant, or of deputies, if any. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools for full sexwices, in- cluding attendance on the county board of education, one thousand five hundred dollars and actual traveling ex- penses. His office shall be kept open on all business days from two to five o'clock P. M. 12. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty cents per mile, one way only, from his residence to the place of meeting of said board. The secretary of said board of education shall receive five dol- lars per day for his services for the actual time that the board may be in session. Said compensation of the mem- bers of said board and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools is paid. Claims of such services and mileage shall be presented to the beard of supervisors and shall be allowed at the rate above named and in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education herein provided is not in addition to that pro- vided in section one thousand seven hundred and seventy of the Political Code. 13. The surveyor, one thousand five hundred dollars per annum, and in addition thereto all necessary expenses, and transportation on work performed in the field. 14. The justices of the peace, the following monthly salaries, to be paid each month as salaries of other county officers are paid, which shall be in full for all services ren- dered by them in criminal cases: 210 COUNTY GOVERNMENT. In townships having a population of six thousand and over, ninety dollars per month. In townships having a population of two thousand four hundred and less than six thousand, seventy-five dollars per month. In townships having a population of one thousand five hundred and less than two thousand four hundred, fifty-five dollars per month. In townships having a population of eight hundred and less than one thousand five hundred, thirty dollars per month. In townships having a population of five hundred and less than eight hundred, fifteen dollars per month. In townships having a population less than five hundred, ten dollars per month. In addition to above salaries, each justice of the peace shall collect for his own use in civil cases such fees as are now or may hereafter be allowed by law. 15. Constables, the following monthly salaries, to be paid each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of five thousand and more, eighty-five dollars per month; in townships having a population of two thousand five hundred and less than five thousand, sixty-five dollars per month; in townships having a population of fifteen hundred and less than two thousand five hundred, sixty dollars per month; in town- ships having a population of eight hundred and less than fifteen hundred, fifty dollars per month; in townships having a population of five hundred and less than eight hundred, twenty dollars per month; in townships having a population less than five hundred, ten dollars per month. In addition to the monthly salary allowed herein, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. The population of townships shall, for the purpose of this section, be determined by the last preceding United States census, and in case townships are formed after the taking of the census, then the population shall be deter- mined by multiplying the vote for governor cast in such township, at the last preceding election, by four. COUNTY GOVERNMENT. 211 16. The supervisors, eacli the sum of six hundred dol- lars per annum, and twenty cents per mile one way for attending session of the board; provided, that he shall not receive in any one year more than five hundred dollars for said mileage. Each supervisor shall receive for his services as road commissioner twenty cents per mile one way for all distances actually traveled by him in the per- formance of his duties; provided, that he shall not receive in any one year more than five hundred dollars. 17. The ofiicial reporter of each department of the f.^\- perior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said courts, and when requested by a justice of the peace or coroner, in preliminary examinations, or inquests, a salary of one thousand dollars per annum, payable in equal monthly in- stallments, out of the county treasury, at t4ie same time and in the same manner as the salaries of other county officers; he shall without further compensation act as the secretary of the judge of such departuient of the superior court; and for transcription of said notes, when required, they shall receive the sum of ten cents per folio for the original and five cents per folio for a copy, and also actual traveling expenses, when reporting outside of the county seat. Said compensation for transcribing in crim- inal cases, preliminary examinations, and inquests, and traveling expenses, to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county ti"easury; and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party or jointly by both parties as the court may direct. 18. The provisions of this section shall take eil'ect and be in full force from and after the passage of this act. [Amendment approved March 23, 1901. Stats. 1901, 717. In effect immediately.] Sec. 168. In counties of the eleventh class, the coviuty and township officers shall receive, as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: 1. The county clerk, three thousand six hundred dollars per annum; and in counties of this class, there shall be, and there hereby is allowed to the county clerk, one dep- uty, who shall be appointed by the county clerk and shall 212 COUNTY GOVERXilBNT. be paid a salary of nine hundred dollars per annum, and one registration clerk, who shall be appointed by the county clerk, and shall be paid a salary of seven hundred and fifty dollars per annum; said salaries to be paid by such county, in monthly installments, at the time and in the manner and out of the same fund as the salary of the county clerk is paid. 2. The sheriff, five thousand dollars per annum; and in counties of this class, there shall be, and there hereby is allov/ed to the sheriff, one deputy, who shall be appointed by the sheriff and shall be paid a salary of one thousand five hundred dollars per annum, said salary to be paid by such county, in monthly installments, at the time and in the manner and out of the same fund as the salary of the sheriff is paid. 3. The recorder, two thousand four hundred dollars per annum, and in coimties of this class, whenever the amount of the fees required by law to be collected, shall in uny one month exceed the sum of four hundred dollars, the re- corder may, in addition to his salary, retain for his own use and benefit, one half of all such excess fees. 4. The auditor, one thousand five hundred dollars per annum. 5. The treasurer, two thousand four hundred dollars per annum. 6. The tax collector, two thousand eight hundred dollars per annum. 7. The license collector, ten per cent of all licenses collected by him. 8. The assessor, four thousand dollars per annum. 9. The district attorney, two thousand four hundred dollars per annum. 10. The coroner, such fees as are now, or may hereafter be allowed by law. 11. The public administrator, such fees as are now, or may hereafter be allowed by law. 12. The superintendent of schools, two thousand dollars per annum; and in counties of this class, there shall be and there is hereby allowed to the superintendent of schools, one deputy, who shall be appointed by the super- intendent of schools, and shall be paid a salary of seven hundred and fifty dollars per annum; said salary to be COUNTY GOVERNMENT. 213 paid by such county in monthly installments, at the time and in the mannei-, and out ol the same fund as the salaries of county ofneers are paid. 13. The surveyor, one thousand five hundred dollars per annum, and necessary traveling expenses while in the performance of the duties of his office. 14. Each supervisor, nine hundred dollars per annum, and mileage at twenty cents per mile, for all distances traveled by him as supervisor or as road commissioner; such mileage not to exceed, in any one year, the sum of seven hundred and fifty dollars. 15. The ofiicial shorthand reporter, two thousand dol- lars per annum, for the department of the superior court to which he has been appointed. Whenever one reporter shall be appointed to, and shall perform the duties required of the official shorthand reporter, for more than one de- partment of said superior court, he shall receive a salary therefor of two thousand five hundred dollars per annum. Said salary shall be payable at the same time and in the same manner as the salaries of other county officers are paid. In addition thereto, he shall receive for tran- scribing notes, the sum of ten cents per folio for the original, and five cents per folio for all copies thereof. Subdivision fifteen hereof, relating to the salaries and fees of official shorthand reporter, shall take effect imme- diately. 16. In townships having a population of seven thousand or over in counties of this class, two justices of the peace shall be elected, and each shall receive a salary of fifty dollars per month. In townships having a population less than seven thousand, there shall be but one justice of the peace elected and he shall receive a salary of twenty dol- lars per month. Such salaries shall be payable at the same time and in the same manner, and out of the same fund as county officers are paid. All justices in counties of this class shall, in addition to the salaries above provided for, receive and collect for their oAvn use and benefit, the fol- lowing fees, to wit: 1. Each justice of the peace shall be allowed, in a civil action, for all services before trial or entry of judgment, by default or confession, two dollars, and for all additional services in such a<"tion, including execution and satisfac- tion of judgment, two dollars. 214 COUNTY GOVERNMENT. 2. For the trial of a civil action and all proceedings sub- sequent thereto, three dollars. 3. For each hour actually engaged in the trial of an action after the first day, fifty cents. 4. For certificate and transmitting papers and transcript on appeal, one dollar. 5. For copies of papers on docket, per folio, ten cents. 6. For issuing a search-warr^t, the fee to be paid by the party demanding the same, one dollar. 7. For celebrating a marriage, and returning a certificate thereof to the county recorder, five dollars. 8. For taking an acknowledgment of an instrument, for the first name, fifty cents, and for each additional name,, twenty-five cents. 9. For taking depositions, per folio, fifteen cents. 10. For administering an oath, and certifying the same, fifty cents. 11. For issuing a commission to take testimony, one dol- lar. 12. For all services connected with the posting of estrays, one dollar. 13. For issuing each process, writ, order, or paper re- quired by law to be issued, not otherwise herein pi'o- vided for, twenty-five cents. 14. For each affidavit or certificate, or for administer- ing an oath or aflBrmation, not otherwise herein provided for, twenty-five cents. 15. For taking and approving a bond or undertaking, including the justification of sureties, fifty cents. 16. For performing the duties of coroner, when the cor- oner fails to act, the same fees and mileage as are al- lowed the coroner in like cases. 17. For all services in a criminal action or proceeding, whether on examination or trial, three dollars; and for each hour actually engaged in the trial or hearing of such action or proceeding, after the first day of such trial or hearing, fifty cents. 18. In all cases where the venue shall be changed, the justice before whom the action is brought, shall receive three dollars for all services therein; and the justice before whom the trial shall take place shall receive the same fees as if the action had been commenced before him. i COUNTY GOVERNMENT. 215 19. For taking bail in all proceedings, pending before another magistrate, fifty cents. 17. In townsaips having a population of seven thousand or over, in counties of this class, two constables shall be elected, and each shall receive a salary of thirty dollars per month. In townships having a population less than seven thousand, there shall be but one constable elected, and he shall receive a salary of ten dollars per month. Such salaries shall be payable at the same time and in the same manner, and out of the same fund as county offi- cers are paid. All constables in counties of this class shall, in addi- tion to the salaries above provided for, receive and collect, for their own use ana benefit, the following fees, to wit: 1. For serving summons and complaint, for each defend- ant served, fifty cents. 2. For each copy of summons made by him, twenty-five cents. 3. For levying writ of attachment or execution, or execut- ing an order of arrest, or for the delivery of personal prop- erty, two dollars. 4. For serving a writ of attachment or execution on any ship, boat, or vessel, three dollars. 5. For keeping personal property, such sum as the court may order; but no more than two dollars fifty cents per day, for a keeper, when necessarily employed. 6. For taking a bond or undertaking, one dollar. 7. For copies of writs or other papers, except summons, complaints and subpoenas, per folio, fifteen cents; provid- ed, that when correct copies are furnished him for use, no charge shall be made for such copies. 8. For serving any writ, notice or order, except sum- mons, complaint, or subpcena, for each person served, fifty cents. 9. For writing and posting each notice of sale of prop- erty, fifty cents. 10. For furnishing notice of publication, twenty-five cents. 11. For serving subpoenas, each witness, including copy, fifty cents. 12. For collecting money on execution, two and one half per cent. 216 COUNTY GOVERNilENT. 13. For executing and delivering certificate of sale, fifty cents. 14. For executing and delivering constable's deed, two dollars and fifty cents. 15. For eacli mile actually traveled, within his township, in the service of any writ, order, or paper, except a war- rant of arrest, in going only, per mile, twenty-five cents. No constructive mileage shall be allowed. 16. For each mile necessarily traveled within his county, outside of his township, to serve such writ, order, or paper, in going only, twenty-five cents. 17. For each mile necessarily traveled within his county, in executing a warrant of arrest, both in going to and re- turning from the place of arrest, fifteen cents; and the actual cost of the transportation of the prisoner or prison- ers, from the place of arrest to the justice court, and the necessary expense of assistance; provided, that for trav- eling in the performance of two or more official services at the same time, including the service of criminal process, but one mileage shall be charged. 18. For each mile necessarily traveled outside his county, in executing a warrant of arrest, both in going to and returning from the place of arrest, fifteen cents. 19. For arresting a prisoner, two dollars. 20. For transporting prisoners to the county jail, from the justice's court, or from the county jail, to the justice's court, the actual cost of transportation and assistance, and mileage at twenty-five cents per mile, one way. In con- veying two or more prisoners, but one mileage shall be charged. 21. For each day in which the constable is charged with the custody of a prisoner or prisoners, two dollars fifty cents, and for necessary expense of maintenance and as- sistance in keeping said prisoners. 22. For summoning a jury, twenty-five cents for each of the persons so summoned, and mileage at the rate of twenty-five cents per mile, going only. 23. For attending court during the trial of a cause or upon an examination on a criminal charge, per day, three dollars. 24. For making sales of estrays in civil cases, the same fees as for sales on execution. 25. For serving writ of possession or restitution, putting COUNTY GOVERNMENT. 217 a person in possession of the premises, and removing the occupants therefrom, three dollars per day, and mileage at twenty-five cents per mile, going only. 26. The mileage provided for herein shall be computed for the shortest practicable traveled route between the two points for which mileage is claimed. 27. All fees and per diem herein provided for in crim- inal cases are a county charge, but no constable shall receive in any one month more than one hundred dollars for all services in criminal cases. [Amendment approved March 19, 1903. Stats. 1903, 212. In effect in sixty days.] Sec. 169. In counties of the twelfth class the county officers shall receive, as compensation for the services re- quired of them by law or by virtue of their offices, the fol- lowing salaries, to wit: 1. The county clerk, three thousand dollars per annum, and when a great register of voters is ordered he shall re- ceive five hundred dollars additional, which shall be in full for all services rendered in registering voters and making the great register. 2. The sheriff, four thousand five hundred dollars per annum, and the fees or commissions for the services of all papers, whatsoever issued by any court outside of his county. He shall appoint a jailer to take charge of the branch county jail, at a salary of six hundred dollars per annum, to be paid by the county. 3. The recorder twenty-two hundred and fifty dollars per annum. 4. The auditor, eighteen hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, fifteen hundred dollars per annum. 7. The assessor, three thousand dollars per annum. 8. The district attorney, two thousand dollars per an- num. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, five hundred dollars per annum. 11. The superintendent of schools, fifteen hundred dol- lars per anaum, aad his actual necessary traveling ex- penses while visiiii-g schools. 12. The surveyor sliall receive seven dollars per diem Gt-n. Laws — 10 218 COUNTY GOVERX:.IEXT. for each day actually employed in the performance of Ms duties as a county ofncer, and in addition thereto all neces- sary expenses, such as transportation and pay of help which may be necessary for the performance of county duties. 13. Justices of the peace, the foliovv-ing monthlj' sal- aries, to be paid each month as the .salaries of county officers are paid, which shall be in full for all services ren- dered by them in criminal cases. In townships having a population of six thousand or more, one hundred dollars per month; in townships having a population of two thousand four hundred and less than six thousand, seventy- five dollars; in townships having a population of tv.-o thousand and less than two thousand four hundred, sixty- five dollars; in townships having a population of one thousand five hundred and less than two thousand, fifty-five dollars; in townships having a population of one thousand and less than one thousand five nundred, thirty dollars; in townships having a population of eight hundred and less than one thousand, twenty dollars; in townships hav- ing a population of five hundred and less than eight hun- dred, fifteen dollars; in townships having a population less than five hundred, ten dollars. Each justice must pay into the county treasury, once a month, all fines collected by him. In addition to the monthly salary allowed herein, each justice may receive for his own use such fees as are now or hereafter may be allowed by law for all services performed by him in civil actions. 14. Constables, the following salaries, which shall be paid monthly, as salaries of county officers are paid, and which shall be in full for all services rendered by them in criminal cases, to wit: In townships having a popula- tion of two thousand one hundred and more, one hundred dollars; in townships having a population of one thousand five hundred and less than two thousand one hundred, eighty dollars; in townships having a population of one thousand and less than one thousand five hundred, fifty dollars; in townships having a population of eight hundred and less than one thousand, thirty dollars; in townships having a population of five hundred and less than eight- hundred, fifteen dollars; in townships having a populatiou of less than five hundred, ten dollars. In addition to the < monthly salary allowed herein, each constable may re- ceive and retain for his own use such fee<' ^s are now or COUNTY GOVERNMENT. 219 hereafter may be allowed by law for all services performed by him in civil actions. For the purposes of this act the basis of calculation for fixing the compensation of the justices and constables above mentioned, the population of the different town- ships of the county shall always be based upon the figures as shown by the last United States census; provided, however, that whenever the census of any township or townships shall have been taken under the provisions of this act, said census may become the basis of calculation. 15. Each member of the board of supervisors, six hun- dred dollars for all services rendered, and including mile- age; provided, that when required to go on business to any point outside of said county they shall be allowed ac- tual necessary expenses. 16. The official court reporter, for all services required of him in the superior court, excepting for transcribing his notes, a salary of one thousand five hundred dollars per annum, to be paid by the county monthly as the salaries of county ofiicers are paid. For transcribing his notes of tes- timony in the superior court when required, seven cents per folio for original and four cents per folio for copies, to be paid for when completed, by the party in a civil action who directs the work to be done, but the same shall ultimately be taxed as costs in the case. In criminal pro- ceedings in the superior court, when the judge orders the notes transcribed, the same shall be paid from the county treasury on the order of the court. When the services of the reporter are demanded in any civil matter the clerk shall collect, each day in advance, tv/o dollars and fifty cents from each side of the controversy, and pay the same into the county treasury. At the conclusion of the trial or proceeding in civil matters, such reporter's fees shall be taxed as costs in the same manner that other costs are taxed in such cases. 17. Members of the county board of education shall re- ceive ten cents per mile for traveling from his or her residence to the county seat; provided, that mileage be not allowed for more than two meetings in any one month. Sec. 170. In counties of the thirteenth class the county and township officers shall receive, as full compensation for the services required of them by law or by virtue of their oflices, the following fees and salaries: 220 COUXTY GOVERNMENT. 1. The county clerk, twenty-eight hundred dollars per annum. 2. The sheriff, thirty-five hundred dollars per annum, and mileage for the service of any and all processes re- quired by law to be served by him, at the rate of five cents per mile for every mile necessarily traveled in the performance of his duty or in the serving of papers of any kind. 3. The recorder, twenty-six hundred dollars per annum. 4. The auditor, fifteen hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, eighteen hundred dollars per an- num. 7. The assessor, eighteen hundred dollars per annum. 8. The district attorney, two thousand dollars per an- num. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eighteen hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Each supervisor. Each member of the board of supervisors, six hundred dollars per annum and actual mileage to and from the county seat while in the dis- charge of his ofiicial duties, and mileage as road commis- sioner, fifteen cents per mile, one way; provided, the amount of mileage for each supervisor shall not exceed the sum of three hundred dollars in any one year. 14. For the purpose of regulating the compensation of justices of the peace and constables, judicial townships in this class of counties, are hereby classified according to their population, as follows: Townships containing a population of six thousand five hundred or more shall belong to and be known as town- ships of the first class; townships containing a population of less than six thousand five hundred and more than four thousand five hundred shall belong to and be known as townships of the second class; townships containing COUNTY GOV ERNMBNT, 221 a population of less than four thousand five hundred and more than two thousand five hundred shall belong to and be known as townships of the third class; townships con- taining a population of less than two thousand five hun- dred and more than one thousand, sha.ll belong to and be known as townships of the fourth class; townships con- taining a population of less than one thousand and more than eight hundred shall belong to and be known as tov/n- ships of the fifth class; townships containing a popula- tion of less than eight hundred shall belong to and be known as townships of the sixth class. The population of the several judicial townships shall be determined for the purpose of this and the succeeding section, by mul- tiplying by five the total vote cast in such townships for govei'nor at the last general election held November fourth, nineteen hundred and two, as indicated by the official election returns of said election. lo. Justices of the peace shall receive the following fees and salaries, which shall be paid monthly in the sa-me manner as the salaries of the county officers are paid, out of the general fund of the county, which shall be in full for all services rendered by them in criminal cases; pro- vided, however, that if two justices of the peace shall be elected and qualify in any one township, then the said justices shall each receive one half of the salary therein provided for, to wit: In townships of the first class, seventy-five dollars per month; in townships of the second class, fifty dollars per month; in tov^^nsliips of the third class, twenty-five dol- lars per month; in townships of the fourth class, fifteen dollars per month; in townships of the fifth class, five dollars per month; in townships of the sixth class, such fees as are now or may hereafter be allowed by law. Each justice must pay in to the county treasurer once a m.onth all fines collected by him. In addition to the monthly salaries herein allowed, each justice may receive and retain for his own use, such fees as are now or may hereafter be allowed by law for services rendered by him in civil cases; justices of the peace of the first and sec- ond classes shall be allowed their actual office rent, not to exceed the sum of fifteen dollars each for any one mouth. Constables shall receive the following fees and salaries which shall be paid monthly in the same manner as the 222 COUNTY GOVERNMENT. salaries of the county officers are paid out of the general fund of the county, and which shall be in full for all ser- vices rendered by them in criminal cases, to wit: In townships of the first class, thirty dollars per month; in townships of the second class, thirty dollars per month; in townships of the third class, twenty dollars per month; in townships of the fourth class, fifteen dollars per month; in townships of the fifth class, five dollars per month; in townships of the sixth class, such fees as are now or may hereafter be allowed by law; provided, that in addition to the salary herein allow^ed, each constable shall be paid cut of the treasui'y of the county for traveling expenses outside of his own tow-nship, for the service of a warrant of arrest or any other process in a criminal case (where such service is in fact made) both going and returning ten cents per mile; for each mile traveled out of his county, both going to and returning from the place of arrest or other service of process, five cents per mile; for trans- porting prisoners to the county jail a constable shall be allowed his actual expenses each way. In addition to the monthly salary allowed him herein, each constable shall re- ceive for his own use, in civil cases, the fees which are now or may hereafter be allowed by law. The compensations herein provided for justices of the peace and constables shall take effect and be in force on and after the first Monday in April, nineteen hundred and three. 16. The official reporter of the superior court shall re- ceive the fees allowed by law. 17. The compensation allowed each officer above enum- erated shall be in full for all services, and shall include the pay of all deputies, (except in the case of the district attorney wherein one deputy is provided for within the dis- cretion of the board of supervisors) and copyists that may be needed in their respective offices whenever the same are allowed in any way except as provided in section two hundred and fifteen of the County Government Act, ap- proved eighteen hundred and ninety-seven, wherein it pro- vides certain fees and commissions for the assessor and license collector. [Amendment approved March 19, 1903; Stats. 1903, 227. In effect immediately.] Sec. 171. In counties of the fourteenth class the county officers shall receive, as compensation for the services COUNTY GOVEKNMENT. 223 required of them by law, or by virtue of tbeir offices, the following salaries, to wit: 1. The county clerk, two thousand four hundred dollars per annum. 2. The sheriff, three thousand five hundred dollars per annum. 3. The recorder, eighteen hundred dollars per annum. 4. The auditor, two thousand two hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector and license collector, two thousand two hundred dollars per annum. 7. The assessor, two thousand four hundred dollars per annum. 8. The district attorney, eighteen hundred dollars per annum. 9. The coroner,- such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eighteen hundred dol- lars per annum, and actual traveling expenses when vis- iting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Each member of the board of supervisors, five hun- dred dollars per annum, and ten cents per mile mileage in traveling to and from his residence to the county seat, and for his services as road commissioner he shall receive twenty cents per mile for all distances actually traveled by him in the performance of his duties; provided, he shall not in any one year receive more than six hundred dollars as such road commissioner. 15. In counties of this class the official reporter of the superior court shall receive, as full compensation for tak- ing notes in civil and criminal cases tried in said court, and for preliminary examination in justices' courts, a monthly salary of sixty dollars, payable out .of the county treasury at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten 224 . COUNTY GOVERNMENT. cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of super- visors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, when ordered by the judge by either party, or jointly by both parties, as the court may direct. [Amendment approved March 23, 1901; Stats. 1901, p. 725. In effect 12 M. on first Monday after January 1, 1903.] Sec. 172. In counties of the fifteenth class the county ofiicers shall receive as compensation for the services re- quired of them by law or by virtue of their ofiices, the fol- lowing salaries, to wit: 1. The county clerk, thirty-tvv'o hundred and fifty dollars per annum. 2. The sheriff, four thousand dollars "per annum; and such mileage as is now allowed by law and also all fees for service of papers in actions arising outside of his county. 3. The recorder, thirty-two hundred and fifty dollars per annum. 4. The auditor, two thousand dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, two thousand dollars per annum. 7. The superior judge, three thousand dollars per annum. 8. The assessor, thirty-five hundred dollars per annum; provided, that in counties of this class there shall be seven field deputy assessors, who shall be appointed by the as- sessor of said county, and who shall hold oSice from twelve o'clock meridian from the first Monday in March of each year up to twelve o'clock meridian of the first Monday of July of each year; the salaries of each of said seven deputy assessors herein provided for is fixed at the sum of one hundred dollars per month, to include horse hire and traveling expenses for each month during which they hold office as herein provided, which said salaries shall be paid by said county at the same time and in the same manner and out of the same fund as the salary of the assessor; provided, that all commissions shall be paid into the county treasury- 9. The district attorney, twenty-five hundred dollars per annum. COUNTY GOVERNMENT. 225 10. The coroner, such fees a.s are now or may be here- after allowed by law. 11. The public administrator, such fees as are now or may be hereafter allowed by law. 12. The superintendent of schools, twenty-two hundred and fifty dollars per annum, and actual traveling expenses when visiting the schools of the county, and keep his office open on all business days. 13. The surveyor, eight dollars per day while actually employed by the county. 14. Justices of the peace, such fees as are now or may be hereafter allowed by law. 15. Constables, such fees as are now or may be here- after allowed by law. 16. Supervisors, five hundred dollars each per annum, and mileage at the rate of ten cents per mile in going to and coming from the place of meeting of the board, not more than four board meetings per month; and as road commissioner, four dollars per day, not to exceed two hun- dred dollars per year in the aggregate. 17. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes, when his services are demanded, in civil cases, and in all criminal cases and matters tried or heard in said court, and when requested by the district attorney, for preliminary examinations in justices' courts, and in- quests, a monthly salary of fifty dollars, payable out of the county treasury at the same time and in the same man- ner as the salaries of county officers; and for transcription of said notes, when required, he shall receive not to ex- ceed the sum of ten cents per folio for the original, and not to exceed five cents a folio for a copy; said compensation for transcription in criminal cases to be audited and al- lowed by the board of supervisors as other claims against tne county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. It is further pro- vided, that in each civil case reported by the official re- porter there shall be taken as costs in the case seven dol- lars and fifty cents per diem for each day of the trial there- of. Such per diem fee shall be paid to the clerk of the court in advance by the party requesting the service of the re- 226 COUNTY GOVERNMENT. porter, and where his services are requested by more than one party, then such fees shall he paid in equal pro- portion by each of such parties. All per diem fees so collected shall be paid by said clerk into the treasury of the county in which the case is tried. [Amendment approved March 23, 1901; Stats. 1901, 726. In effect 12 M. on first Monday after January 1, 1903.] Sec. 173. In counties of the sixteenth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their ofifices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, thirty-five hundred dollars per annum. The sheriff shall also receive, in all civil cases, for his own use and benefit, the fees, commissions, and mileage, which are now or which may hereafter be allowed by law, and the fees or commissions for the service of all papers whatsoever issued by any court of the state out- side of his county. 3. The recorder, twenty-nine hundred dollars per annum. 4. The auditor, eighteen hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, fifteen hundred dollars per annum, and five per cent on all licenses collected by him as license collector. 7. The assessor, thirty-four hundred dollars per annum. 8. The district attorney, eighteen hundred dollars per annum; provided, that he shall have the power to ap- point one deputy district attorney at a salary of one thousand dollars per annum, payable in the same manner as that of other county officers. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, sixteen hundred and fifty dollars per annum, and actual traveling expenses when visiting the schools of his county, but he shall receive no extra compensation for his services on the board of education. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. The justices of the peace shall receive the following COUNTY GOVERNMENT. 227 monthly salaries, to be paid each mcnth as salaries of the county officers are paid, which shall be in full for all ser- vices rendered by them in criminal cases: In townships having a population of five thousand or more, fifty dollars per month; in townships having a population of twenty- five hundred and less than five thousand, thirty-five dollars per month; in townships having a population of fifteen hundred and less than twenty-five hundred, twenty-five dol- lars per month; in townships having a population of one thousand and less than fifteen hundred, twenty dollars per month; in townships having a population of seven hundred and less than one thousand, fifteen dollars per month; in townships having a population of less than seven hundred, ten dollars per month. Each justice must pay into the county treasury, once a month, all fines collect- ed by him. In addition to the monthly salary allowed herein, each justice may receive for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil actions. 14. Constables shall receive the following salaries, to be paid each month as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a popula- tion of five thousand or more, fifty dollars per month; in townships having a population of twenty-five hundred and less than five thousand, forty dollars per month; in town- ships having a population of fifteen hundred and less than twenty-five hundred, thirty dollars per month; in town- ships having a population of one thousand and less than fifteen hundred, twenty-five dollars per month; in town- ships having a population of seven hundred and less than one thousand, twenty dollars per month; in townships having a population of less than seven hundred, fifteen dollars per month; provided, that in addition to the salary herein allowed, each constable shall be paid out of the treasury of the county for traveling expenses outside of his own township, for the service of a warrant of arrest, or any other process in a criminal case (when such service is, in fact, made), both going and returning, ten cents per mile; for each mile traveled out of his county, both going to and returning from the place of arrest or other service of process, five cents per mile; for transporting prisoners to the county jail, ten cents a mile each way. In addition 228 COUNTY GOVERNMENT. to the montlily salary allowed him herein each constable may receive for his own use in civil cases the fees which are now or may hereafter be allowed by law. 15. The supervisors, each the sum of five dollars per day for actual service, together with mileage at the rate of twenty cents per mile, in going only, from the residence to the county seat, at each session of the board, but not to exceed in the aggregate six hundred dollars per annum, ex- clusive of mileage. 16. For the purposes of subdivisions thirteen and four- teen of this section, the population of the several judicial townships shall be ascertained by the board of super- visors, by multiplying by five the vote for presidential electors cast in each township at the next preceding elec- tion. [Amendment approved March 23, 1901; Stats. 1901, 728. In effect 12 M. on first Monday after January 1, 1903. J Sec. 174. In counties of the seventeenth class the county ofiicers shall receive, as compensation for the services required of fhem by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, two thousand five hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the county clerk a court- room deputy, who shall be appointed by the county clerk and paid a salary of one hundred dollars per month, said salary to be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the county clerk is paid. 2. The sheriff, six thousand dollars per annum. 3. The recorder, two thousand eight hundred dollars per annum. 4. The auditor, one thousand eight hundred dollars per annum. 5. The treasurer, one thousand five hundred dollars per annum. 6. The tax collector, two thousand dollars per annum. 7. The assessor, two thousand five hundred dollars per annum; pi'ovided, that in counties of this class there shall be and is hereby allowed to the assessor one deputy, for a period of four months during each fiscal year, who shall be appointed by said assessor, and be paid a salary of seventy-five dollars per month, said salary to be paid by said county in monthly installments, at the same time and COUNTY GOVERNMENT. 229 in the same manner and out of tiie same fund as the salary of the assessor is paid. S. The district attorney, two thousand five hundred dol- lars per annum; provided, that in counties of this class there shall be and is hereby allowed to the district attorney a deputy, who shall be appointed by said district attorney, and who shall be paid the following salary, to wit: fifty dollars per month, said salary to be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the district attorney is paid. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thousand eight hundred dollars per annum and actual traveling expenses when visiting the schools of his county. 12. The county surveyor shall receive twelve hundred dollars per annum and necessary cost of transportation to and from, and necessary expense in the field while en- gaged on public vrork. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law; provided, that in townships having a population of over six thousand, as shown by the United States census of nineteen hundred, in lieu of fees in criminal cases, and in full compensation for all services rendered in criminal cases, justices of the peace shall receive a salary of ninety dollars per month, payable at the same time and in the same manner as the salary of other county ofl&cers. 14. Constables, such fees as are now or may be hereafter allowed by law; provided, that in townships having a pop- ulation of over six thousand, as shown by the United States census of nineteen hundred, in lieu of fees in crim- inal cases and in full compensation for all services rendered in criminal cases, constables shall receive a salary of seventy-five dollars per month, payable at the same time and in the same manner as salaries of other county officers; provided further, that in addition to the monthly salary herein allowed, constables of townships of over six thou- sand inhabitants shall also be allowed all necessary ex- pense actually incurred outside of their township, in pursu- 230 COUNTY GOVERNMENT. ing and conveying prisoners to court or to prison, and said expense sliall be audited and allowed by board of supervisors and paid out of the county treasury. 15. Each, supervisor, six hundred dollars per annum, and twenty cents per mile for traveling from his residence to the county seat; and as road commissioner, four dol- lars per day, not to exceed two hundred dollars per annum in the aggregate. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, a monthly salary of one hundred and twenty-five dollars, payable out of the county treasury at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. 17. This section, so far as it relates to the compensa- tion of justices of the peace and constables, shall take effect immediately. [Amendment approved March 23, 1901; Stats. 1901, 729. In effect 12 M. on first Monday after January 1, 1903, except as specified above.] Sec. 175. In counties of the eighteenth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, four thousand dollars per annum. 2. The sheriff, six thousand five hundred dollars per annum, and mileage for the service of any and all processes required by law to be served by him, at the rate of ten cents per mile for every mile necessarily traveled in the performance of such duty. 3. The recorder, one thousand six hundred fifty dollars per annum, and six cents per folio for every instrument of any character transcribed by him or his deputies, which said amounts shall be paid by the county treasurer out of the county treasury. COUNTY GOVERNMENT. 231 4. The auditor, eighteen hundred dollars per annvim. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, three thousand six hundred dollars per annum; provided, that as such tax collector, or as ex-officio license collector, he shall not have or receive any compensation for, or percentage upon the collection of any license. 7. The assessor, three thousand six hundred dollars per annum. 8. The district attorney, three thousand two hundred dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allovifed by law. 11. The superintendent of schools, one thousand eight hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month as salaries of county officers are paid, which shall be in full compensa- tion for all services rendered as hereinafter provided: In townships having a population of three thousand or more, eighty-five dollars per month, which said salary shall be in full compensation for all services rendered by said justices of the peace in both civil and criminal cases, and all such fees as are allowed by law in civil cases shall be paid by said justices of the peace into the county treasury, as the fees of county officers are paid in. In townships having a population of not less than two thousand and under three thousand, thirty dollars per month, which shall be in full compensation for all services rendered in criminal cases. In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be hereafter allowed by law. In townships having a population of not less than one thousand and under two thousand, twenty dollars per month, which shall be in full compensation for all services rendered in criminal cases. In addition to the above salary each justice of the peace shall collect and retain for his 232 COUNTY GOVERNMENT. own use and benefit in civil cases, such fees as are now or may be hereafter allowed by law. In townships having a population of less than one thou- sand, fifteen dollars per month, which shall be in full compensation for all services rendered in criminal cases. In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as a're now or may be hereafter allowed by law. 14. Constables shall receive the following monthly sal- aries, to be paid each month as salaries of county officers are paid, which shall be in full compensation for all ser- vices rendered by them in criminal cases: In townships having a population of more than three thousand, fifty dollars per Inonth. In addition to the monthly salary allowed herein, each constable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil actions. In townships having a population of not less than two thousand and under three thousand, forty dollars per month. In addition to the monthly salary allowed herein, each constable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed in civil cases. In townships having a population of not less than one thousand and un- der two thousand, twenty-five dollars per month. In ad- dition to the monthly salary allowed herein, each constable may collect and retain for his own use such fees as are now or may be hereafter allovv-ed by law for all services per- formed by him in civil cases. In townships having a pop- ulation of less than one thousand, ten dollars per month. In addition to the monthly salary allowed herein, each constable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed in civil cases. In addition to the monthly salary allowed herein, each constable shall also be allowed ten cents per mile one way as mileage for each mile necessarily traveled in the execution of all criminal process. 15. It shall be the duty of each and every constable and justice of the peace to file, on or before the first Monday of each and every month, a full and complete statement, showing all business both civil and criminal done during COUNTY GOVERNMENT, 233 the preceding month with the board of supervisors, and shall file same on or before said date above mentioned with the clerii of said board. The statement of the con- stables shall contain a full and correct account of all process served in both civil and criminal actions, also in criminal cases places where defendants were arrested, together with the mileage. And justices of the peace shall file a full and correct statement of all civil and criminal actions and fees received therefrom. Said statements to be sworn to either before the county clerk or some officer allowed by law to administer oaths. 16. The board of supervisors shall determine the popu- lation of each township for the purpose of fixing the salary of the township officers aforesaid. 17. The provisions of section one hundred and seventy- five shall be in force from and after the passage of this act. 18. Each supervisor, one thousand dolla.rs per annum, for all services performed by them as supeiwisors, and members of the board of equalization, and as road com- missioner. 19. In counties of this class the official reporter of the superior 'court shall receive, as full compensation in taking notes in civil and criminal cases tried in said court, a monthly salary of one hundred and twenty-five dollars, payable out of the county treasury at the same time and in the same manner as the salaries of county olficers; and for transcription of said notes, when required, he shall re- ceive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors, as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. Whenever the services of a reporter are demanded in a civil action or proceeding, he shall collect in advance from the parties thereto, and pay into the county treasury the sum of five dollars for each day's services in taking notes. No fees shall be allowed the sheriff or tax collector for collecting licenses in counties of this class. [Amend- ment approved March 23. 1901; Stats. 1901, 731. In effect 12 M. on first Monday after January 1, 1903.] 234 COUNTY GOVERNMENT. Sec. 176. In counties of the nineteenth class the county officers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, thirty-two hundred and fifty dollars per annum; provided, that in counties of this class there shall be one deputy county clerk, who shall be appointed by the county clerk, and paid a salary of seventy-five dol- lars per month, said salary to be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the county clerk is paid. lYo. A registration clerk to be appointed by the county clerk and hold office during the pleasure of the county clerk, at a salary of seventy-five dollars per month, pay- able out of the same fund and in the same manner as the salary of other county officers is paid. 2. The sheriff, five thousand dollars per annum, and such mileage as is now allowed by law; all expenses incurred in criminal cases, and also all fees for services of papers in actions arising outside of his county, and the sum of thirty-seven and one half cents per day for feeding each prisoner committed to his custody; and one deputy sheriff, to act as jailer, who shall be appointed by the sheriff, and be paid a salary of fifty dollars per month, said salary to be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the sheriff is paid. 3. The recorder, thirty-two hundred and fifty dollars per annum, and ten cents per name for inserting each name (as grantor or grantee), in the general index; the cost thereof shall be a charge against the county and payable out of the general fund. 4. The auditor, two thousand dollars per annum. 5. The treasurer, eighteen hundred dollars per annum; provided, however, that the bond of the treasurer shall be executed with a reliable bond and security company, and that the cost of said bond, when duly approved, shall be a charge against the county and payable out of the general fund. 6. The tax collector, eighteen hvmdred dollars per an- num; and as license collector, ten per cent on all licenses collected. COUNTY GOVERNMENT. 235 7. The assessor, thirty-two hundred and fifty dollars per annum; provided, that in counties of this class there shall be one deputy assessor, who shall be appointed by the assessor, to hold office during the months of March, April, May and June in each year, and to be paid a salary of seventy-five dollars per month, during said four months, said salary to be paid by the said county in monthly in- stallments, at the same time and in the same manner and out of the same fund as the salary of the assessor is paid. 8. The district attorney, twenty-five hundred dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administi'ator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eighteen hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month as the salaries of county officers are paid, which shall be in full fot all services rendered by them in criminal cases: In townships having a population of three thousand or more, one hundred dollars a month; in townships having a population of twenty-five hundred and less than three thousand, fifty dollars per month; in townships having a population of two thousand and less than twenty-five hundred, forty- five dollars per month; in townships having a popula- tion of twelve hundred and less than two thousand, forty dollars per month; in townships having a population of one thousand and less than twelve hundred, twenty dollars a month; in townships having a population of four hun- dred and fifty and less than one thousand, fifteen dollars a month; in townships having a population of less than four hundred and fifty, five dollars a month. Each justice must pay into the county, once a month, all fines collected by him in criminal cases, and the auditor [must] withhold warrant for salary until a sworn statement has been filed with him of all criminal cases tried and fines collected and paid into the county treasury. In addition to the monthly salary allowed herein, each justice may receive for his 236 COUNTY GOVERNMENT. OT.-n use in civil cases the fees alloTved by law. For all services appertaining to the coroner's office which the coroner is unable to attend to, the justice of the peace stall receive the same fees as allowed the coroner in similar cases. 14. Constables shall receive the following salaries to be paid each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of three thousand or more, one hundred dollars a month; in townships having a population of twenty-five hundred and less than three thousand, eighty dollars a month; in townships having a population of two thousand and less than twenty-five hundred, seventy-seven and one half dol- lars a month; in townships having a population of twelve hundred and less than two thousand, seventy-five dollars a month; in townships having-a population of one thou- sand and less than twelve hundred, thirty-five dollars a month; in townships having a population of four hundred and fifty and less than one thousand, tvrentj'-five dollars a month; in townships having a population of less than four hundred and fifty, five dollars a month; provided, fur- ther, that in addition to the salary herein allowed, each constable shall be paid out of the treasury of the county for traveling expenses outside of his township for service of a warrant of arrest or any other paper in a criminal case, such fees as are now or may be hereafter allovred by law. For transporting prisoners to the county jail, the actual expense of such transportation. In addition to the monthly salary allowed him herein, each constable may receive for his own use in civil cases the fees allowed by law. 15. The population of the several judicial townships for the purpose of fixing the compensation of township officers shall be ascertained and declared by the board of super- visors on the first Monday after the first day of January, nineteen hundred and three, and on the first Monday after the first day of January every succeeding two years there- after. 16. Each member of the board of supervisors, nine hun- dred dollars per annum; and as road commissioner, three hundred dollars per annum. 17. Grand jurors or trial jurors in criminal cases in the COUNTY GOVERNMENT. 237 superior court shall receive, as compensation for each day's attendance, per day, three dollars; and for each mile actually traveled, in attending court as a grand juror or juror in a criminal case, in the superior court, in going only, per mile, fifteen cents. The county clerk shall cer- tify to the auditor the number of day's attendance and the number of miles traveled by each juror, and the auditor shall draw his warrant for the amount to which each juror is entitled, and the treasurer shall pay the same. [Amend- ment approved March 16, 1903; Stats. 1903, 173. In effect immediately.] Sec. 177. In counties of the twentieth class, county officers shall receive as compensation for the services re- quired of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand two hundred dol- lars per annum; provided, that in years when a great register is ordered the county clerk shall receive in ad- dition to his regular salary the sum of five hundred dollars for such service. 2. The sheriff, forty-three hundred dollars per annum, and all commissions, fees, and mileage for the service of papers or process coming from courts other than those of his own county. 3. The recorder, twelve hundred dollars per annum, and six cents per folio for every instrument of any char- acter transcribed by him or his deputies, and five cents for each name indexed, which said amount shall be paid out of the county treasury, and which payment shall be in full for all services, including the recording of mining claims. 4. The auditor, two thousand two hundred dollars per annum. The county auditor shall charge and collect, for the clerical labor of making estimates of tax sales, pro- vided for in section thirty-eight hundred and seventeen of the Political Code, the sum of twenty-five cents for each tax sale, if the property is delinquent for two years or less; and the sum of fifty cents for each sale if said prop- erty is delinquent for more than two years. If said es- timates are returned to the auditor and redemption made within twenty days from the date of issue and prior to the charge of penalties as provided in section thirty-eight hundred and seventeen of the Political Code, the amounts 238 COUNTY GOVERNMENT. charged for making said estimates shall be refunaed to the redemptioner; if redemption is not made as herein pro- vided, then the sums charged for making the estimates shall be retained by the auditor for his services of making said estimates. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, twenty-five hundred, dollars per an- num. 7. The assessor, forty-eight hundred dollars per annum, which shall be in full for all work in his office and foi his field deputies. 8. The district attorney, eighteen hundred dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thousand dollars per annum, including services on board of education. His oifice shall be kept open on all business days from two to five P. M. He shall be allowed his actual traveling ex- penses when visiting the schools of his county. 12. The surveyor, fifteen hundred dollars per annum, and his actual traveling expenses vvhen in the field. He shall receive eight dollars per day when engaged in official work other than county business. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month, as salaries of the county officers are paid, which shall be in full for all ser- vices rendered by them in criminal cases: In townships having a population of eight thousand or more, seventy- five dollars per month; in townships having a population of six thousand and less than eight thousand, fifty dollars per month; in townships having a population of four thousand and less tnan six thousand, twenty-five dollars per month; in townships having a population of two thousand and less than four thousand, fifteen dollars per month; in townships having a population of one thousand and less than two thousand, ten dollars per month; in townships having a population of less than one thousand, five dollars per month. Each justice must pay into the county treasury, once a month, all fines collected by him in criminal cases, and the auditor shall withhold warrant COUNTY GOVERNMENT. 239 for salary until a sworn statement has been filed with him of all criminal cases tried and fines collected and paid into the county treasury. In addition to the monthly salary allowed herein, each justice may receive for his own use in civil cases the fees allowed by law. For all services ap- pertaining to the coroner's oSice which the coroner is un- able to attend to, the justice of the peace shall receive the same fees as are allowed the coroner in similar cases. 14. Constables shall receive the following monthly sal- aries, to be paid each month as the salaries of county officers are paid, which shall be in full for all services ren- dered by them in criminal cases: In townships having a population of eight thousand or more, seventy-five dollars a month; in townships having a population of six thousand and less than eight thousand, fifty dollars a month; in townships having a population of four thousand and less than six thousand, twenty-five dollars a month; in town- ships having a population of two thousand and less than four thousand, fifteen dollars a month; in townships hav- ing a population of one thousand, and less than two thou- sand, ten dollars a month; in townships having a popula- tion of less than one thousand, five dollars a month; pro- vided further, that in addition to the salary herein allowed, each constable shall be paid out of the treasury of the county for traveling expenses outside of his own township, for service of a Vvfarrant of arrest, or any other paper in a criminal case, both going and returning, ten cents per mile; for each mile traveled out of his county, both going and returning from the place of arrest or other service, five cents per mile. For transporting prisoners to the county jail, the actual cost of such transportation. In addition to the monthly salary allowed him herein, each constable shall receive for his own use in civil cases the fees allowed by law. 15. The population of the several judicial townships shall be determined by the last United States census, and in case townships are formed after the taking of the census then the population shall be determined by multiplying the vote for presidential electors cast in such township at the last preceding general election by five. 16. Each supervisor, five hundred dollars per annum, and fifteen cents per mile one way for traveling from his residence to the county seat; provided, that not more 240 COUNTY GOVERXMENT. than four mileages shall be allowed in any one month. When serving as read comfnissioner, such fees as are now or may be hereafter allowed by law. 17. In counties of this class the official reporter of the superior court shall receive as full compensation for taking notes in civil and criminal cases tried in said court, and for taking notes of the proceedings and testimony at all coroner's inquests in the county, when requested by the coroner, and for taking notes of the testimony and pro- ceedings in • all examinations before committing magis- trates, when requested bj" the district attorney, a month- ly salary of one hundred dollars, payable out of the county treasury, at the same time and in the same manner as the salaries of county officers; and for transcription of said notes when required he shall receive the sum of five cents per folio for the original and five cents per folio for copy, said compensation for transcription in criminal cases, coroner's inquests, and preliminary examinations to be audited and allowed by the board of supervisors as other claims against the county and paid out of the county treasury, and in civil cases to be paid by the party order- ing the same, or when ordered by the judge by either party, or jointly by both parties, as the court may direct. When necessary for such reporter to travel away from the county seat in the performance of his duty, he shall receive his actual and necessary traveling expenses, to be allowed and paid by the board of supervisors as are other county charges. 18. The provisions of this section shall take effect and be in full force from and after the passage of this act. [Amendment approved March 23, 1901; Stats. 1901, 736.] Sec. 177%. In counties of the twentieth class the treas- urer may appoint one deputy, who shall receive from the county a salary of forty dollars (|40.00) per month, to be paid by such county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the treasurer. LNew section added March 16, 1903; Stats. 1903, 156. In effect immediately.] Sec. 178. In counties of the twenty-first class county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. COUNTY GOVERNMENT. 241 and when a great register of votes is ordered he shall re- ceive six hundred and fifty dollars additional, which shall be in full for all services rendered in registering votes and making the great register. 2. The sheriff, six thousand dollars per annum. The sheriff shall also receive for his own use, for serving all papers issued from justices' courts, the same fees as are now or may be hereafter allowed by law to constables for like service. 3. The recorder, three thousand two hundred dollars per annum. 4. The auditor, eight hundred dollars per annum. 5. The treasurer, two thousand five hundred dollars per annum. 6. The tax collector, six hundred and fifty dollars per annum. 7. The assessor, five thousand five hundred dollars per annum. 8. The district attorney, two thousand five hundred dol- lars per annum; and the district attorney may appoint one deputy, which office is hereby created, at a salary of six hundred dollars per annum. The deputy district at- torney to hold office at the pleasure of the district at- torney. The salary of such deputy to be paid monthly and in the same manner as salaries of county officers are now paid. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, four hundred dollars per annum. 11. The superintendent of schools, two thousand dollars per annum; provided, if he shall engage in any other occupation during his term of office his salary shall only be six hundred dollars per annum. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Each member of the board of supervisors shall re- ceive for his services the sum of nine hundred dollars per annum, and twenty cents per mile in traveling to and from his residence to the county seat; provided, that no more than one mileage at any one term of the board shall be allowed, and that one fourth of the annual salary Gen. Laws— 11 242 COUNTY GOVERNMENT. shall be paid at the close of each quarterly session of the board. 14. Justices of the peace, such fees as are now or may be hereafter allowed by law; provided, that justices of the peace of townships containing four thousand five hundred inhabitants or more shall be allowed a salary of six hun- dred dollars per annum, payable monthly and in the same manner as salaries of county ofl^cers are paid, and shall be in full for all services rendered by him in criminal cases; provided further, that justices of the peace shall, before receiving their monthly salary, file with the audi- tor a statement of all fines received, together with the treasurer's receipt for same. All fines collected by justices of the peace shall be turned over to the county treasurer of said county within ten days after receipt of same; pro- vided, that all fines collected for city offenses shall be turned over to the city treasurer of the city where the offense shall have been committed. In addition to the monthly salaries herein allowed, each justice of the peace may receive and retain for his own use such fees as are now or may be hereafter allowed by law, for all services rendered by him in civil actions. 15. Constables, such fees as are now or may be hereafter allowed by law; provided, that constables of townships containing four thousand five hundred inhabitants or more shall be allowed a salary of four hundred and eighty dol- lars per annum, payable monthly and in the same manner as county officers are paid, and shall be in full for all services rendered by them in ci'iminal cases. In addition to the monthly salary herein allowed, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law, for all services rendered by him in civil actions. 16. In counties of this class the official reporter of the superior court shall receive such fees as are now or may be hereafter allowed by law, and when necessary for such reporter to travel away from the county seat In the per- formance of his duty, he shall receive his actual and neces- sary traveling expenses, to be allowed and paid by the board of supervisors as are other county charges. 17. All portions of this section referring to the county clerk, auditor, sheriff, deputy district attorney, justices of the peace, constables, and court reporter, in so far as their COUNTY GOVERNMENT. 243 salaries or fees are concerned, shall take effect and be in full force from and after the passage of this act. 18. In counties of this class grand jurors and jurors in the superior court shall each receive for each day's attend- ance the sum of three dollars, and for each mile actually and necessai'ily traveled from their residence to the county seat the sum of tvi^enty-five cents; said mileage to be al- lowed but once during each session such jurors are re- quired to attend. [Amendment approved March 23, 1901; Stats. 1901, 739. In effect 12 M. on first Monday after January 1, 1903.] Sec. 179. In counties of the twenty-second class the county officers shall receive, as compensation for the ser- vices required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum, and when a new great register of voters is ordered, he shall receive three hundred dollars additional, which shall be in full for all services required in registering voters and making the great register. 2. The sheriff, fifty-one hundred dollars per annum, which includes the fifteen hundred dollars heretofore al- lowed the under-sheriff. He shall also have for his own use all fees for service of all papers served by him and issued without his county. The said fifty-one hundred dollars to be in full of all fees or percentages as license collector. 3. The recorder, thirty-two hundred dollars per annum, in full of all services, including filing and recording mining and other location notices. 4. The auditor, twelve hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, twelve hundred dollars per annum, and he is hereby allowed in addition thereto ten deputies, to be appointed by him, who shall each receive four dollars per day for not exceeding three months in any calendar year, while engaged in the performance of their duties; pro- vided, that the amount paid for services of deputy assessors shall not exceed twenty-four hundred dollars in any one year. 8. The district attorney, twenty-one hundred dollars per annum, and he is hereby allowed in addition thereto 244 COUNTY GOVEK.N.MEXT. one deputy appointed by him, who shall receive nine hun- dred dollars pei' annum. 9. The coroner, such fees as are now or may be here- after allowed by laCv. 10. The public administr'ktor, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eighteen hundred dol- lars per annum, and necessary expenses for traveling in visiting schools in the county, to be allowed by the super- visors of the county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. For the purpose of regulating the compensation of justices of the peace and constables, townships in this class of counties are hereby classified according to their population, as shown by the federal census of nineteen hundred, as follows: Townships having a population of three thousand or more shall belong to and be known as townships of the first class; townships having a population of two thou- sand and less than three thousand, shall belong to and be known as townships of the second class; townships hav- ing a population of one thousand six hundred and less than two thousand shall belong to and be known as town- ships of the third class; and townships having a popula- tion of less than one thousand six hundred shall belong to and be known as townships of the fourth class. Justices of the peace shall receive the following salaries, which shall be paid monthly, in the same manner as the salaries of county officers are paid, out of the general fund of the county, and which shall be in full of all ser- vices rendered bj' them in criminal cases, to wit: In townships of the first class, eighty-five dollars per month; in townships of the second class, seventy-five dol- lars per month; in townships of the third class, twenty dollars per month; and in townships of the fourth class, ten dollars per month. In addition to the monthly salaries herein allowed for services in criminal actions, cases and examinations, each justice of the peace may, for his own use, collect the fol- lowing fees, and no other, in civil actions: Each justice of the peace shall be allowed, in civil actions before him, for all services to be performed by him COUNTY GOVERNMENT. 245 before trial, tliree dollars; and for the trial, and all pro- ceedings subsequent thereto, including all affidavits, swearing of witnesses and jury, and the entry of judgment and issue of execution thereon, four dollars; and fifteen cents for each hour actually engaged in such trial after the expiration of eight hours; and in all cases where judg- ment is rendered by default or confession, for all services, including execution and satisfaction of judgment, three dollars. For certificate and transmitting transcript and papers on appeal, one dollar. For copies of papers on docket, per folio, ten cents. For issuing a search warrant, to be paid by the party demanding the same, fifty cents. For celebrating a marriage and returning a certificate thereof to the county recorder, three dollars. For taking an acknowledgment of any instrument, for the first name, fifty cents; for each additional name, twen- ty-five cents. For taking depositions, per folio, fifteen cents. For all services connected with the posting of estrays, one dollar. In cases before the justice of the peace, when the venue shall be changed, the justice before whom the action shall be brought, for all services rendered, including the making up and transmission of the transcript and papers, shall receive three dollars; and the justice of the peace before whom the trial shall take place shall receive the same fees as if the action had been commenced before him. For performing the duties of coroner, when the coroner fails to act, the same fees and mileage as are allowed the coroner in like cases. For issuing each process, writ, order, or paper required by law to be issued, not otherwise provided for, twenty- five cents. For each certificate or affidavit not otherwise herein provided for, twenty-five cents. For administering oath or affirmation not otherwise here- in provided for, twenty-five cents. For taking and approving bond or undertaking, includ- ing the justification of sureties, fifty cents. 14. Constables shall receive the following salaries, which shall be paid monthly, in the same manner as the salaries 246 COUNTY GOVERNMENT. of county officers are paid, out of the general fund of the county, and which shall be in full of all services rendered by them in criminal cases, to-wit: In townships of the first class, one hundred dollars per month; in townships of the second class, seventy-five dol- lars per month; in townships of the third class, twenty dollars per month, and in townships of the fourth class, ten dollars per month. In addition to the monthly sal- aries herein allowed for services in criminal actions, cases and proceedings, each constable shall also be allowed all necessary expenses actually and properly incurred, in ar- resting and conveying prisoners to court or to prison, and also all necessary expenses actually incurred in the trans- portation of prisoners from prison to court, and the return of said prisoners to prison; and shall be allowed, also, for each mile actually traveled, both in going and coming, in the service of subpoenas, in criminal cases, per mile, ten cents; which said expenses and mileage shall be au- dited and allowed by the board of supervisors as other claims against the county are audited and allowed, and shall be paid out of the county treasury. In addition to the monthly salaries herein allowed for services in "criminal actions and cases, each constable may, for his own use, collect the following fees, and no others, in civil actions: For serving summons and complaint, for each defendant served, fifty cents. For each copy of summons for service, when actually made by him, twenty-five cents. For levying writ of attachment or execution, or execut- ing order of arrest, or for the delivery of personal prop- erty, one dollar. For serving writ of attachment or execution on any ship, boat, or vessel, three dollars. For keeping personal property, such sum as the court may order; but no more than one dollar and fifty cents per day shall be allowed for a keeper when necessarily employed. For taking bond or undertaking, fifty cents. For copies of writ and other papers, except summons, complaint, and subpoenas, per folio, ten cents; provided, that when correct copies are furnished to him for use, no charge shall be made for such copies. COUNTY GOVERNMENT. 247 For serving any writ, notice, or order, except summons, complaint, and subpoenas, for eacli person served, fifty cents. For writing and posting each notice of sale of property, fifty cents. For furnishing notice for publication, twenty-five cents. For serving subpoenas, each witness, including copy, twenty-five cents. For collecting money on execution, one and one half per cent. For executing and delivering certificate of sale, fifty cents. For executing and delivering constable's deed, one dol- lar and fifty cents. For each mile actually traveled within his township in the service of any writ, order, or paper, in civil actions, in going only, per mile, twenty-five cents. For traveling outside of his township to serve such writ, order, or paper, in civil actions, in going only, twenty-five cents per mile; provided, that a constable shall not be re- quired to travel outside of his township to serve any civil process, order, or paper. No constructive mileage shall be charged, allowed, or paid, in criminal or civil cases. For each day's attendance in court, in civil cases, three dollars per day. For executing a search warrant, two dollars; and for each mile necessan . traveled within his county in exe- cuting a search warrant, both in going and returning from place of search, fifteen cents; said fee and mileage to be paid by the party demanding the search. For summoning a jury, in civil cases, two dollars, in- cluding mileage. For commissions for receiving and paying over money on execution without levy, or when the goods or land levied on shall not be sold, one per cent. The fees herein allowed for the levy of an execution, and for making or collecting the money on execution, shall be collected from the judg- ment debtor, by virtue of such execution, in the same manner as the sum herein directed to be paid. County officers must, and township officers may, demand the payment of all fees in advance. Justices of the peace shall, on or before the first Monday of each month, pay into the county treasury all moneys 248 COUNTY GOVERNMENT. collected by them on fines imposed and collected, and all moneys belonging to the county coming from any source. The board of supervisors shall, within sixty days after the passage of this act, establish bj' ordinance, according to the provisions of subdivisions thirteen and fourteen of section twenty-six, the population of the various townships of this class of' counties. 15. Each member of the board of supervisors, five hun- dred dollars per annum and ten cents per mile, one way, between residence and county seat, in attending upon all regular, special or adjourned meetings of the board of supervisors; provided, that the chairman of the board of supervisors may receive twenty-five cents per mile, one way, between residence and the county seat, when attend- ing at the county seat for the single purpose of counting the money in the county treasury, as required by law. 16. In counties of this class the ofiicial reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, and for preliminary examinations in justices' courts, a monthly salary of seventy-five dollars, payable out of the county treasury, at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original, and five cents per folio for a copy; where the reporter is required to transcribe the whole or any part of his notes from day to day as the trial progresses, he shall receive, in addition to said sums hereinbefore provided, the further sum of five cents per folio for the original, and two and one half cents per folio for the copy. Said compensation for transcription in criminal cases to be audited and allowed by tne board of supervisors as other claims against the county, and paid out of the county treasury; and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties as the court may direct; provided, that where the services of the official reporter are required, in each civil case, the sum of ten dollars per diem, for each day of the trial thereof, shall be paid to the clerk of the court, in advance, one half by each party, or in such other proportion as the court may direct; all per diem fees so collected shall be paid by the clerk into the treasury of the coimty. The COUNTY GOVERNMENT. 249 portion of per diem fees in each case, which were paid by the prevailing party, shall be taxed and allowed as costs in the case; provided, also, that this act, so far as it relates to the official reporter of the superior court in counties of this class, shall take effect immediately. [Amendment approved March 23, 1901. Stats. 1901, 741. In effect 12 M. on first Monday after January 1, 1903.] Sec. 180. In counties of the twenty-third class, the county officers shall receive, as compensation for the services required of them by law or by virtue of their of- fices, the following salaries, to-wit: 1. The county clerk, three thousand six hundred dollars per annum; provided, that in years when a great register is ordered the county clerk shall receive in addition to his regular salary the sum of eight hundred dollars for such service. 2. The sheriff, six thousand dollars per annum. 3. The recorder, two thousand dollars per annum. 4. The auditor, one thousand two hundred dollars per annum. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, three thousand five hundred dollars per annum. 8. The district attorney, twenty-four hundred dollars per annum; assistant district attorney, nine hundred dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dol- lars per annum. 12. The surveyor, such fees as are now or may be here- after allovv'ed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be here- after allowed by law, not to exceed the sum of eighty dollars per month. 15. Each member of the board of supervisors, ten dol- lars per day, not exceeding six working days each month, at any regular sessioa. and ten dollars per day while sit- 250 COUXTY GOVERNMENT. ting as a board of equalization, or in special sessions, not to exceed fifteen working days in any one year, and mile- age when acting as road commissioner, twenty-five cents per mile, one way; provided, the amount of mileage shall not exceed the sum of three hundred dollars in any one year. 16. Members of the board of education, each the sum of five dollars per day for actual service, together with mile- age at ten cents per mile. [Amendment approved March 23, 1901. Stats. 1901, 745. In effect 12 M. on first Monday 'after January 1, 1903.] Sec. 181. In counties of the twenty-fourth class the county officers shall receive, as compensation for the ser- vices required of them by law or by virtue of their offices, the following salaries, to-wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, six thousand dollars per annum. 3. The recorder, two thousand dollars per annum. 4. The auditor, one thousand dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, twenty-four hundred dollars per annum. 8. The district attorney, eighteen hundred dollars per annum. 9. The coroner, such fees are as now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dol- lars per annum, and his reasonable traveling expenses in- curred in visiting schools of the county, to be fixed and allowed by the board of supervisors, not to exceed the sum of five hundred dollars per annum; provided, he shall de- vote his entire time to the duties of said office. 12. The surveyor, such fees as are now or may be here- after allowed by law; pi'ovided, he shall be given all work for the county in which the county employs a sur- veyor or civil engineer; and provided further, that it shall be the duty of the board of supervisors of counties of this class to so employ him. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. COUNTY GOVERNMENT. 2ol ; / 14. Constables, such fees as are now or may be here after allowed by law. 15. Each member of the board of supervisors, five hun dred dollars per annum, and mileage at the rate of twenty cents per mile from his home to and from the county seat. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, and when requested by the district attorney, for preliminary examinations in justice's court, a monthly salary of one hundred dollars, payable out of the county treasury, at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when i-equired, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for a transcription in criminal cases to be audited and allowed by the board of super- visors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by tne judge, by either party, or jointly by both parties, as the court may direct. [Amendment approved March 23, 1901. Stats. 1901, 746. In effect 12 M. on first Monday after January 1, 1903.3 Sec. 182. In counties of the twenty-fifth class the offi- cers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, four thousand dollars per annum. 2. The sheriff, five thousand five hundred dollars per annum. 3. The recorder, two thousand dollars per annum, and six cents f-or each folio recorded; provided, that the six cents per folio for recording shall go into effect imme- diately. 4. The auditor, twenty-four hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, two thousand dollars per annum, and one deputy, at nine hundred dollars per annum. 7. The assessor, four thousand dollars per annum, and one deputy, at a salary of nine hundred dollars per annum; 252 COUNTY GOVERXMENT. provided, that the salary for the deputy shall take effect immediately. 8. The district attorney, fifteen hundred dollars per an- num. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thousand five hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor shall receive one thousand five hundred dollars per annum for all work performed for the county, and in addition thereto, actual traveling and other neces- sary expenses incurred in connection with field work; provided, that whenever the surveyor is directed by the assessor to plat, trace, or otherwise prepare maps, plats, or block book for the use of the county assessor, he shall be allowed only the actual cost of preparing the same. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be here- after allowed by law. 15. Each supervisor, five hundred dollars per annum, and ten cents per mile for traveling from his residence to the county seat; provided, that not more than one mile- age for one session of the board shall be allowed. For serving as road commissioner, two hundred dollars per annum. [Amendment approved March 23, 1901. Stats. 1901, 747. In effect 12 M. on first Monday after January 1, 1903.] Sec. 183. In counties of the twenty-sixth class the officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, five thousand dollars per annum, and twelve and a half cents for each elector registered. The provisions of this subdivision shall take effect im- mediately. 2. The sheriff, seven thousand dollars per annum. He may retain for his own use the mileage and fees for the service of papers or process issued by any court of this state outside of his county. COUNTY GOVERNMENT. 253 3. The recorder, sixteen hundred dollars per annum, seven cents for each folio recorded, and five cents for each name indexed. The provisions of this subdivision shall take effect immediately. 4. The auditor, two thousand dollars per annum. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, three thousand dollars per annum. 7. The assessor, five thousand dollars per annum. 8. The district attorney, four thousand dollars per an- num; provided, that he shall be disqualified from engaging in any cause or action to v/hich the county or state is not a party. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eighteen hundred dollars per annum (which snail include his services as a member of the board of education), and his actual travel- ing expenses when visiting schools, not to exceed ten dol- lars per district, and the provisions of this subdivision shall take effect immediately. 12. The surveyor shall receive twelve hundred dollars per annum, and traveling and ofiicial expenses in the county. 13. For the purpose of regulating the compensation of justices of the peace and constables, townships in this class of counties are hereby classified according to popu- lation, as shown by the federal census of nineteen hun- dred, as follows: Townships containing a population of five thousand or more shall be known as tov/nships of the first class; townships containing a population of less than five thousand and more than two thousand shall be known as townships of the second class; townships containing less than two thousand population and more than one thousand shall be known as townships of the third class; townships having less than one thousand population shall be known as townships of the fourth class. In townships of the first class the constables and jus- tices of the peace shall receive a salary of one nundred and twenty-five dollars per month, payable as the salary of county officers are paid; and constables may retain the 254 COUNTY GOVERNMENT. fees allowed by law for services in civil cases, but justices shall pay all fees and fines into the county treasury. In townships of the second class the constables and justices shall receive the fees that are now or may here- after be allowed by law, not exceeding one hundred dollars in any month in criminal cases. In townships of the third class the constables and jus- tices shall receive the fees that are now or may hereafter be allowed by law, not exceeding seventy-five dollars in any month in criminal cases. In townships of the fourth class the constables and justices shall receive the fees that are now or may here- after be allowed by law, not exceeding fifty dollars in any month in criminal cases. 14. Each supervisor, six dollars per day while in the service of the county, and thirty cents per mile for trav- eling from his residence to the county seat. 15. The official reporter of the superior court shall re- ceive, as full compensation in taking notes in civil and criminal cases tried in said court, a monthly salary of one hundred and fifty dollars, payable out of the county treasury at the same time and in the same manner and from the same fund as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of fifteen cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the count J'', and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or when ordered by the judge, by either party, or jointly by both parties, as the court may direct. The provisions of this subdivision shall take effect immediately. [Amendment approved March 23, 1901. Stats. 1901, 748. In effect im- mediately.] Sec. 184. In counties of the twenty-seventh class th€ county officers shall receive, as compensation for the sei vices required of them by law or by virtue of their oflices,' the following salaries, to wit: 1. The county clerk, three thousand dollars per annum, and five hundred dollars additional per annum for compil- ing great register of the county. 2. The sheriff, five thousand dollars per annum, and the COUNTY GOVERNMENT. 255 fees, mileage, or commissions for the services of all pa- pers whatever issued by any court outside of his county, and all mileage for service of papers issued out of any civil ease in his own county. 3. The recorder, two thousand dollars per annum. 4. The auditor, five hundred dollars per annum. 5. The treasurer, two thousand dollars per annum, and fees as now provided. 6. The tax collector, two thousand dollars per annum, and fees on delinriuent poll taxes, v/hich shall be in full for all seivices as tax collector, and as license collector. 7. The assessor, three thousand two hundred dollars per annum. 8. The district attorney, two thousand dollars per an- num. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. Superintendent of schools, one thousand six hundred dollars per annum, and actual traveling expenses when visiting the schools of the county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. For the purpose of regulating the compensation of justices of the peace and constables, townships in this class of counties are hereby classified according to their population, as shown by the federal census of nineteen hundred, as follows: Townships having a population of five thousand or more shall belong to and be known as townships of the first class; townships having a popula- tion of three thousand and less than five thousand, shall belong to and be known as townships of the second class; townships having a population of one thousand and less than three thousand shall belong to and be known as townships of the third class; and townships having a popu- lation of less than one thousand shall belong to and be known as townships of the fourth class. Justices of the peace and constables shall receive the following salaries, which shall be paid monthly, in the same manner as sal- aries of county officers are paid, and which shall be in full of all services rendered by them in criminal cases, to wit: In townships of the first class, seventy-five dol- 256 COUNTY GOVERNMENT. lars; in townships of the second class, fifty-five dollars; in townships of the third class, thirty dollars; and in townships of the fourth class, twenty dollars. In addition to the monthly salaries herein allowed, each justice of the peace and constable may receive and re- tain for his own use such fees as are now or may hereafter be allowed by law, for all services rendered by him in civil actions. Constables shall also be allowed all necessary expenses actually incurred in arresting and conveying prisoners to court or to prison, which said expense shall be audited and allowed by the board of supervisors and paid out of the county treasury. 14. In counties of this class the ofiicial reporter of the superior court shall receive as full compensation for tak- ing notes in civil and criminal cases in the superior court, tried therein, and at preliminary examinations before the justices' courts of the county and for taking notes at all coroners' inquests, a monthly salary of one hundred and twenty-five dollars, payable out of the county treasury at the same time and in the same manner as the salary of other county officers, and for transcription of said notes, when required, the sum of ten cents per folio for the orig- inal and five cents per folio for a copy shall be paid the reporter making the transcription; provided, that said official reporter herein designated shall perform all the services necessary in the superior court of the county, at all preliminary examinations held before justices of the peace of the county, and at all coroners' inquests. Said compensation for transcription in criminal cases, at pre- liminary examinations, and at coroners' inquests to be allowed on the order of the court, or the coroner, as the case may be, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. Said official re- porter shall furnish his own typewriting machine, and shall also receive from the county his actual traveling expenses, when required to travel to and from any justice's court vvithin the county, except the county seat. 15. Each member of the board of supervisors shall re- ceive one thousand dollars per annum, payable monthly, which shall be in full for all services as supervisors. The proA'^isions of subdivisions thirteen, fourteen, and COUNTY GOVERNMENT. 257 fifteen of this section shall take effect and be iu force thirty daj^s from and after the passage of tnis act. [Amendment approved March 23, 1901. Stats. 1901, 750. In effect partly in thirty days and partly 12 M. on first Monday after January 1, 1803.] Sec. 185. In counties of the twenty-eighth class, the county and township officers shall receive, as compensa- tion for the services required of them by law or by virtue of their offices, the following salaries and fees, to wit: 1. The county clerk, three thousand tv/o hundred and fifty dollars per annum. 2. The sheriff, six thousand dollars per annum. 3. The recorder, two thousand two hundred and fifty dollars per annum. 4. The auditor, one thousand dollars per annum. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, four thousand two hundred and fifty dollars per annum. 8. The district attorney, two thousand two hundred and fifty dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allov/ed by law. 11. Superintendent of schools, eighteen hundred dollars per annum, including services on board of education. He shall be allowed his actual traveling expenses, not to ex- ceed three hundred dollars per annum. 12. The surveyor shall receive a per diem of ten dollars for all work performed for the county, and in addition thereto, all necessary expenses and transportation on work performed in the field. 13. The justices of the peace, such fees as are now or may hereafter be allowed by law; provided, that the amount allowed by the board of supervisors for services in prosecutions under section six hundred and forty-seven of the Penal Code, and prosecutions for fraudulently evad- ing or attempting to evade the payment of fare for travel- ing on any railroad, shall not exceed twenty dollars for any one month; provided, further, that the amount allowed by the board of supervisors for services in prosecutions of misdemeanor cases otiier than those hereinbefore speci- 258 COUNTY GOVERN.MENT. fied in this subdivision, stiall not exceed the sum of thirty dollars for any one month. 14. The constables shall receive the following fees, to wit: For serving summons and complaint, for each de- fendant served, one dollar; for each copy of summons for service when made by him, twenty-five cents; for levying writ of attachment or execution or executing order of ar- rest or for the delivery of personal property, one dollar; for keeping personal property, such sum as the court may order, but no more than two dollars per day shall be allowed for a keeper when necessarily employed; for taking bond or undertaking, fifty cents; for copies of writs and other papers, except summons, complaints and sub- poenas, per folio ten cents; provided, that when correct copies are furnished him for use, no charge shall be made lor copies; for serving any writ, notice or order, except summons, complaint or subpoenas, for each person served, fifty cents; for writing and posting each notice of sale of property, twenty-five cents; for furnishing notice for publication, twenty-five cents; for serving subpoenas, each witness, including copy, twenty-five cents; for collecting money on execution, two and one half per cent, to be charged against the defendant named in the execution; for executing and delivering certificate of sale, one dol- lar; for executing and delivering constable's deed, two dollars; for every mile necessarily traveled in his town- ship, in going only, to serve any civil or criminal process or paper, or to take a prisoner before a magistrate or to prison, twenty-five cents; outside of his township, but within his county, ten cents; but when two or more per- sons are served or summoned in the same suit and at the same time, mileage shall be charged only for the more distant if they live in the same direction; for each mile necessarily traveled outside of his county in making criminal arrests, both going and returning from place of arrest, five cents; in transporting prisoners to the county jail, or before a magistrate, either upon arrest or for trial or examination, or after conviction, he shall receive in addition to the above mileage, his actual and necessary expenses for himself and prisoner; provided, that where two or more prisoners are transported at the same time, no more than one mileage shall be allowed; for making each arrest in criminal cases, one dollar and fifty cents; COUNTY GOVERNMENT. 259 for sales of estrays, the same fees as for sales on execu- tion; for summoning a jury, two dollars, including mileage; for all other services, the same fees as are allowed sheriffs for like services;- provided further, that no more than sixty dollars shall be allowed to any constable in counties of this class |in any one month for fees and mileage in criminal mattprs. 15. Each supervisor, six hundred dollars per annum, and twenty cents per mile for traveling from his residence to and from the county seat; provided, such mileage shall not be allowed more than once a month; and for his ser- vices as road commissioner, he shall receive twenty cents per mile one v/ay for all distances actually and necessarily traveled by him in the performance of his duties; pro- vided, he shall not in any one year receive more than three hundred dollars as such road commissioner. 16. In counties of this class grand jurors and jurors in the superior court shall receive for each day's attendance the sum of three dollars, and for each mile actually and necessarily traveled from their residence to the county seat, the sum of twenty-five cents; such mileage to be allowed but once during each session such jurors are required to attend. [Amendment approved March 19, 1903. Stats. 1903, 230. In effect in sixty days.] Sec. 186. In counties of the twenty-ninth class the county ofiicers shall receive, as compensation for the services required of them by law or by virtue of their oflfices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, four thousand five hundred dollars per annum; and also all fees for service of papers in actions arising outside of his coointy. 3. The recorder, one thousand eight hundred dollars per annum. 4. The auditor, one thousand two hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, two thousand five hundred dollars per annum. 8. The district attorney, one thousand eight hundred dol- lars per annum. 260 COUNTY GOVERNMENT. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, on.e thousand six hundred and fifty dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be here- after allowed by law, and in addition thereto three dollars per day for each day's actual attendance in court during a jury trial therein or a preliminary examination for fel- ony; provided, that no constable shall receive more than three dollars for any one day's attendance on any court. 15. Each supervisor, fifty dollars per month and mile- age at the rate of ten cents pei* mile for traveling to and from his residence to the county seat at each session. 16. Each member of the board of education, including the secretary, five dollars per day when the board is in session, and ten cents per mile for traveling to and from his or her residence to the county seat at each session, unless otherwise pj-ovided by law. [Amendment approved March 19, 1903. Stats. 1903, 232. In effect immediately.] Sec. 187. In counties of the thirtieth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, four thousand two hundred dollars per annum. Also, the following, to be audited and paid as other county charges: For every mile necessarily trav- eled in executing any warrant of arrest, twenty-five cents per mile; for taking prisoners to magistrate or jail, the actual cost of transportation. 3. The recorder, three thousand dollars per annum, which shall be in full for all services. 4. The auditor, one thousand eight hundred dollars per annum. 5. Tax collector, two thousand dollars per annum. COUNTY GOVERNMENT. 2C1 6. Assessor, three thousand two hundred dollars per annum. 7. The treasurer, one thousand six hundred dollars per annum. 8. The district attorney, one thousand eight hundred dollars per annum. 9. The coroner, such fees as are now or may hereafter be allo".ved-Jjy law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools, two thousand dol- lars per annum, which shall be in full for all services per- formed, including the visiting of the schools of his county; provided, that he may receive such fees as are now or may hereafter be allowed by law for services as a member of the county board of education. 12. The county surveyor shall receive one thousand eight hundred dollars per annum and the necessary cost of transportation to and from, and necessary expenses while in the field when e^igaged on public work. 13. For the purpose of regulating the compensa-tion of justices* of the peace, tov/nships in this class of counties are hereby classified according to their population as shown by the federal census of one thousand nine hundred, as follows: Townships having a population of four thousand or more shall belong to and be known as townships of the first class; townships having a population of two thousand and less than four thousand shall belong to and be known as townships of the second class; townships having a popula- tion of one thousand and less than two thousand shall be- long to and be known as townships of the third class; townships having a population of over five hundred and less than one tliousand shall belong to and be known as townships of the jfourth class; and townships having a population of less than five hundred shall belong to and be known as tov^-nships of the fifth class. Justices of the peace shall receive the following sal- aries, which shall be paid monthly, in the same manner such salaries of county officers are paid, and shai^ be in full of all services rendered by them in criminal cases; provided, however, that if two justices of the peace shall be elected and qualify in any township, then the said jus- 262 COUNTY GOVERNMENT, tices shall each receive one half (lo) of the salary herein provided for: In townships of the first class, seventy dollars; In townships of the second class, sixty dollars; In townships of the third class, forty dollars; In townships of the fourth class, twenty dollars; In townships of the fifth class, ten dollars; provided, that each justice of the peace shall, before receiving his monthly salary, file with the auditor a statement of all fines received, together with the treasurer's receipt for the same. In addition to the monthly salaries herein al- lowed, each justice of the peace may receive and retain for his own use such fees as are now or may hereafter be allowed by law, for all services rendered by him in civil actions. 14. For the purpose of regulating the salaries of con- stables, townships in this class of counties are hereby classified according to their population as shown by the federal census of one thousand nine hundred, as follows: Townships having a population of four thousand or more shall belong to and be know^n as townships of the first class; townships having a population of two thousand and less than four thousand shall belong to and be known as townships of the second class; townships having a popula- tion of one thousand and less than two thousand shall be- long to and be known as townships of the third class; townships having a population of over five hundred and less than one thousand shall belong to and be known as townships of the fourth class; and townships having a population of less than five hundred shall belong lo and be known as townships of the fifth "class. Constables shall receive the following salaries, which shall be paid monthly, in the same manner as such salaries of county otncers are paid, and shall be in full of all services rendered by them in criminal cases; provided, however, that if two consta- bles shall be elected and qualify in any township, then each of the said constables shall each receive one half (1^) of the salary herein provided for: In townships of the first class, eighty dollars; In townships of the second class, seventy dollars; In townships of the third class, fifty dollars; In townships of the fourth class, twenty-five dollars; COUNTY GOVERNMENT. 2G3 In townships of the fifth class, ten dollarn. In addition to the monthly salaries herein allowed, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions, and shall also be allowed all necessary expenses actually incurred in arresting^ and conveying prisoners to court or to prison, which said expenses shall be audited and allowed by the board of supervisors and paid out of the county treasury. 15. Each supervisor, six dollars per day when the beard is in session, and twenty cents per mile for traveling from his residence to the county seat. For his services as road commissioner, three hundred dollars per annum, payable in monthly installments. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in all civil and criminal causes and pro- ceedings in said court, and for taking notes of the pro- ceedings and testimony at all coroner's inquests in the county, and for taking notes of the testimony and pro- ceedings in all examinations before committing magis- trates, and for taking notes of the testimony and proceedings of cases and commissions for the examination of persons charged with being of unsound mind, a monthly salary of one hundred dollars, payable out of the county treasury at the same time and in the same manner as the salaries of county officers; and for the transcription of said notes, when the transcription thereof is required by law, or by order of the court, or by demand of any party to the suit or proceeding, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in all criminal cases and coroner's inquests and examinations of persons charged with being of unsound mind, to be audited and allowed by the board of supervisors, as other claims against the county, and in civil cases and proceedings to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by botn parties, when and in such proportions as the court may direct. When necessary for such reporter to travel away from the county seat, he shall receive his actual and necessary traveling expenses, to be allowed and paid by the board of supervisors as are other county charges. [Amendment 264 COUNTY GOVERNMENT. approved March 23, 1901. Stats. 1901, 754. In effect 12 M. on first Monday after January 1, 1903.] Sec. 188. In counties of the thirty-first class, the county officers shall receive, as compensation tor the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum, and when a new great register of voters is ordered, he shall receive five hundred dollars additional, which shall be in full for all services required in registering voters and making the great register. 2. The sheriff, four thousand five hundred dollars per annum. 3. The recorder, two thousand five hundred dollars per annum. 4. The auditor, fifteen hundred dollars per annum. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, twelve hundred dollars per annum. 7. The assessor, three thousand dollars per annum. 8. The district attorney, two thousand three hundred dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thousand six hundred dollars per annum, and actual traveling expenses when visiting the schools of nis county. 12. The county surveyor, one thousand five hundred dollars per annum, he to furnish all necessary instruments; but transportation charges for field work shall be allowed him. He shall not be required to perform county work more than two thirds of the working days in any month except on payment of fees now allowed by law. 13. Justices of the peace, the following monthly salaries, to be paid each month as county c-'Tirers are paid, which shall be in full for all services rendered by them in crim- inal cases: In townships having a population of twenty- five hundred and more, sixty-five dollars. In townships having a population of fifteen hundred and less than twenty-five hundred, forty dollars. In townships having a population of one thousand and less than fifteen hun- dred, twenty-five dollars. In townships having a popula- COUNTY GOVERNMENT. 265 tion of less than one thousand, ten dollars. Each justice must pay into the county treasury once a month, all fines collected by him. In addition to the monthly salary al- lowed herein each justice may receive for his own use such fees as are now or may hereafter be allowed by law, for all services performed by him in civil actions. In all townships having a population of less than twenty-five hundred if there be more than one justice, the compensa- tion allowed herein shall be equally divided between them so that the sum total of their monthly compensation shall not exceed the salary allowed herein for a single justice in such township. 14. Constables, the following salaries, which shall be paid monthly as salaries of county oflicers are paid, and shall be in full for all services rendered by them in crim- inal cases, to wit: In townships having a population of twenty-five hundred or more, seventy dollars. In tovv"n- ships having a population of fifteen hundred and less than twenty-five hundred, forty-five dollars. In townships hav- ing a population of one thousand and less than fifteen hundred, thirty dollars; in townships having a population of less than one thousand, fifteen dollars. In addition to the monthly salary allowed herein each constable may receive and retain for his own use, such fees as are now or may hereafter be allowed by law for all the services performed by him in civil actions. In all townships hav- ing a population less than twenty-five hundred, if there be more than one constable, the compensation herein allowed shall be equally divided between them so that the sum total of their monthly compensation shall not exceed the salary allowed herein for a single constable in such township. The board of supervisors shall during each and every year, ascertain and determine the population of the several townships of the county for the purposes of ascertaining the compensation of township officers regu- lated by this section, in proportion to their duties. 15. Each supervisor, five hundred dollars per annum and bis necessary expenses when attending to the business of his county, other than the meetings of the board, and thirty cents per mile in going from bis residence to the county seat at each meeting of the board, and three hun- dred dollars per annum, payable quarterly, for services as road commissioner. Gen. Laws— 12 266 COUNTY GOVERNMENT. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, and, when requested by the district attorney, in preliminary examinations and inquests, a monthly salary of one hun- dred dollars, payable out of the county treasury at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for the copy; said compensation for transcriptions in criminal cases, preliminary examinations, and inquests, to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the partj' ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. 17. Subdivisions twelve and fifteen of this section shall take effect immediately. [Amendment approved March 23, 1901. Stats. 1901, 757. In effect partly immediately and partly 12 M. on the first Monday after January 1, 1903.] Sec. 189. In counties of the thirty-second class the county officers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, four thousand nve hundred dollars per annum and mileage at the rate of twenty-five cents per mile necessarily traveled, in going only. 3. The recorder, two thousand five hundred dollars per annum. 4. The auditor, one thousand five hundred dollars per annum. 5. The treasurer, one thousand five hundred dollars per annum. 6. The tax collector, two thousand dollars per annum. 7. The assessor, four thousand dollars per annum. 8. The district attorney, one thousand eight hundred dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. COUNTY GOVERNMENT. 267 11. The superintendent of schools, one thousand five hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor shall receive one thousand six hundred dollars per annum for all work performed for the county, and in addition thereto, actual traveling and other neces- sary expenses incurred in connection with field work; provided, that whenever the surveyor is directed by the assessor to plat, trace, or otherwise prepare maps, plats, or block books for the use of the county assessor, he snail be allowed only the actual cost of preparing the same. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month as salaries of the county oflacers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of three thousand five hundred or more, seventy-five dollars per month. In townships having a population of not less than two thou- sand nor more than three thousand five hundred, seventy dollars per month. In townships having a population of not less than twelve hundred nor more than two thousand, fifteen dollars per month. In all townships having a pop- ulation of less than twelve hundred, ten dollars per month. In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be hereafter allowed by law, and shall also collect and retain for his own use such fees as are now or may be hereafter allowed by law for services rendered by him as coroner, when acting as such. 14. Constables shall receive the following monthly sal- aries, to be paid each month as salaries of the councy officers are paid, which shall be in full for all services ren- dered by them in criminal cases: In townships having a population of three thousand five hundred or more, seventy-five dollars per month. In townships having a population of not less than two thousand nor more than three thousand five hundred, seventy dollars per month. In townships having a population of not less than twelve hundred nor more than two thousand, fifteen dollars per month. In all townships having a population of less than twelve hundred, ten dollars per month. In addition to the monthly salary allowed herein, each constable may collect 268 COUNTY GOVERNMENT. and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil actions; and he shall also be allowed his actual and necessary expenses incurred in executing any warrant outside of his county issued by a magistrate or justice of his county. Constables shall also be allowed all necessary expenses actually incurred in arresting and conveying prisoners to the county jail, which said expenses shall be audited and allowed by the board of supervisors, and paid out of the county treasury, 15. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty-five cents per mile, one way only, from his residence to the place of meeting of said board. The secretary of said board of education shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of said board, and of said secretary shall be paid out of the same fund as the salary of the superintend- ent of schools is paid. Claims for such services and mile- age shall be presented to the board of supervisors, and shall be allowed at the rate above named, in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education herein provided is not in addition to that pro- vided in section one thousand seven hundred and seventy of the Political Code. 16. Each supervisor, six hundred dollars per annum, and twenty cents per mile for traveling from his resi- dence to the county seat; provided, that when a super- visor is also road commissioner he shall receive, in addi- tion to the twenty cents per mile allowed to him by law as such road commissioner his actual traveling expenses, the total mileage and expenses not in any one year to exceed the sum of three hundred dollars. [Amendment approved March 19, 1903. Stats. 19u3, 239. In efiect in sixty days.] Sec. 190. In counties of the thirty-third class, the county ofl&cers shall receive, as compensation for the services required of them by law or by virtue of their oflice, the following salaries, to wit: COUNTY GOVERNMENT. 269 1. The county clerk, one thousand five hundred dollars per annum. 2. The sheriff, three thousand five hundred dollars per annum, and a jailer at fifty dollars per month, to be paid out of the county treasury; provided, the sheriff shall also receive for his own use and benefit his necessary ex- penses in all criminal cases, to be allowed as other county charges are allowed by law; and, provided further, that the sheriff shall also receive for his own use and benefit, the mileage, fees, and commissions for all services of all papers whatsoever issued by any court of the state outside of his county. 3. The recorder, one thousand five hundred dollars per annum. 4. The auditor, one thousand dollars per annum. 5. The treasurer, one thousand two hundred dollars per annum. 6. The tax collector, twelve hundred dollars per annum, and a deputy, at four dollars per day, for not more than one hundred days in any one year, to be paid out of the county treasury; provided, that no fees or compensation other than the compensation provided for in this section, shall be allowed the sheriff or tax collector for the collec- tion of licenses in counties of this class. 7. The assessor, two thousand five hundred dollars per annum, and two deputies at a salary of five dollars each per day for not more than one hundred days in any one year, and two deputies additional, at a salai'y of five dol- lars each per day for not more than fifty days in any one year; such deputies to be paid out of the county treasury. ' 8. The district attorney, two thousand dollars per an- num, and necessary traveling expenses to be allowed by the board of supervisors. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law; provided, he shall be given all work 270 COUNTY GOVERNMENT. for tlie county in which the county employs one surveyor or civil engineer. 13. In counties of this class, the township officers shall receive the following compensations, to wit: In town- ships having a population of over four thousand, justices of the peace shall receive a monthly salary of forty-five dollars per month, and constables a monthly salary of sixty-five dollars per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases, but said justices of the peace and constables may retain for their own use the fees allowed by law in civil cases. In townships having a population of more than twenty- seven hundred, and not exceeding four thousand, justices of the peace shall receive a monthly salary of thirty dol- lars per month, and constables a monthly salary of forty dollars per month, 'ihe above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases, but said justices of the peace and constables may retain for their own use the fees allowed by law in civil cases. In townships having a population of more than two thousand and less than twenty-seven hundred, justices of the peace shall receive a monthly salary of twenty-five dollars per month and constables a monthly salary of thirty-five dollars per month. The above named salaries shall be in full compensation for all services of said jus- tices of the peace and constables in criminal cases, but said justices of the peace and constables may retain for their own use the fees allowed by law in civil cases. In townships having a population of less than two thousand, justices of the peace shall receive a monthly salary of twenty dollars per month, and constables a monthly salary of twenty-five dollars per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases, but said justices of the peace and con- stables may retain for their own use the fees allowed by law in civil cases; provided, that in addition to the salary herein allowed, each cons*^able shall be paid out of the county treasury for traveling expenses outside of his township, for services of a warrant of arrest or any other paper in a criminal case, such fees as are now or may COUNTY GOVERNMENT. 271 be hereafter allowed by law; for transporting prisoners to the county jail, the actual expenses of such transporta- tion; and provided further, that for the purpose of this act, the population of the several townships shall be ascer- tained by multiplying the number of registered voters at the last general election of each township, Ly five. In addition to the above salaries allowed said justices of the peace and constables for their services in criminal cases, they may retain for their own use the fees allowed by law in civil cases. 14. Each supervisor six hundred dollars per annum and twenty cents per mile traveling to county seat, which shall be in full compensation for all services, both as supervisor and road commissioner; provided, that in case the said supervisors shall not serve as road commission- ers, the salary for supervisor shall be four hundred dollars per annum. This section shall take effect immediately in so far as it relates to the salaries and fees of justices and constables. 15. All acts or parts of acts in conflict with this act are hereby repealed. [Amendment approved March 19, 1903. Stats. 1903, 241. In effect immediately.] Sec. 191. In counties of the thirty-fourth class the county ofiicers shall receive as compensation for the ser- vices required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, two thousand four hundred dollars per annum, and during each year in which a general elec- tion is held throughout the state he shall in addition to said salary receive each month for the months of August, September, October and November, one hundred dollars, and the same shall be so paid from the same fund as other salaries are paid. 2. The sheriff, four thousand dollars per annum, and the fees, mileage and commissions for the service of all pa- pers issued by any court of the state outside of his county. Also his actual traveling expenses in the execution of a warrant outside of his county issued by a magistrate or court of his county. 3. The recorder, one thousand five hundred dollars per annum; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees required by law to be so collected; and 272 COUNTY GOVERNMENT. provided, that when the amount of said fees collected shall amount to more than one hundred and twenty-five dollars in any month, the recorder may receive and retain for his ovv^n use, in addition to his salary, all fees in excess of one hundred and twenty-five dollars, and not exceeding one hundred and seventy-five dollars, in any month so collect- ed; so that the amount of fees thus received by the re- corder for his own use, plus his salary, shall not exceed the sum of one hundred and seventy-five dollars in any one month. 4. The auditor, one thousand dollars per annum. 5. The treasurer, one thousand four hundred dollars per annum. 6. The tax collector, one thousand two hundred dollars per annum, and ten per cent of all licenses collected by him. 7. The assessor, twenty-six hundred dollars per annum; provided, that in counties of this class there shall be one deputy assessor, who shall be appointed by the assessor of said county and who shall hold office from twelve o'clock meridian of the first Monday of March of eacn year up to twelve o'clock meridian of the first Monday in July of each year. Tiie salary of said deputy assessor herein provided for is hereby fixed at the sum of one hundred dollars per month during which months he shall hold office as herein provided, which said salary shall be paid by said county at the same time and in the same manner and out of the same fund as is the salary of the assessor. 8. The district attorney, fifteen hundred dollars per an- num. 9. The coroner, six hundred dollars per annum. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thousand dojlars per annum, and actual traveling expenses while visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law; provided, he shall be given au work for the county in which the county employs a surveyor or civil engineer; and provided further, that it shall be the duty of the board of supervisors of counties of this class to so employ him. 13. Supervisors, each the sum of six hundred dollars COUNTY GOVERNMENT. 273 per annum for all services performed by them, as super- visors, and members of the board of equalization and road commissioners; provided, that each supervisor shall re- ceive ten cents for each mile traveled by the ordinary route, in going from his residence to the county seat and returning, once during each month. 14. In criminal cases justices of the peace may, for their own use, collect the following fees, and no others: For all services in a criminal action or proceeding, whether on examination or trial, four dollars, excepting that in cases where the examination or trial shall continue more than one day, in which case the justice of the peace shall be entitled to receive four dollars for each day while en- gaged in such trial or examination; for taking bail, after commitment by another magistrate, one dollar; for certifi- cate and transmitting transcript and papers on appeal, one dollar. 15. Constables of townships containing two thousand in- habitants, or more, shrill be allowed as additional com- pensation a salary of twenty dollars per month, payable at the same time and in the same manner as the salaries of other county officers are paid, and the constables in all townships shall receive the following fees in criminal cases: For each day's attendance in court during trial or examination of cases, three dollars; for each mile actually traveled within his township in the service of any writ, order, or paper, except a warrant of arrest, in going only, per mile, twenty -five cents; for traveling outside of his township to serve such writ, order, or paper, in going only, fifteen cents; no constructive mileage allowed; for each mile necessarily traveled within his county in executing a warrant of arrest, both in going and returning from place of arrest, fifteen cents; for each mile traveled out of his county, both going and returning from place of arrest, five cents; for arresting a prisoner and bringing him into court, one dollar, and for bringing prisoner into court each time thereafter, one dollar; for summoning a jury, two dollars, including mileage; for transporting prisoners to the county jail on commitment, the actual cost of such transportation, and fifteen cents per mile each way. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for tak- ing notes in civil and criminal cases tried in said court, 274 COUNTY GOVERNMENT. and for preliminary examinations in justices' courts, a monthly salary of one hundred and twenty-five dollars, payable out of the county treasury, at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall re- ceive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the hoard of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. Jurors' and witness fees, in criminal cases, shall be as follows: 17. For attending as a grand juror or a trial juror in the superior court, in criminal cases only, for each day's at- tendance, per day, three dollars; for each mile actually traveled in attending court as such juror under summons or order of court, in criminal cases, in going only, per mile, twenty-five cents and the county clerk shall certify to the auditor the number of days' attendance and number of miles traveled by each juror, and the auditor shall then draw his warrant therefor and the treasurer shall pay the same. Witness fees shall be as follows: 18. For each day's actual attendance, when legally re- quired to attend upon the superior court, per day, one dollar and fifty cents in criminal cases. Mileage actually traveled, one way only, per mile, ten cents; provided, however, that such per diem and mileage shall only be allowed on a showing to the court, by the witness, that he is in indigent circumstances and is unable to bear the ex- pense incident to attending court, while required so to do, and that such per diem and mileage are necessary for the expenses of the witness in attending; and the court shall determine the necessity for the same, and shall then make an order directing the auditor to draw his warrant on the county treasurer for the amount allowed, and the treasurer shall pay the same. The court may disallow any fee to a witness unnecessarily subpcenaed. This section, so far as it affects the salary of the official COUNTY GOVERNMENT. 275 reporter and the fees of justices of the peace and con- stables, shall take effect immediately; and the provisions of said section, so far as the same relates to jurors' fees, shall take effect August first, nineteen hundred and one. [Amendment approved March 23, 1901; Stats. 1901, 763.] Sec. 192. In counties of the thirty-fifth class, the county officers shall receive, as compensation for the service re- quired of them by law or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, one thousand five hundred dol- lars per annum. 2. The sheriff, four thousand two hundred and fifty dol- lars per annum; provided, . the sheriff shall also receive for his own use and benefit his necessary expenses in all criminal cases, to be allowed as other county charges are allowed by law; and, provided further, that the sheriff shall also receive for his own use and benefit, the mileage, fees, and commissions for all service of all papers what- soever issued by any court of the state outside of his county. 3. The recorder, one thousand eight hundred dollars per annum. 4. The auditor, one thousand dollars per annum. 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector, five hundred dollars per annum; provided, as license collector, he shall, in addition, be en- titled to receive, and retain for his own use and benefit, ten per cent on all licenses collected by him. 7. The assessor, one thousand eight hundred dollars per annum, and one deputy not to exceed five dollars per day for not more than one hundred and twenty-five days in any year, and one field deputy not to exceed five dollars per day, for not more than one hundred and twenty-five days in any one year to be paid out of the county treasury. 8. The district attorney, one thousand eight hundred dol- lars per annum; provided, he may charge and receive for his own use necessary expenses for traveling on county and public business, to be allowed as other county charges are allowed by law. 9. The coroner, such fees as are now or may be here- after allowed by law. 276 COUNTY GOVERNMENT. 10. Tire public administrator, such lees as are now or may be hereafter allowed by law. 11. The superintendent of schools, six hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. And if the board of supervisors pi'ovide that he shall not engage in teaching, then he shall receive one thousand two hundred dollars per annum, and traveling expenses, not to exceed three hundred dollars per annum, which expenses are to be allowed and paid as a county charge. 12. The surveyor, such fees as are now or may be here- after allowed by law; provided, he shall be given all work for the county in which the county employs one surveyor or civil engineer. 13. In counties of this class the township officers, shall receive the following compensation, to wit: In townships having a population of three thousand or more, justices of the peace shall receive a monthly salary of forty dollars per month, and constables a monthly salary of sixty dollars per month. In townships having a population of more than twenty- two hundred and less than three thousand, the justices of the peace shall receive a monthly salary of thirty-five dol- lars per month, and constables a monthly salary of fifty- five dollars per month. In townships having a population of more than eighteen hundred and less than twenty-two hundred, justices of the peace shall receive a monthly salary of thirty dollars per month, and constables a monthly salary of fifty dollars per month. In townships having a population of more than fourteen hundred and [not] less than eighteen hundred, justices of the peace shall receive a monthly salary of twenty-Sve dollars per month, and constables a monthly salary of forty-five dollars per month. In townships having a population of less than fourteen hundred, justices of the peace shall receive a monthly salarj' of twenty-five dollars per month, and constables a monthly salary of forty dollars per month. The above named salaries shall be in full compensation for all ser- vices of said justices of the peace and constables in crim- inal cases; provided, that, in addition to the salary herein allowed, each constable shall be paid out of the treasury COUNTY GOVERNMENT. 277 of the county for traveling expenses outside of his town- ship, for service of a warrant of arrest or any other paper in a criminal case, such fees as they are now or may be hereafter allowed by law, for transporting prisoners to the county jail, the actual expenses of such transportation; and, provided further, that for the purpose of this act, the population of the several townships, shall be ascertained hy multiplying the number of registered voters at the last general election by five. But said justices of the peace and constables may retain for their own use, the fees al- lowed by law in civil cases. 14. Each supervisor, four hundred dollars per annum, and ten cents per mile for traveling to and from his resi- dence to the county seat at each session; and, unless otherwise provided by law, when serving as road commis- sioner, three dollars per day. But he shall not in any one year receive more than three hundred dollars for services as such road commissioner. 15. All acts or parts of acts in conflict with this act are hereby repealed. [Amendment approved March 18, 1903; Stats. 1903, 200. In effect immediately.] Sec. 193. In counties of the thirty-sixth class the county oflBcers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, twenty-two hundred dollars per an- num. 2. The sheriff, forty-five hundred dollars per annum. 3. The recorder, three thousand dollars per annum. 4. The auditor, one thousand dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, one thousand dollars per annum, and five per cent on all licenses collected by him as license collector. 7. The assessor, two thousand dollars per annum. 8. The district attorney, eighteen hundred dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dol- 278 COUNTY GOVERNMENT. lars per annum, and actual traveling expenses when visit- ing the schools of his county. 12. The surveyor, fifteen hundred dollars per annum, which shall be in full for all services required of him by the superior court or the board of supervisors; pro- vided, that he shall be entitled to receive from the county his actual and necessary expenses, incurred in the per- formance of any order of the court or board of supervisors; provided further, that whenever the surveyor is directed by the board of supervisors to plat, trace, or otherwise prepare maps, plats, or block books for the use of the county assessor, he shall be allowed only the actual cost of preparing the same. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be here- after allowed by law. 15. Each supervisor, six dollars per day when the board is in session, and mileage at the rate of ten cents per mile for traveling to and from his residence to the county seat once each session. For services as road commis- sioner, three dollars per day while engaged as such commissioner; provided, however, the amount so allowed as such commissioner shall not exceed three hundred dol- lars in any one year. [Amendment approved March 23, 1901; Stats. 1901, 769. In effect 12 M. on first Monday after January 1, 1903.] Sec. 194. In counties of the thirty-seventh class the county officers shall receive, as compensation for services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, twenty-five hundred dollars per annum. 2. The sheriff, four thousand dollars per annum, and one jailer at a salary of nine hundred dollars per annum. 3. The recorder, eighteen hundred dollars per annum. 4. The auditor, twelve hundred dollars per annum. 5. The treasurer, twelve hundred dollars per annum. 6. The tax collector, fifteen hundred dollars per annum, which shall be in full for all services as tax collector and as license collector. 7. The assessor, fifteen hundred dollars per annum. COUNTY GOVERNMENT. 279 8. The district attorney, eighteen hundred dollars per annum. 9. The coroner, such fees as are now or may hereafter be provided by law. 10. The public administrator, such fees as are now or may hereafter be provided by law. 11. The superintendent of schools, fifteen hundred dol- lars per annum, which sum shall be in full for all services performed as school supeiintendent including expenses for visiting schools, and as a member of the board of edu- cation. 12. The surveyor, such fees as are now or may hereafter be provided by law. 13. Each supervisor shall receive for compensation five dollars per day for all services performed as supervisor and member of the board of equalization, not to exceed the sum of four hundred dollars per annum; also, three dollars per day for each day actually engaged in per- forming the duties of road commissioner, not to exceed three hundred dollars per annum. The supervisors of counties of this class shall be elected from their re- spective supervisoral districts at the next general election as follows, to wit: The term of ofiice of the supervisors elected from the first and third supervisoral districts shall expire in two years from such general election and the term of office of the supervisors elected from the second, fourth and fifth supervisoral districts shall terminate in four years from such general election. 14. In counties of this class the township officers shall receive the following compensations, to wit: In townships having a population of four thousand, justices of the peace shall receive a monthly salary of seventy-five dollars, and constables a monthly salary of seventy-five dollars; the above-named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases; they may also retain for their own use all other fees, except those in criminal cases, as are now or may hereafter be provided by law. In townships having a population of less than four thousand, each justice or the peace and each constable shall receive as compensation for his services such fees as are now or may hereafter be provided by law. •280 COUNTY GOVERNMENT. The compensations herein provided for justices of the peace and constables shall take effect and be in force on and after the first Monday in April, nineteen hundred and one. 15. In counties of this class, the official reporter of the superior court shall receive as full compensation for taking notes in civil and criminal actions tried in said court, and for preliminary examinations in justices' courts, and for his services as reporter at coroner's inquests, a salary of five dollars per diem; and for transcription of said notes, when required, he shall receive a sum of ten cents per folio for the original and five cents per folio for a copy; said compensation per diem and for transcription in civil cases to be paid by the parties to the action in such manner as the court may direct, and in criminal proceed- ings and at coroner's inquests to be audited and allowed by the board of supervisors as other claims against the county and paid out of the county treasury. This act, so far as it relates to counties of the thirty- seventh class, shall take effect immediately as to the office of official reporter, but shall not affect the compensation of other officers during the present term of office except as herein otherwise provided. [Amendment approved March 23, 1901; Stats. ISOl, 769.] Sec. 195. In counties of the thirty-eighth (38) class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, two thousand seven hundred dollars per annum. 2. The sheriff, five thousand dollars per annum, and fees, commissions, and mileage for the service of papers or process coming from courts other than those of his own county. 3. The recorder, one thousand six hundred dollars per annum; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees required by law to be so collected; and provided, that when the amount of said fees collected shall exceed two hundred and fifty dollars in any month, the recorder may receive and retain for his own use, in addition to his salary, one half of all fees in excess of two COUNTY GOVERNMENT. 281 hundred and fifty dollars in any month so collected. But the amount of fees thus received by the recorder for his own use, plus his salary shall not exceed tne sum of two thousand two hundred dollars in any one year. 4. The auditor, one thousand .six hundred dollars per annum. 5. The treasurer, one thousand six hundred dollars per annum, and the~~fees'and commissions now or hereafter allowed by lav/. 6. The tax collector, one thousand dollars per annum, and the fees and commissions now or hereafter allowed by law. 7. The assessor, two thousand eight hundred dollars per annum, and the fees and commissions now or hereafter allowed by law. The assessor shall also be allowed the tollowing deputies, viz: One deputy for each bona fide increase of one hundred real estate statements made for assessment purposes over and above two thousand five 1 undred of such statements, and not to exceed in all four deputies. Each of such deputies shall receive a monthly compensation of one hundred dollars for a period of not to exceed two months in any one year, said compensation to be paid monthly in the same manner as county officers are paid. 8. The district attorney, two thousand dollars per an- num. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools, one thousand five hundred dollars per annum. He shall also be allowed his actual traveling expenses when visiting the schools of the county, which expense shall not exceed the sum of five hundred dollars in any one year. He shall receive nothing for his services as a member of the board of education, and if he shall appoint a deputy, or commissioner of schools, the same shall be at his own cost and expense. 12. The surveyor, one thousand two hundred dollars per annum. It shall be his duty, among other things, to make and correct all necessary plats, maps, and block books for the assessor's office, and all necessary county and road 282 COUNTY GOVERNMENT. maps, and all necessary plans and specifications for bridge work and county buildings; and when necessarily and ac- tually employed in the performance of such work he shall receive, in addition to his monthly salary, a per diem of five dollars for each day so necessarily and actu- ally employed; provided, however, he shall receive nothing for preparing any map or plat necessary to accompany reports made by him on road work, nor for preparing and keeping up the necessary and proper records of his ofiice. He shall at all times be subject to the orders of the board of supervisors. 13. For the purpose of regulating the compensation of justices of the peace and constables, townships of this class of counties are hereby classified according to their population as shown by the federal census of nineteen hundred: Townships having a population of two thou- sand eight hundred and more shall belong to and be known as townships of the first class; townships having a population of two thousand four hundred and less than two thousand eight hundred shall belong to and be knov.'n as townships of the second class; townships having a population of one thousand six hundred and less than two thousand four hundred shall belong to and be known as townships of the third class; townships having a pop- ulation of eight hundred and less than one thousand six hundred shall belong to and be known as townships of the fourth class; townships having a population of six hundred and fifty and less than eight hundred shall belong to and be known as townships of the fifth class; town- ships having a population of less than six hundred shall belong to and be known as townships of the sixth class; provided, that the board of supervisors of the county may. prior to any general election, consolidate two or more of such townships into one. 131o. Justices of the peace shall receive the following monthly salaries, to be paid each month as the county oflacers are paid, which shall be in full compensation for all services rendered by them in criminal cases, to wit: In townships of the first class, seventy dollars; in town- ships of the second class, fifty dollars; in townships of the third class, forty dollars; in townships of the fourth class, forty dollars: in townships of the fifth and sixth class, twenty dollars. In addition to the monthly COUNTY GOVERNMENT. 283 salaries herein allowed, each justice of the peace may re- ceive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions; and justices of the first, second, and third class shall be allowed their office rent, not to exceed the sum of five dollars each, for any one month. Each justice must pay into the county treasury, once a month, all fines collected by him. 14. Constables shall receive the following monthly salaries, to he paid each month as the county ofiicers are paid, which shall be in full compensation for all ser- vices rendered by them in criminal cases, to wit: In townships of the first class, ninety dollars; in townships of the second class, eighty dollars; in townships of the third class, sixty dollars; in townships of the fourth class, fifty dollars; in townships of the fifth and sixth class, thirty dollars. In addition to the monthly salaries herein allowed, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions; and shall also be allowed all necessary expenses actually incurred in arresting and conveying prisoners to court or to prison, which expense shall be audited and allowed by the board of supervisors and paid out of the county treasury; provided further, that when any con- stable is required to go out of his own county to serve a warrant of arrest, or any other paper in a criminal case, he shall be allowed mileage, both going and returning, outside of his own county, at the rate of ten cents per mile. 15. Supervisors, each, the sum of six hundred dollars per annum, and mileage at the rate of ten cents per mile for each mile traveled in going to and from the meeting of the board; provided, that only one mileage at any one session of the board shall be allowed. They shall, from and after the passage of this act, act as road commissioners in their respective districts, and shall thereafter receive for their services as such road commissioners mileage at the rate of twenty cents per mile each, one way, for all distances actually traveled by them in the discharge of their duties as such road commissioners; provided, that such mileage as road commissioner shall not, in any one year, exceed the sum of three hundred dollars for any one of the commissioners. 2S-1 COUNTY GOVERNMENT. 16. The official reporter of the superior court, in the counties of the thirty-eightfn class, shall receive as full compensation for taking notes when his services are de- manded in civil cases, and in criminal cases tried in said court, and when requested by a justice of the peace, coro- ner, or district attorney in preliminary examinations, or in- quests, a salary of one thousand five hundred dollars per annum, payable in equal monthly installments, out of the county treasury, at the same time and in the same manner as the salaries of county officers. He shall also be allowed actual traveling expenses when reporting outside of the county seat. When the services of the reporter are de- manded in any civil matter, there shall be taxed as costs in the case eight dollars per diem for each day of the trial thereof, to be paid to the clerk of the court in advance, one half by each side. For transcription of said notes in criminal cases and in civil cases, when required, said reporter shall receive not to exceed ten cents per folio of one hundred words for the original and five cents per folio for copy. Where the reporter is required to tran- scribe the whole or any part of the testimony during the taking of testimony in the superior court, he shall be entitled to receive and retain for his own use not to ex- ceed fifteen cents per folio for the original, and seven and one half cents per folio for each copy; said compensa- tion to be paid, in civil cases, by the party ordering thp same, and in criminal cases, together with said traveling expenses, to be raulited and allowed by the board of supervisors as other claims against the county and paid out of the county treasury. Per diem fees so collected by tli? clerk shall be paid into the county treasury on the first Monday of each month. This act, so far as it relates to the services and com- pensation of the surveyor and justices of the peace and constables, shall take effect immediately after its pas- sage. 17. Witnesses in criminal cases shall receive one dollar and fifty cents per day, and ten cents per mile for each mile actually traveled, one way only. The court shall make an order directing the auditor to draw his warrant on the county treasurer for the amount due. and the treasurer shall pay the same. The court may disallow any fee to a witness unnecessarily subpcenaed. [Amendment COUNTY GOVERNMENT. 285 approved March 23, 1901; Stats. 1901, 772. In effect 12 M. on first Monday after January 1, 1903.] Sec. 196. In counties of the thirty-ninth class the county officers shall receive, as compensation lor the services re- quired of them by law or by virtue of their ofiice, the fol- lowing salaries, to wit: 1. The county clerk tv.'o thousand two hundred dollars per annum. 2. The sheriff, five thousand dollars per annum, and fees, commissions, and mileage for the service of papers or process coming from courts other than those of his own county. 3. The recorder, one thousand six hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the recorder a copyist, who shall be appointed by the recorder, and paid the salary of fifty dollars per month; said salary to be paid by said county in monthly installments, at the time and in the same manner, and out of the same fund as the salary of the recorder is paid; and provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees required by law to be so collected; and provided, that when the amount of said fees collected shall exceed two hundred dollars in any month, the recorder may receive and retain for his own use, in addition to his salary, one half of all fees in ex- cess of two hundred dollars in any month so collected. But the amount of fees thus received by the recorder for his own use, plus his salary, shall not exceed the sum of two thousand dollars in any one year. 4. The auditor, one thousand six hundred dollars per annum. 5. The treasurer, one thousand six hundred dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, three thousand dollars per annum; pro- vided, that the assessor shall annually revise the plats in his office, and prepare the military roll at his own cost and expense. 8. The district attorney, one thousand eight hundred dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 286 COUNTY GOVERNMENT. 10. The public administrator, such fees as are now or may be hereafter allov\-e(i by law. 11. The superintendent of schools, one thousand four hundred dollars per annum, including services upon the board of education. He shall be allowed his actual travel- ing expenses when visiting schools of his county, which expenses shall not exceed the sum of three hundred dollars in any one year; provided, that in counties of this class there shall be and is hereby allowed to the superin- tendent of schools an assistant, who shall be appointed by the superintendent of schools and paid a salary of fifty dollars per month, said salary to be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the sal- ary of the superintendent of schools is paid. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace shall receive the following salaries for all services rendered by them in criminal cases, payable monthly, in the same manner as county ofiicers are paid, viz: In townships having a population of more than three thousand five hundred, one hundred dollars per month; in townships having a population of less than three thousand five hundred and more than two thousand, seventy-five dollars per month; in townships having a population of less than two thousand, forty dollars per month. Justices of the peace in counties of this class shall also receive, for their own use and benefit, such fees as are now or hereafter may be allowed by law in civil cases. They shall also be allowed the actual rent for their offices, not to exceed ten dollars per month. 14. Constables shall receive the following salaries, for all services rendered by them in criminal cases, payable monthly, in the same manner as county ofiicers are paid, viz: In townships having a population of more than three thousand five hundred, one hundred dollars per month; in townships having a population of less than three thou- sand five hundred and more than two thousand, seventy- five dollars per month; in townships having a population of less than two thousand, forty dollars per month. Con- stables shall also receive, for their own use and benefit, such fees as are now or hereafter may be allowed by law " in civil cases. They shall also be allowed their actual COUNTY GOVERNMENT. 2S7 expenses in conveying prisoners from tlie place of arrest to court, and in case of conviction, from court to the county jail. 15. Supervisors, each six hundred dollars per annum for all services performed by them as supervisors and mem- bers of the board of equalization and road commissioners, including mileage; provided, that each supervisor shall receive ten cents for each mile traveled by the ordinary route, in going from his residence to the county seat, and returning once during each meeting. Each super- visor shall be allowed his actual traveling expenses while supervising the roads of his district, not exceeding twenty dollars in any one month. 16. The official reporter of the superior court in counties of the thirty-ninth class shall receive, as full compensation for taking notes when his services are demanded in civil cases, and in all criminal cases tried in said court, and when requested by a justice of the peace, coroner, or dis- trict attorney in preliminai'y examinations, or inquests, a salary of one thousand two hundred dollars per annum, payable in equal monthly installments out of the county treasury at the same time and in the same manner as the salaries of county officers. He shall also be allowed his actual traveling expenses when reporting outside cf the county seat. When the services of the reporter are de- manded in any civil matter, there, shall be taxed as costs in the case, eight dollars per diem, for each day of the trial thereof, to be paid to the clerk of the court, in ad- vance, one half by each side; for transcription of said notes in criminal cases, and in civil cases, when required, said reporter shall receive not to exceed ten cents per folio of one hundred words for the original, and five cents per folio for copy. Where the reporter is required to transcribe the whole or any part of the testimony during the taking of testimony in the superior court, he shall be entitled to receive and retain for his own use, not to exceed fifteen cents per folio for the original, and seven and one half cents per folio for each copy, said compensation to be paid for, in civil cases, by the party ordering the same, and in criminal cases, together with said traveling ex- penses, to be audited and allowed by the board of super- visors as other claims against the county, and paid out of the county treasury. All per diem fees so collected by the 288 COUNTY GOVERXMEXT. clerk shall be paid into the county treasury on the first Monday of each month. This section, so far as it relates to the services and compensation of said official reporter, shall take effect immediately after its passage. [Amend- ment approved March 23, 1901. Stats. 1901, 774.] Sec. 197. In counties of the fortieth class, the county officers shall receive as compensation for the services re- quired of them by law or by virtue of their offices, the following salaries and fees, to wit: 1. The county clerk, two thousand dollars per annum. 2. The sheriff, four thousand dollars per annum, and all mileage for the service of papers issued out of any court outside of his county. 3. The recorder, one thousand dollars per annum. 4. The auditor, five hundred dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, five hundred dollars per annum, and ten per cent on all licenses collected by him as license collector. 7. The assessor, four thousand dollars per annum. 8. The district attorney, fifteen hundred dollars per annum. 9. The coroner, such fees as are now, or may be here- after allowed by law. 10. The public administrator, such fees as are now, or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dol- lars per annum, and actual traveling expenses when visit- ing the schools of his county. 12. The surveyor, such fees as are now, or may be here- after allowed by law. 13. Each justice of the peace, the following fees: In civil actions before him, for all services required to be performed by him before trial, two dollars. For a trial, and all proceedings subsequent thereto, in- cluding all affidavits, swearing witnesses and jury, and the entry of judgment, four dollars. In all cases where judgment is rendered by default or confession, for all services from the filing of the complaint to and including the entry of judgment, three dollars. For issuing a writ of attachment, to include all affi- COUNTY GOVERNMENT. 289 davits, taking and approving bond, and all oaths and certificates necessary thereto, three dollars. For all services and proceedings in a criminal action or proceeding, whether on examination or trial, three dollars; provided, that if the defendant plead guilty, only two dollars shall be allowed. For taking bail, after commitment by another magis- trate, only fifty cents. For making transcript of docket, making up and trans- mitting papers on appeal, including the certificate to the same, two dollars. For copies of docket or papers in his office, per folio twenty cents. For issuing a search warrant, to be paid by the party demanding the same, one dollar. For celebrating a marriage, and returning the certificate to the recorder, three dollars. For docketing a judgment or any instrument, for the first name fifty cents; for each additional name twenty-five cents. For taking depositions, per folio, twenty cents. For administering an oath, twenty-five cents, and cer- tificate to same, twenty-five cents; for each certificate twenty-five cents. For issuing a commission to take testimony, seventy- five cents. For all services connected with the posting of estrays, including the transcript for the recorder, three dollars. For issuing an execution and entering satisfaction of .the judgment, fifty cents. In all cases before justices of the peace where the venue shall be changed, the justice before whom the action 'shall be brought, for all services rendered, including ihe making up and transmission of the manuscript and papers, shall receive three dollars; and the justice before whom the trial shall take place, shall receive the same fees as if the action had been commenced before him. 14. Each constable shall receive the following fees: For serving a!l summons in civil cases, for each defendant, including the copy required by law, one dollar. For summoning a jury of twelve or less before a justice, one dollar and fifty cents; for each additional juror above twelve, twenty-five cents. Gen. Laws— 13 290 COUNTY GOVERXMEXT. For taking any bond required by law to be talten, fifty cents. For summoning each witness, twenty-five cents. For serving an attachment or levying an execution on the property of a defendant, one dollar and fifty cents. For summoning and svv'earing a jury to try the rights of property, and making a verdict, two dollars. For receiving and taking care of property on execution, order or attachment, his actual necessary expenses, to be allowed by the justice who issued the order, attachment or execution upon the afiidavit of the constable that the charges are correct and that the expenses were necessarily incurred. For collecting all sums on execution, three per cent, to be charged against the defendant named in the execution. For serving a warrant or order for the delivery of per- sonal property, or making an arrest in a civil case, one dol- lar and fifty cents. For making each arrest in criminal cases, two dollars. For every mile necessarily traveled, in going only, to serve any civil or criminal process or paper, or to take a prisoner before a magistrate or to prison, twenty-five cents; but when two or more persons are served or sum- moned in the same suit and at the same time, mileage shall be charged only for the most distant, if they live in the same direction. For sales of estrays, the same fees as for sales on exe- cution. For the transportation of prisoners to the county jail, the actual necessary expenses. Fdr attending a justice's court and taking charge of a jury and prisoner when required, two dollars, for each day of actual attendance upon the court. For all other services, the same fees as are allowed sher- iffs for like services. 15. Each member of the board of supervisors, four hun- dred dollars per annum, and twenty cents per mile for traveling from his residence to the county seat. [Amend- ment approved March 16, 1903. Stats. 1903, 151. In effect in sixty days.] Sec. 198. In counties of the forty-first class the county officers shall receive, as compensation for the services re- COUNTY GOVERNMENT. 291 quired of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, four thousand dollars per annum, and actual traveling expenses incurred in the pursuit or arrest of criminals, either in or out of his county. 3. The recorder, one thousand five hundred dollars per annum. 4. The auditor, one thousand dollars per annum. 5. The treasurer, one thousand five hundred dollars per annum. 6. The tax collector, one thousand dollars per annum, which shall be in full for all services as tax collector and as license collector. 7. The assessor, two thousand five hundred dollars per annum. 8. The district attorney, two thousand dollars per an- num. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thousand two hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, the fees which now are or hereafter may be allowed by law; provided, that where the trial of any case shall occupy more than one day, and not less than three hours of such day, the justice shall also be allowed three dollars for each additional day con- sumed in such trial. 14. Constables, the fees which now are or hereafter may be allowed by law; provided, that the constable shall also be allowed at the rate of two dollars and fifty cents per day for each day of actual attendance on the trial of cases in the justices' court, where such attendance is pursuant to the order of the justice thereof. 15. Each member of the board of supervisors, five hun- dred dollars per annum, and his necessary expenses when attending to the business of the county other than the meeiiiigs of the boeTti, and tTrenrr cents x>er mile in going from iiis residence zo the co"3i:rr seat at eaci. meetii:^ of tS&e bcari: aad ■siien serrin-g as read commissi cser. three dcalzjrs per J::i~ iri rs-erry c-ents per mUe cne 'sraj for an aerial - iraTeled tiy >*'-^Lrt, and for preliminary er. _ : ■_: c-es" ccnrts : a mcntVLy salary of one L : parable ont of the ccmity treasary. it t^ r - - in the same manner as the salaries ;mcers; and for transcription of sail -:"Ti he shall receire the sum of tei c r cents per folio f:r a .. . : . ;- 1" criminal •Q te au-aiiel and allo"Hred oy -r- either parry, or joiatiy ty both paxues, as tne conrt tt. iTi'l. Stai- In etiect i>an_LT unmeipireiy ani partly 11 M. cr -day after Jar-^ir- 1. ll-QS.] Sec. 1??. in cctmiies of the class the co-nty c3.ceTs shall receive, as _ : :or the ser- vices rectired of them hy la-sf or by Tirtae of th.eir oSces, -he f:Tl:-5-ing salaries, to "s-it: "" Tcnty derk, trwo ttonsand fottr tondred dollars z- The ^ -1, : -es CT ozz^ . - . _ . any court of the state outside of h .- £---3l -raveling expenses in the ex- . - : _l: his cocmtT israed by a magistrate or coon :: 3. T -um. 4. T irs per g n ri III rr.i 5. The treasnrer : six hxmdred dollars per COIXTY GOVESXSIEXT. £J3 6. The tax coHectcr, cne thousand rwo htmdrei dollars per aimiai. 7. Tie assessor, ttree thcusand collars per annnTn 8. The district ariomey, rvro thousand dollars per aninnn. 9. The coroner, such fees as are ectt cr inav be herearrsr ailo'wed by law. 10. The public administrarcr, sucli fees as are now or may be hereaxter allo»-ed by lair. 11. The superinieiiideni of schools, one thousand six hua- dred doiiars per annum, and acmal traTelicg expenses ■?rhea vlsiiing the schools of his c-cunty. li The surreyor, nixeen hundred dollars per a-"T>TrrT» ■which shall be in full for all senrices recuired of biTn by the superior court or the board of supervisors, and as ex- officio county recorder; provided- that he shall be entitled to receive from the cousty his actual and necessary trav- eling exi>enses. incurred in the performance of any order of tie court or board of supervisors; for all other servic-es tie fees allowed by lav. 13. Justices of the peace shall receive the foUowiiig monthly salaries, to be paid each mouth, and in the same manner and out of the same fund as county cScers are ■aid, which shall be in full for all services rendered by em in criminal cases: In townships having a popnla- ..cn of more than nine hundred, seventy-fve doHsrs per month: in townships havins a population of less than nine hundred and more than Sve hundred, fifty dollars per monii: in townsiips having a population of less than nve htmdred, thirty dollars per month. In addition to the compensation received in criminal cases eachi justice of the peace shsdl receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 14. Constables shall receive the following monilily sal- aries, to be i«iid eaci month, and in the same manner and out of the same fund as county officers are paid, whici shall be in full for all services renden?d by them in crim- inal cases: In townships having a poptilaticn of more than nine hundred, seventy-five dollars per month; in townships having a population cf less than nine hundred and more than five hundred, fifty doiiars per month: jn toTmships having a population of less than five hundred. thirty dollars per month; provided, that each constable 294 COUNTY GOVERXMENT. shall receive his actual and necessary expenses incurred in convej-ing prisoners to the county jail. In addition to the compensation received in criminal cases each constable shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 15. Each supervisor, one hundred dollars per month, and mileage at the rate of twenty cents per mile for trav- eling from residence to county seat to attend upon a ses- sion of the board, "ihe salary herein allowed shall be in full for all services, including duties as road commissioner. 16. The official reportei", such fees as are now provided by law. 17. This act, and the amendments contained in the fore- going section relating to counties of the forty-second class, shall take effect immediately as to the compensation of justices of the peace, constables, and supervisors. [Amend- ment approved March 23, 1901. Stats. 1901, 779. In effect partly immediately and partly 12 M. on the first Monday after January 1, 1903.] Sec. 200. In counties of the forty-third class, the county officers shall receive, as compensation for the services required of them by law or by virtue of their oflBce, the follov/ing salaries, to wit: 1. The county clerk, one thousand eight hundred dollars per annum. 2. The sheriff, three thousand dollars per annum. The sheriff shall also receive for his own use and benefit all fees, commissions and mileage, in all civil cases within his county, and all fees, commissions and mileage for ser- vice of any papers issued by any court outside of Ms county. 3. The recorder, twelve hundred dollars per annum. 4. The auditor, six hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, six hundred dollars per annum. The tax collector shall be allowed one deputy for the months of November and April of each year, at a com- pensation of one hundred dollars per month. 7. The assessor, twenty-four hundred dollars per annum. 8. The district attorney, one thousand five hundred dol- lars per annum. COUNTY GOVERNMENT. 295 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as now or may hereafter be allowed by law. 11. The superintendent of schools, one thousand five hundred dollars per annum. 12. The surveyor, such fees as are now or may hereafter be allowed by law. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a popula- tion of more than twenty-five hundred, seventy dollars per month; in townships having a population of less than twenty-five hundred and more than one thousand, twenty dollars per month; in townships having a population of less than one thousand and more than six hundred, fifteen dollars per month; in townships having a population of less than six hundred, ten dollars per month. In addition to the compensation received in criminal cases, each jus- tice of the peace shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 14. Constables shall receive the following monthly sal- aries to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in crim- inal cases: In townships having a population of more than twenty-five hundred, thirty-five dollars per month; in townships having a population of less than twenty-five hundred and more than one thousand, fifteen dollars per month; in townships having a population of less than one thousand, ten dollars per month; provided, that each constable shall receive his actual and necessary expenses Incurred in conveying prisoners to the county jail. In addition to the compensation received in criminal cases, each constable shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 15. Supervisors, five dollars per day for each day while in the service of the county, and twenty cents per mile for traveling from residence to county seat. 296 COUNTY GOVERNMENT. 16. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board and mileage at the rate of twenty cents per mile, one way, from his residence to the place of meeting of said board. The secretary of said board of education shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of said board and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools. Claims of such service and mileage shall be presented to the board of supervisors and shall be allowed at the rate above named, and in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education herein pro- vided is not in addition to that provided in section seven- teen hundred and seventy of the Political Code. 17. For the purposes of subdivisions thirteen and four- teen of this section, the population of the several judicial townships shall be ascertained by the board of supervisors, by multiplying by five the vote for presidential electors cast in each township at the next preceding election. [Amendment approved March 19, 1903. Stats. ISOi!, 237. In effect in sixty days.] Sec. 201. In counties of the forty-fourth class, the county officers shall receive, as compensation for the ser- vices required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, eighteen hundred dollars per annum. 2. The sheriff, thirty-five himdred dollars per annum. 3. The recorder, fifteen hundred dollars per annum. 4. The auditor, fifteen hundred dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, ten hundred dollars per annum. 7. The assessor, twenty-five hundred dollars per annum. 8. The district attorney, eighteen hundred dollars per annum. 9. The coroner, such fees as are now or maj- be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, ten hundred dollars per annum. COUNTY GOVERNMENT. 297 12. The surveyor, ten dollars per day when engaged in county work. He shall also receive his actual expenses when at work in the field. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be here- after allowed by law. 15. Each member of the board of supervisors, six hun- dred dollars per annum, and twenty-five cents per mile while traveling from their respective residences to the county seat, not more than once each month. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for tak- ing notes in civil and criminal cases tried in said court, and for preliminary examinations in justices' courts, a monthly salary of one hundred dollars, payable out of the county treasury, at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original, and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county and paid out of the county treasury, and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct; provided, that in any one year, the re- porter shall not receive more than eighteen hundred dol- lars for services as such reporter. 17. In counties of this class the board of supervisors may appoint a horticultural commissioner, who shall have expert knowledge of the duties pertaining to the position, who shall serve at the pleasure of the board, and who shall be paid a salary of not to exceed seventy-five dollars per month. [Amendment approved March 23, 1901. Stats. 1901, 781. In effect 12 M. on first Monday after January 1, 1903.] Sec. 202. In counties of the forty-fifth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their oflice, the following salaries, to wit: 1. The county clerk, thirteen hundred dollars per annum. 2. The sheriff, twenty-four hundred dollars per annum, 298 COUNTY GOVERXMENT. and the fees or commissions for the service of all papers issued by any court of the state outside of his county, and his actual and necessary traveling expenses while execut- ing a warrant outside of his county issued by a magistrate or court within his county. 3. The recorder, thirteen hundred dollars per annum. 4. The auditor, seven hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, five hundred dollars per annum. 7. The assessor, fifteen hundred dollars per annum. 8. The district attorney, one thousand dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eight hundred dollars per annum, and actual and necessary traveling expenses when visiting schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, four dol- lars a day when the board is in session, and ten cents a mile, in going only, for traveling from his residence to the county seat, and when serving as road commissioner three dollars per day, and actual and necessary expenses; pro- vided, he shall not in any one year receive more than three hundred dollars as supervisor, exclusive of mileage, nor more than two hundred dollars as road commissioner, exclusive of traveling expenses. 16. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of ten cents per mile, one way only, from his resi- dence to the place of meeting of said board. The secretary of said board of education shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of said board and of said secretary shall be paid out of the COUNTY GOVERNMENT. 209 same fund as the salary of the superintendent of schools. Claims of such service and mileage shall be presented to the board of supervisors and shall be allowed at the rate above named, and in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education herein provided is not in addition to that provided in section seventeen hundred and seventy of the Political Code. [Amendment approved March 23, 1901. Stats. 1901, 782. In effect 12 M. on first Monday after January 1, 1903.] Sec. 203. In counties of the forty-sixth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, fifteen hundred dollars per annum. 2. The sheriff, thirty-five hundred dollars per annum, and actual traveling expenses incurred in the pursuit or arrest of criminals, either in or out of his county. 3. The recorder, one thousand dollars per annum. 4. The auditor, five hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, five hundred dollars per annum, which shall be in full for all services as tax collector and as license collector. 7. The assessor, eighteen hundred dollars per annum. 8. District attorney, fifteen hundred dollars per annum. 9. The coroner, such fees as are now or maj^ be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, twelve hundred dol- lars per annum, and actual traveling expenses when visit- ing the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, the fees which now are or hereafter may be allowed by law; provided, that where the trial of any case shall occupy more than one day, and not less than three hours of such day, the justice shall also be allowed three dollars for each additional day con- sumed in such trial. 300 COUNTY GOVERNMENT. 14. Constables, the fees wMch now are or hereafter may be allowed by law; provided, that the constable shall also be allowed at the rate of two dollars and fifty cents per day for each day of actual attendance on the trial of cases in the justice's court, where such attendance is pursuant to the order of the justice thereof. 15. Each member of the board of supervisors, five dol- lars per day when the board is in session, and twen;y cents per mile for traveling from his residence to the county seat; and, when serving as road commissioner, three dollars per day and mileage as allowed by law. But he shall not in any one year receive more than three hundred and fifty dollars as supervisor or more than two hundred and fifty dollars as road commissioner, exclusive of mileage. 16. In counties of this class, the official reporter of the superior court shall receive, as full compensation for tak- ing notes in civil and criminal cases tried in said court, and for preliminary examinations in justice's court, a monthly salary of fifty dollars, payable out of the county treasury at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. Subdivisions thirteen and fourteen of this section shall take effect immediately. [Amendment approved March 23, 1901. Stats. 1901, 783. In effect partly immediately and partly 12 M. on first Monday after January 1, 1903.] Sec. 204. In counties of the forty-seventh class the county oflicers shall receive, as compensation for the ser- vices required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, twenty-seven hundred dollars per annum. 2. The sheriff, three thousand dollars per annum. an(? the fees or commissions for the seiwice of all papers issue** COUNTY GOVERNMENT. 301 by any court of the state outside of his county; also, his actual and necessary traveling expenses in the execution of a warrant outside of his county issued by a court or magistrate of his county. 3. The recorder, fifteen hundred dollars per annum. 4. The auditor, twelve hundred dollars per annum. 5. The treasurer, twelve hundred dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, twenty-five hundred dollars per annum. 8. The district attorney, sixteen hundred dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, sixteen hundred dol- lars per annum, and traveling expenses while visiting schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than nine hundred, seventy-five dollars per month; In townships having a population of less than nine hun- dred and more than five hundred, fifty dollars per month; in townships having a population of less than five hundred, twenty dollars per month. In addition to the compensa- tion received in criminal cases, each justice of the peace shall receive and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil actions. 14. Constables shall receive the following monthly sal- tries, to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in crim- inal cases: In townships having a population of more iban nine hundred, seventy-five dollars per month; in townships having a population of less than nine hundred and more than five hundred, fifty dollars per month; in S02 COUNTY GOVERNMENT. townships having a population of less than five hundred, twenty dollars per month; provided, that each constable shall receive his actual and necessary expenses incurred in conveying prisoners to the county jail. In addition to the compensation received in criminal cases, each con- stable shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 15. Each supervisor, five dollars per day while attending sessions of the board and while engaged in the perform- ance of the duties of road commissioner, and mileage at the rate of twenty cents per mile for traveling from resi- dence to county seat in attendance upon a regular session of the board. 16. Official reporters, same as now provided oy law. This act, so far as it relates to counties of the forty- seventh class, shall take effect immediately as to the ofiices of justices of the peace and constables, but shall not affect the compensation of other officers during the present term of office. [Amendment approved March 23, 1901. Stats. 1901, 784. In effect partly immediately and partly 12 M. on first Monday after January 1, 1903.] Sec. 205. In counties of the forty-eighth class the county officers shall receive, as compensation for the services re- quired of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, one thousand five hundred dollars per annum. 2. The sheriff, two thousand five hundred dollars per annum. 3. The recorder, one thousand dollars per annum. 4. The auditor, five hundred dollars per annum. 5. The treasurer, eight hundred dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, one thousand five hundred dollars per annum. 8. The district attorney, one thousand two hundred dol- lars per annum. 9. The coroner, such fees as are now, or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. COUNTY GOVERNMENT. 303 11. The superintendent of schools, seven hundred dol- lars per annum and actual traveling expenses when visit- ing the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be here- after allowed by law. 15. Each supervisor, two hundred and fifty dollars per anmim, and twenty-five cents per mile for traveling, one way only, to the county seat at each sitting of the board; it is further provided, that the chairman of the board of supervisors shall receive the same mileage in coming to the county seat to count the moneys in the county treas- ury in months when the board of supervisors are not in session, as is received for coming to a regular or special session of said board. But at no time shall he receive the amount of two mileages for any one trip. 16. The license collector shall receive such compensa- tion as the board oj supervisors shall fix. 17. In counties of this class the official court reporter, for all services required of him in the superior court, and for preliminary examinations in justices' courts, and for coroner's inquests, excepting for transcribing his notes, a monthly salary of sixty dollars, payable out of the county treasury, and in the same manner as the salary of county officers, and for transcription of his notes of testimony in the superior court in criminal cases, when required by the court, and in preliminary examinations and coroner's inquests, eight cents per folio for original and four cents per folio for copy; the compensation for such transcrip- tion hereinbefore provided for to be audited and allowed by the board of supervisors as other claims against the county and paid out of the county treasury. For transcrip- tion of his notes of testimony in the superior court, when required, in civil cases, ten cents per folio for original and five cents per folio for copy, to be paid by the party ordering the same, or when ordered by the judge, by either party, or by both parties, as the court may direct, to be taxed as costs when ordered by the judge of his own mo- tion or on application of the parties. It shall be his duty to attend all preliminary examinations in the justice's S04 COUNTY GOVERNMENT. court and before the coroner in homicide cases, when not engaged in the superior court, and he shall receive his actual traveling expenses while attending justice's court and before the coroner; it is further provided, that in each civil case, matter, or proceeding reported by the official reporter in the superior court, there shall be taxed as costs in the case, matter, or proceeding, eight dollars per diem fee each day of the trial or hearing thereof. Such per diem fee shall be paid to the clerk of the court daily in advance by the parties to the case, matter, or proceeding in equal proportions. All per diem fees so collected shall be paid by said clerk into the treasury of the county. [Amendment approved March 23, 1901. Stats. 1901, 785. In effect 12 M. on first Monday after January 1, 1903.] Sec. 206. In counties of the forty-ninth class, the county officers shall receive, as compensation for the services re- quired of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, twelve hundred dollars per annum, except in the years when a general election is held, and in such years he shall receive fifteen »hundred dollars per annum. 2. The sheriff, thirty-eight hundred dollars per annum. 3. The recorder, one thousand two hundred dollars per annum; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees required by law to be so collected; and provided, that when the amount of said fees collected shall exceed one hundred dollars in any month, the recorder may receive and retain for his own use, in addition to his salary, one half of all fees in excess of one hundred dol- lars in any month so collected. 4. The auditor, six hundred dollars per annum. 5. The treasurer, twelve hundred dollars per annum. 6. The tax collector, seven hundred dollars per annum, and ten per cent of all licenses collected by him. 7. The assessor, sixteen hundred and fifty dollars per annum. 8. The district attorney, twelve hundred dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. COUNTY GOVERNMENT. 305 10. The public administrator, such, rees as are now or /nay be hereafter allowed by law. 11. The superintendent of schools, six hundred dollars per annum, and actual traveling expenses while visiting the schools of the county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be here- after allowed by law. 15. Each member of the board of supervisors, five dol- lars per day for each day's actual services while the board is in session, and ten cents per mile for each mile neces- sarily traveled to and from the place of meeting; also three dollars per day for each day's services while serving as road commissioner, such compensation as road com- missioner not to exceed three hundred dollars per an- num. 16. Grand jurors and jurors in the superior court in criminal cases shall be paid three dollars per day for each day's attendance and for epch mile actually traveled in go- ing only, while acting as such juror, fifteen cents; and the juage of said court shall make an order directing the auoitor to draw his warrant on the treasurer in favor of sUiCh juror for said per diem and mileage, and the treasurer shall pay the same. The provisions of section two hundred and six of this act, so far as the same relates to fees of jurors, shall take effect August first, nineteen hundred and one. [Amendment approved March 23, 1901. Stats. 1901, 787. In effect partly August 1, 1901, and partly 12 M. on first Monday after January 1, 1903.] Sec. 207. In counties of the fiftieth class the county offi- cers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, one thousand five hundred dollars per annum. 2. The sheriff, three thousand dollars per annum. 3. The recorder, one thousand two hundred dollars per annum. 4. The auditor, three hundred dollars per annum. 306 COUNTY GOVERNMENT. 5. The treasurer, one thousand two hundred dollars per annum. 6. The tax collector, three hundred dollars per annum. 7. The assessor, one thousand five hundred dollars per annum. 8. The district attorney, one thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed hy law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, six hundred dollars per annum, aud actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, eight dollars per day when the board is in session, but he shall not in any one year re- ceive more than three hundred dollars as supervisor. 16. The oflacial reporter of the superior court in counties of this class shall receive as full compensation for taking notes and transcribing the same when his services are de- manded in civil cases tried in said court and when re- quested by a justice of the peace, coroner, or district at- torney in preliminary examinations or inquests, a salary of one thousand dollars per annum, payable in equal monthly installments out of the county treasury, at the same time and in the same manner as the salaries of county officers. He shall also be allowed his actual travel- ing expenses when reporting outside the countj'' seat. When the services of said reporter are demanded in any civil matter they shall be taxed as costs in the case, five dollars per diem for each day of the trial 'thereof, to be paid to the clerk of the court, in advance, one half by each side; and for transcription of said notes in civil cases, when required, said clerk of the court shall receive, as the court shall direct, not to exceed ten cents per folio of one hundred words for the original and five cents per folio for copy, said compensation to be paid for in civil COUNTY GOVERNMErrr. 307 cases by the party ordering the same transcribed, and said traveling expenses to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury from any funds not otherwise appropriated. All fees and per diem collected by the clerk shall be paid into the county treasury on the first Monday of each month. This act, so far as it relates to the services and com- pensation of said official reporter, shall take effect imme- diately after its passage. This act, so far as it relates to counties of this class, shall not affect the compensation of officers during the present term of office, except as herein otherwise specially provided. 17. The license collector, such compensation as the board of supervisors shall fix. [Amendment approved March 23, 1901. Stats. 1901, 788. In effect in part immediately and in part 12 M. on first Monday after January 1, 1903.] Sec. 208. In counties of the fifty-first class the county officers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, one thousand five hundred dollars per annum. 2. The sheriff, three thousand dollars per annum. 3. The recorder, eight hundred dollars per annum. 4. The auditor, two hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, five hundred dollars per annum. 7. The assessor, one thousand five hundred dollars per annum. 8. The district attorney, one thousand two hundred dol- lars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, six hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 308 COUNTY GOVERNMENT. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be here- after allowed by law. 15. Each supervisor, six dollars per day when the board is in session, not to exceed three hundred dollars per year, and twenty-five cents per mile for traveling one way only from his residence to the county seat at each sitting of the board. 16. In counties of this class the oflBcial reporter of the superior court shall receive, as such compensation for taking notes, when his or her services are demanded by either party or. ordered by the court, in civil cases or pro- ceedings tried in open court, and matters heard at chambers, and in all criminal cases and matters tried and heard in said court, and for preliminary examinations in justices' courts, a monthly salary of fifty dollars, pay- able out of the county treasury, at the same time and in the same manner as the salaries of county officers. He or she shall also be allowed his or her actual traveling ex- penses when reporting outside of the county seat. For transcription of said notes, when required, he or she shall receive the sum of ten cents per folio for the original, and five cents per folio for each copy; said compensation in criminal cases to be audited and allowed by the board of supervisors, as other claims against the county, and paid out of the county treasury; and in civil cases, to be paid by the parties ordering the same, or when ordered by the judge, by either party, or jointly by both parties, as the court may direct. This section shall take effect immediately. [Amendment approved March 23, 1901. Stats. 1901, 789.] Sec. 209. In counties of the fifty-second class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, fifteen hundred dollars per annum. 2. The sheriff, three thousand dollars per annum. 3. The recorder, eight hundred dollars per annum. 4. The auditor, six hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, one thousand dollars per annum. COUNTY GOVERNMENT. 309 7. The assessor, fifteen hundred dollars per annum. 8. The district attorney, one thousand dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or «iay be hereafter allowed by law. 11. The superintendent of schools, seven hundred dol- lars per annum. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be here- after allowed by law. 15. Each member of the board of supervisors, two hun- dred and fifty dollars per annum; mileage from residence to county seat at each sitting of the board, twenty cents per mile. [Amendment approved March 23, 1901. Stats. 1901, 790. In effect 12 M. on first Monday after January 1, 1903.] Sec. 210. In counties of the fifty-third class the county ofiicers shall receive, as compensation for the services re- quired of them by law or by virtue of their oflaces, the following salaries, to wit: 1. The county clerk, sixteen hundred dollars per annum. 2. The sheriff, four thousand dollars per annum. 3. The recorder, eight hundred dollars per annum. 4. The auditor, two hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, twelve hundred dollars per annum. 8. The district attorney, nine hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, four hundred dollars per annum. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. SIO COUNTY GOVERNMENT. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, six dol- lars per day when board is in session; thirty cents per mile, one way. Three dollars per day when actually serv- ing as road commissioner, not to exceed three hundred dol- lars. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, and for preliminary examinations in justices' courts, a salary of ten dollars per diem during employment, payable out of the county treasury, at the same time and in the same manner as the salaries of county officers, and for transcrii)- tion of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. [Amendment approved March 23, ISOl. Stats. 1901, 791. In effect 12 M. on first Monday after January 1, 1903.] Sec. 211. In counties of the fifty-fourth class, the county officers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, one thousand three hundred dol- lars per annum; provided, that in years when a great register is ordered the county clerk shall receive in ad- dition to his regular salary the sum of four hundred dol- lars for such services. 2. The sheriff, two thousand five hundred dollars per an- num, and twenty-five cents mileage, in going only. 3. The recorder, four hundred dollars per annum. 4. The auditor, three hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, three hundred and fifty dollars per annum. 7. The assessor, one thousand six hundred dollars per annum. COUNTY GOVERNMENT. 311 8. The district attorney, one thousand dollars per annum, and his necessary traveling expenses, to be allowed by the board of supervisors. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, six hundred and twenty-five dollars per annum, and actual traveling ex- penses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, five dollars per day when the board is in session, and twenty cents per mile for traveilng to and from his residence to the county seat at each session; but he shall not in any one year receive more than five hundred dollars as supervisor. 16. The official reporter of the superior court in counties of this class shall receive, as full compensation for taking notes and transcribing the same when his services are de- manded in civil cases tried in said court, and when request- ed by a justice of the peace, coroner, or district attorney in preliminary examination, or in quests, a salary of one thousand dollars per annum, payable in equal monthly installments out of the county treasury, at the same time and in the same manner as the salaries of county ofiicers. He shall also be allowed his actual traveling expenses when reporting outside the county seat. When the services of said reporter are demanded in any civil matter, they shall be taxed as costs in the case, five dollars per diem for each day of the trial thereof, to be paid to the clerk of the court, in advance, one half by each side; and for transcription of said notes in civil cases, when required, said clerk of the court shall receive as the court shall direct, not to exceed ten cents per folio of one himdred words for the original and five cents per folio for copy; said compensation to be paid for in civil cases by the party ordering the same transcribed, and said traveling expenses to be audited and allowed by the board of super- 312 COUNTY GOVERXMENT. visors as other claims against the county, and paid out of the county treasury from any funds not otherwise ap- propriated. All fees and per diem collected by the clerk shall be paid into the county treasury on the first Monday of each month. This act, so far as it relates to the services and com- pensation of said official reporter shall take effect im- mediately after its passage. This act, so far as it relates to counties of this class, shall not affect the compensation of officers during the present term of office, except as herein otherwise specifi- cally provided. 17. The license collector, such compensation as the board of supervisors shall fix. [Amendment approved March 23, 1901. Stats. 1901, 792. In effect in part immedi- ately and in part 12 M. on first Monday after January 1, 1903.] Sec. 212. In counties of the fifty-fifth class, the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, nine hundred dollars per annum. 2. The sheriff, twelve hundred dollars per annum. 3. The recorder, six hundred dollars per annum. 4. The auditor, three hundred dollars per annum. 5. The treasurer, nine hundred dollars per annum. 6. The tax collector, nine hundred dollars per annum. 7. The assessor, six hundred dollars per annum. 8. The district attorney, nine hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, four hundred dollars per annum. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, three COUNTY GOVERNMENT. 313 hundred dollars per annum and twenty cents per mile in traveling from his residence to the county seat, going only; provided, that only one mileage shall be allowed for any regular session of the beard. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said :ourt, and for preliminary examinations in justices' courts and at coroners' inquests, a monthly salary not to exceed fifty dollars, payable out of the county treasury, at the same time and in the same manner as the salaries of couniy officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. Sec. 213. In counties of the fifty-sixth class the county Dfficers shall receive, as compensation for the services re- quired of them by law or by virtue of their offices, the fol- lowing salaries, to wit: 1. The county clerk, twelve hundred dollars per annum. 2. The sheriff, twenty-six hundred dollars per annum. 3. The recorder, six hundred dollars per annum. 4. The auditor, two hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, five hundred dollars per annum. 7. The assessor, twelve hundred dollars per annum, 8. The district attorney, nine hundred dollars per an- num. 9. The coroner, such tees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or .nay be hereafter allowed by law. 1 11. The superintendent of schools, four hundred dollars )er annum. 12. The surveyor, such fees as are now or may be here- fter allowed by law. Gen. Laws — 14 314 COUNTY GOVERNMENT. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be here- after allowed by law. 15. Each member of the board of supervisors, six dol- lars per day during session, and thirty cents per mile one way to board meeting; three dollars per day (no mileage) as road commissioner when actually engaged in road business. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for tak- ing notes in civil and criminal cases tried in said court, and for preliminary examinations in justices' courts, a per diem of eight dollars; and for transcription of said notes, when required during the progress of the trial, he shall receive the sum of twenty cents per folio for the original and five cents per folio for one copy; but if such tran- scription is not required until after conclusion of trial, then he shall receive the sum of ten cents per folio for original, and three cents per folio for copies required; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasurj', and in civil cases, to be paid bj' the party or- dering the same, or when ordered by the judge, by either party, or jointly by both parties, as the court may di- rect. Sec 214. In counties of the fifty-seventh class the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, five hundred dollars per annum. 2. The sheriff, five hundred dollars per annum. 3. The recorder, three hundred dollars per annum. 4. The auditor, two hundred dollars per annum. 5. The treasurer, three hundred dollars per annum. 6. The tax collector, three hundred dollars per annum. 7. The assessor, three hundred dollars per annum. 8. The district attorney, three hundred dollars per an- num. 9. The coroner, such fees as are now or may be here- after allowed by law. COUNTY GOVERNMENT. 315- 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one hundred dollars per annum. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be here- after allowed by law. 15. Each supervisor, five dollars per day when the board is in session, and twenty cents per mile for traveling from his residence to the county seat, going only, and omy one mileage shall be allowed for any regular session of the board; and, when serving as road commissioner, three dollars per day. Such per diem not to exceed the total sum of fifty dollars per annum. Provided, however, that five per cent only shall be al- lowed the sheriff or tax collector as fees for collecting licenses in counties of this class. Sec. 21414. Public welfare and present necessity, in the counties of the classes below named, requiring that in counties of the first, second, third, and fourth classes in this state there should be an official matron of the several county jails therein, to have the powers and to discharge the duties herein specified, the oflice of matron of the county jail, in and for each of the counties of the classes above named, is hereby ci-eated, and the duties and powers of the matron of such sevei'al county jails shall be as fol- lows: She shall have free access at all reasonable times to the immediate presence of all female prisoners in the county jail of which she is the matron, including the right of personal visitation and conversation with them; and, in all cases of searching the person of female prisoners in such jail, the matron exclusively shall make such search; and the matron shall by example, advice, and ad- monition employ her best abilities to secure and pro- mote the' health, welfare, and reformation of all such prisoners. The term of office of such matron shall be two years from her appointment and qualification and until her suc- cessor is appointed and qualified. The sheriff of each 316 COUNTY GOVERNMENT. county (of the classes above named) is hereby authorized and empowered to appoint, and to provide for the payment of the compensation of, a matron of the county jail of the county of which they are such board, and to specify the conditions, and fix the amount of the matron's official bond, to be approved by such board. The monthly compensa- tion of such matron in the several counties of the classes above mentioned (regulated hereby in proportion to the duties to be discharged) shall be as follows, payable month- ly: In counties of the first class, seventy-five dollars; in counties of the second class, fifty dollars; in counties of the third class, forty dollars; in counties of the fourth class, thir- ty-five dollars, and in counties of the fifth class, thirty dol- lars. To further the carrying into effect of the authority above conferred and in furtherance of the discharge of the duties of the matrons of such county jails, it is hereby en- acted that no ofiicer, deputy, jailer, keeper, guard or per- son having charge or control of any such county jail shall refuse the duly appointed and qualified matron thereof free access at all reasonable times to the immediate presence of all female prisoners therein, including the right of visitation and conversation with them, or in such jail allow the searching of the person, in .the case of a female prisoner, to be made except by the matron of such jail, or obstruct the performance by the matron of her official duties in such jail as those duties may be specified under the provisions of this act or of law. [New section approved March 23, 1901. Stats. 1901, 681. In effect immediately.] Sec. 215. The salaries and fees provided in this act shall be in full compensation for all services of every kind and description rendered by the officers herein named, either as officers or ex-officio officers, their deputies and assistants, imless in this act otherwise provided, and all deputies employed shall be paid by their principals out of the salaries hereinbefore provided, unless in this act otherwise provided; provided, and except that where an assistant district attorney has been heretofore appointed in any county, either under the provisions of subdivision thirty-six of section twenty-five, or under any other pro- visions of an act entitled "An act to establish a uniform system of county and township government," approved March twenty-fourth, eighteen hundred and ninety-three, COUNTY GOVERNMENT. 317 and such assistant is continued by the provisions of this act, either as an assistant or deputy in such county, then such deputy or assistant shall be paid out of the funds of such county, as heretofore or herein provided, the assessor shall be entitled to receive and retain for his own use six per cent on personal property tax collected by him as authorized by section thirty-eight hundred and twenty of the Political Code, and fifteen per cent of all amounts collected by him for poll taxes, and road poll taxes, and also five dollars per hundred names of persons returned by him as subject to military duty, as provided in section nineteen hundred and one of the Political Code, and the license collector shall be entitled to receive and retain for his own use ten per cent on all licenses collected by him, except where otherwise provided in this act; provided, however, that in counties, and cities and counties of the first, second, and third class the assessor shall receive no commission for the collection of taxes on personal property, nor shall such assessor receive any compensation for mak- ing out military roll of persons returned by him as sub- ject to military duty as provided by section nineteen him- dred and one of the Political Code; nor shall the license collector in cities and counties of the first class and coun- ties of the second class receive any commission on licenses collected by him; provided, that in any county where the number of judges of the superior court shall have been increased since the first day of January, eighteen hundred and ninety-seven, or shall hereafter be increased, there must be and there hereby is allowed to the sheriff of such county, by reason of such increase, one additional deputy, to be appointed by the sheriff, at a salary of not exceeding twelve hundred dollars per annum, to be paid at the same time and in the same manner as other county officers are paid; and also there must be and is hereby allowed to the county clerk of such county, one additional deputy, to act as court-room clerk, for each judge so ap- pointed or elected, at a salary not exceeding twelve hun- dred dollars per annum for each of said deputies, to be paid at the same time and in the same manner as other county officers are paid. The board of supervisors shall allow to the sheriff his necessary expenses for pursuing criminals, or transacting any criminal business without the boundaries of his county, and for boarding prisoners 318 COUXTY GOVERXMEXT. in the county jail; provided, that the board of supervisors shall fix a reasonable price at which such prisoners shall be boarded, if not otherwise provided for in this act; pro- vided further, that the sheriff shall be entitled to receive and retain for his own use, five dollars per diem for con- veying prisoners to and from the state prisons, and for conveying persons to and Irom the ' insane asylums, or other state institutions not othervrise provided for by law; also, all expenses necessarily incurred in conveying insane persons to and from the insane asylums, and in conveying persons to and from the state prisons, or other state institutions, which per diem and expenses shall be allowed by the board of examiners, and collected from the state. The court shall also allow the sheriff his necessary expenses in keeping and preserving property seized on at- tachment or executions, to be paid out of the fees collected in the action. The sheriff may retain for his own use the mileage for service of papers or process issued by any court of the state outside of his own county. FEES TO BE PAID INTO THE COUNTY TREASURY. Sec. 216. All salaried officers of the several counties of this state shall charge and collect for the use of their respective counties, and pay into the county treasury, on the first Monday in each month, the fees now or hereafter allowed by law in all cases, except where such fees, or a percentage thereof, is allowed such officers, and except- ing also such fees as are a charge against the county. FEE BOOK. Sec. 217. Each of the officers authorized to receive fees under the provisions of this act must keep a fee book, open to the public inspection during office hours, in which must be entered, at once and in detail, all fees or compensation, of whatever nature, kind, or description, collected or chargeable. On the first Monday of each and every month, the officer must add up each column in his book to the first day of the month, and set down the totals. On the expiration of the term of such officer, he must deliver all fee books kept by him to the county auditor. STATEMENT OF FEES. Sec. 218. The fees and compensation collected and chargeable for the county in each month shall be paid to the county treasurer on the first Monday in the fol- COUNTY GOVERNMENT. 319 lowing montli, and must be accompanied by a statement of tlie aggregate amount tliereof, as snown by the fee book, duly verified by the officer making such payment. The affidavit shall be in the following form: "I, A. B., county clerk (or other officer, as the case may be), do swear that the fee book in my office contains a true state- ment in detail oj all fees and compensation of every kind and nature for official services rendered by me, my depu- ties, and assistants, for the month of , A. D. , and that said fee book shows a full amount received or charge- able in said month, and since my last monthly payment; and neither myself, nor to my knowledge or belief, any of my deputies or assistants have rendered any official ser- vice, except for the county, which is not fully set out in said fee book, and that the foregoing statement thereof is true and correct." The treasurer shall file and preserve in his office said statements and affidavit. SALARY FUND. Sec. 219. For the purpose of paying the salaries provid- ed for in this act, all fees directed to be paid into the county treasury "shall be set apart therein as a separate fund, to be known as the salary fund, to be applied to the payment o'f said salaries. Should the amount received from such source be insufficient, it shall be the duty of the county treasurer from time to time to transfer to said fund from the general fund of the county such sums as may be necessary to pay said salaries as they become due. SALARIES— HOW PAID. Sec. 220. The salaries of such officers named in this act as are entitled to salaries shall Se paid monthly out of the coimty treasury; and it shall be the duty of the auditor, on the first Monday of each and every month, to draw his warrant upon the county treasurer in favor of each of said officers for the amount of salary due him under the provisions of this act for the preceding month; ex- cept that one half of the annual salary of the assessor shall be paid to him in equal monthly installments for the months of March, April, May, and June, and one half in equal monthly installments for the remaining eight months of the year. The treasurer shall pay said war- 320 COUNTY GOVERX.MEXT. rants on presentation cut of the salary fund of the county treasury. STATEMENT OF FEES MUST PRECEDE WARRANT FOR SALARY. Sec. 221. The auditor shall not draw his warrant for the salary of any such officer for any month until the latter shall first have presented him with the certificate of the county treasurer, showing that he has made the statement and settlement for that month required in this act. OFFICIAL SERVICES AND FEES. See. 222. The officers mentioned in this act are not in any case, except for the state or county, to perform any official services, unless upon the prepayment of fees pre- scribed for such services, except in cases on habeas corpus and for naturalization, and on such payment the officer must perform the services required. For every failure, or refusal to perform official duty when the fees are ten- dered, the officer is liable on his official bond. ACCOUNT AND RECEIPT FOR FEES. Sec. 223. Every officer, upon receiving any fees for official duty or service, may be required by the person paying the same to make out, in writing, and deliver to such person a particular account of such fees, specifying for what they, respectively, accrued, and shall receipt the same; and if he refuse or neglect to do so when re- quired, he shall be liable to the party paying tne same in treble the amount so paid. POSTER OF FEES OF JUSTICES. Sec. 224. It shall be the duty of each justice of the peace to prepare, and keep posted in a conspicuous place in his office, a plain and legible statement of the fees al- lowed by law to justices of the peace and constables, upon pain of forfeiting, for lailure so to do, fifty dollars, to be recovered, with costs, by any person, before any other justice of the peace of the county. ILLEGAL FEES. Sec. 225. The board of supervisors, upon receiving a certified copy of the record of conviction of any officer for receiving illegal fees, must declare his office vacant. COUNTY GOVERNMENT. 321 SERVICES PERFORMED BY SUCCESSOR. Sec. 226. It shall be the duty of all officers in this act named to complete the business of their respective offices to the time of the expiration of their respective terms; and in case any officer at the close of his term shall leave to his successor official labor to be performed, which it was his duty to perform, he shall be liable to pay to his successor the full value for such services. NO FEES ON HABEAS CORPUS. Sec. 227. No fee or compensation of any kind must be charged or received by any officer for duties performed or services rendered in proceedings upon habeas corpus or naturalization, nor for administering or certifying the oath of office, nor fees or other compensation shall be paid for service rendered in an affidavit or application relating to the securing of a pension or the payment of a pension voucher, or any matter relating thereto, nor filing nor swearing to any claim or demand against any county in this state. Sec. 228. The following are county charges: 1. Charges incurred agtTinst the county by virtue of any of the provisions of this act. 2. The traveling and other personal expenses of the district attorney, incurred in criminal cases arising in the county, and in civil actions and proceedings in which the county is interested, and all other expenses necessarily incurred by him in the detection of crime and prosecution of criminal cases, and in civil actions and proceedings and all other matters in which the county is interested. 3. The expenses necessarily incurred in the support of persons charged with or convicted of crime and committed therefor to the county jail. 4. The sums required by Jaw to be paid to the grand aTnd trial jurors and witnesses in criminal cases. 5. The accounts of the coroner of the county for such services as are not provided to be paid otherwise. 6. All charges and accounts for services rendered by any justice of the peace in the examination or trial of persons charged with crime, not otherwise provided for and allowed by law. 7. The necessary expenses incurred in the support of 322 COUNTY GOVERNMENT. the county hospitals, poorhouses, and the indigent sick and otherwise dependent poor, whose support is chargeable to the countj-. 8. The contingent expenses necessarily incurred for the use and benefit of the county. 9. Every other sum directed by law to be raised for any county purpose under the direction of the board of super- visors, or declared to be a county charge. 10. The fees of constables in criminal cases allowed by law. COST OF CRIMINAL ACTIONS ON RmiOVAL. Sec. 229. When a criminal action is removed before trial, the costs accruing upon such removal and trial shall be a charge against the county in which the indictment or information was found. COSTS ON REMOVAL— HOW CERTIFIED AND PAID. Sec. 230. The clerk of the county to which such action is removed shall certify the amount of costs allowed and certified by the court to the auditor of his county, and such auditor shall audit the same and draw his warrant therefor upon the treasury of the county from which such action was removed; and such auditor shall forv/ard to said treasurer and auditor of the county from which said action was transferred, as aforesaid, a certified copy of the total amount of costs allowed by the court, giving each item as certified to him by the county clerk and the court; and the auditor receiving such certified copy of said costs allowed shall enter the same in his book as a charge against the treasury of his county; and the county treasurer of the county from which said action was re- moved must, immediately upon presentation, pay said warrant out of the general fund of said county; or, if at the date of presentation there is net sufficient money in the said general fund to pay the same, he must indorse upon said warrant, "Not paid for want of funds," and said war- rant must be registered, and shall draw interest at the same rate, and be paid in the same manner, as though it had been drawn by the auditor of the county where the indictment was found. Sec. 231. Counties created or organized after the pas- sage and approval of this act shall immediately come under and be governed by its provisions, so far as the COUNTY GOVERNMENT— COURTS. 323 same are applicable thereto. When the population of any existing county shall have been reduced, by reason of the ci'eation of any new county from the territory thereof, below the class and rank first assumed hereunder, it shall be the duty of the board of supervisors of such county to designate by order the class to which such county has been reduced by reason thereof, and such county shall thereafter enter the list of such class; provided, that the salary of county ofiicers shall not be affected by reason of such division of the county or order of the board, for the term for which they were elected and qualified. In any newly created county, for the purpose of fixing the salaries and fees of county and township offices, the board of commissioners appointed to organize said new county, and if no commissioners be appointed, then the board of supervisors of said new county, shall classify said new county according to the population classification of this act. In each case the population shall be numerically fixed, and when so fixed shall be cei'tified to the secretary of state by the board fixing the same. Sec. 232. All acts and parts of acts inconsistent with this act are hereby repealed. Sec. 233. The provisions of sections one hundred and fifty-eight to two hundred and fourteen, inclusive, of this act, so far as they change the compensation of any officer therein named, heretofore paid a fixed salary, or hereto- fore paid a fixed salary and commissions, and not fees or per diem, shall not affect incumbents, unless otherwise provided in any of said sections. Sec. 234. This act, except as otherwise herein provided, shall take effect and be in force sixty days from and after its passage. TITLE 117. ACT 843. COURTS. Regulating practice in supreme court, [Stats. 1871-2, p. 391.] Superseded by the constitution of 1879. ACT 843. Determining who must act as chief justice of the supreme court. rStats. 1871-2, p. 364.] Superseded by the constitution of 1879. 324 COYOTE SCALPS— CRESCENT CITY. ACT 844. To transfer records, etc., from the courts existing prior to 1879. [Stats. 1880, p. 2.] This act appears in full in Code of Civil Proceiure, Appendix, p. 782. ACT 845. Authorizing judges of superior court in counties, and cities and counties, having a population of two hundred thousand or over, to appoint a secretary. [Stats. 1895, p. 98.] This act appears in full in Code of Civil Procedure, Appendix, p. 764. ACT 846. To confer upon the superior court of each county powers lieretofore possessed by the district, county and pro- bate courts. [Stats. 1880, p. 23.] Other acts relating to courts can be found in the Appendix to the Code of Civil Procedure, pp. 763 et seq. TITLE 118. ACT 851. COYOTE SCALPS. Fixing a bounty on coj'ote scalps. [Approved March 31, 1891. Stats. 1891, p. 280.] Repealed 1895, 1. TITLE 119. ACT 850. CRESCENT CITY. To incorporate. [Stats. 1854, 197.] Amended 1857, 56, 225; 1858, 233. ACT 857. Authorizing location of townsite of. [Stats. 1859, p. 24.] Amended 1860, 279 ; 1862, 226. ACT 858. Ceding lands to. [Stats. 1867-8, p. 335.] Amended 1869-70, 131. This act granted to Crescent City its water-front. ACT 859. Relating to the road, poll ^ property tax in. [Stats. lS'77-8, ^04.] Cal.Rep.Cit. 5£, 34d. CRIMINAL LAW— CRUELTY TO ANIMALS. 325 ^^ TITLE 120. ACT 864. CRIMINAL LAW. To abolish public executions. [Stats. 1858, 192.] Superseded by Penal Code, sec. 1229. TITLE 121. ACT 869. CRUELTY TO ANIMALS. For the more effectual prevention of cruelty to animals. [Stats. 1867-8, 604.] Continued in force. Penal Code, sec. 23 ; Political Code, sec. 19 ; but repealed by act of 1S73-4, 502. ACT 870. Providing for the more effectual prevention of cruelty to animals. [Stats. 1871-2, p. 393.] Repealed 1873-4, 502. ACT 871. Animals, prevention of cruelty to. [Stats. 1873-4, p. 499.] Amended and sees. 20 to 22 added, 1901, 285, Amended 1903, 69. ACT 872. An act to prohibit the use of the bristle bur, tack bur, or other like devices on horses or other animals in this state. [Approved March 13, 1903. Stats. 1903, p. 139.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. It shall be unlawful hereafter in this state for any one, owner, driver or other person, having the care, custody or control of any horse or other animal, to use what is known as the bristle bur, tack bur, or other like device, by whatsoever name known or designated, on any said horse or other animal for any purpose whatso- ever. Sec. 2. A violation of the provisions of this act shall be deemed a misdemeanor and any one found guilty thereof shall be punished by a fine of not less than twenty-five dollars nor more than two h'ap-'ed and fifty dollars, or by imprisonment in the county jk.i not less than ten nor more 326 DAIRIES— DEAF, DUMB, AND BLIND ASLYUM. than one hundred and seventy-five days, or may be pun- ished by both such fine and imprisonment. Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 4. This act shall take effect and be in force from and after its passage. CRUELTY TO CHILDREN. See title Infancy, post. TITLE 122. ^CT 877. DAIRIES. To provide for the inspection of dairies, factories of dairy products, and of dairy products as to their sanitary condition and as to the health of stock; to prevent the sale of milk and the products of milk drawn from diseased animals; to prevent the spread of infectious and contagious diseases common to stock. [Stats. 1899, p. 171.] TITLE 123. ACT 882. DAVISVILLE. To prevent hogs and goats running at large in. [Stats. 1873-4, p. 82.] See sec. 9, statute of 1897, p. 198. TITLE 124. ACT 887. DEADLY WEAPONS. To prevent the -improper and criminal use of deadly weap- ons. [Stats. 1855, p. 268.] Superseded by Penal Code, sec. 417. TITLE 125. DEAF, DUMB, AND BLIND ASYLUM. ACT 892. Powers of directors. [Stats. 1875-6, p. 686.] ACT 893. Supply of water for and for university. [Stats. 1S75-6, p. 816.] Deaf, Dumb, and Blind Asylum : See Political Code, sees. 2237- 2282. DEBRIS COMMISSIONER— DEL NORTE COUNTY. 32T TITLE 126. ACT S9S. DEBRIS COMMISSIONER. To provide for the appointment, duties, and compensation of a debris commissioner. [Stats. 1893, p. 339.] Amended 1897, 169 ; 1901, 284, 564. Sec. 6 repealed 1901, 564. TITLE 127. ACT 903. DEEDS. Concerning conveyances. [Stats. 1850, p. 249.] Cal.Rep.Cit. 43, 343; 54, 483; 61, 506; 64, 269. This act prescribed the manner of making and acknowledging conveyances. It was superseded by the codes. ACT 004. Real estate, conveyances of. [Stats. 1873-4, p. 345.] Cal.Rep.Cit. 97, 154. This act appears in full in Civil Code, Appendix, p. 714. It related to conveyances by persons whose names are changed. TITLE 128. ACT 909. ^^^ NORTE COUNTY. To establish the boundary line between the county of Humboldt and the counties of Del Norte and Siskiyou. [Stats. 1901, p. 600.] ACT 910. Making applicable to act of 1871-2, 203, relating to fence and pound districts. [Stats. 1875-6, p. 391.] ACT 911. Provision for care of indigent sick of. [Stats. 1871-2, p. 109.] Superseded by subds. 5 and 6, sec. 25, County Government Act, 1897, 458, and 1901, 636. ACT 912. Repealing all special road laws in force and relating to. [Stats. 1875-0, p. 335.] ACT 013. Supervisors, changing manner of electing. [Stats. 1871-2, p. 756.] Amepded 1873-4, 12. Repealed by County Government Act, 1897, 452. 328 DENTISTRY. ACT 914. Superintendent of schools, salary of. [Stats. 1875-6, p 507.] Repealed by County Government Act, 1897, 569, sec. 212. ACT 915. Treasurer of, bonds of. [Stats. 1877-8, p. 2.] Superseded by County Government Act, 1897, 475, sec. 66. ACT 91G. Transfer of swamp land fund to general fund. [Stats. 1875-6, p. 143.] Superseded by subd. 18, sec. 25, County Government Act, 1897, 463. TITLE 129. ACT 921. DENTISTRY. Insuring the better education of practitioners of dental surgery, and to regulate the practice of dentistry. [Stats. 1885, p. 110.] Amended 1893, 70. Repealed 1901, 564. ACT 922. An act to insure the better education of practitioners of dental surgery, and to regulate the practice of den- tistry in the state of California, providing penalties for the violation hereof, and to repeal an act now in force relating to the same and known as "An act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the state of California, approved March 12, 1885." [Approved March 23, 1901. Stats. 1901, p. 5t)4.] Amended 1903, 322. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. It shall be unlawful for any person to en- gage in the practice of dentistry in the state of California, unless said person shall have obtained a license from a board of dental examiners, duly authorized and appointed under the provisions of this act to issue licenses; pro- vided, that this act shall not affect the right under the laws of the state of California, of dentists to practice den- tistry who have lawful right to practice dentistry at the time of the passage of this act. DENTISTRY. 329 Sec. 2. A board of dental examiners to consist of seven (7) reputable and ethical practicing dentists is hereby created, to be known as the board of dental examiners of California, whose duty it shall be to carry out the pur- poses aiid enforce the provisions of this act. The mem- bers of this board shall be appointed by the governor of California, all of whom shall have been actively and legally engaged in the practice of dentistry In the state of California, for at least (5) years next preceding the date of their appointment, and none of whom shall be members of the faculty of any dental college, or dental department of any medical college, in the state of Cali- fornia, or shall have any financial interest in any such college. The said seven (7) shall compose the board of dental examiners of California. The term for which the members of said board shall hold ofBce shall be four (4) years, except that two of the members of the board first to be appointed under this act, shall hold their term of office for the term of one year, two for the term of two years, two for the term of three years, and one for the term of four years, and until their successors are duly appointed and qualified. In case a vacancy occurs in the membership of said board, such vacancy shall be filled by appointment by the governor, within thirty (30) days after such vacancy occurs. Sec. 3. It shall be the power and duty of said board to organize by the election of one of its members presi- dent, another secretary, and another treasurer; to meet at least twice each year, at such time and place as the board may designate, for the purpose of transacting the business of the board, and at such other times as the board may elect, or on the call of the president of the board, or of not less than four (4) members thereof. A written notice of the time, place and object of such called meeting to be mallei by the secretary of said board to all the members thereof not parties to the call, at least fifteen (15) days before the day of meeting; to examine all applicants for licenses to practice dentistry according to the provisions of this act; to collect and apply all fees as directed by this act; to keep a book showing the names of all persons to whom licenses have been granted by said board to practice dentistry, and such other books as may be necessary to plainly show all the acts and proceedings 330 DENTISTRY. of said board; to have and to use a seal bearing tlie name "Board of Dental Examiners of California." Sec. 4. Out of the funds coming into the possession of the board, each member of said board may receive as compensation ten dollars (SIO.OO) for each day actually spent in attending to the duties of his office, and mileage at the rate of five cents ($.05) per mile for all distances actually traveled in going to and coming from the meet- ings of the' board. Said expenses shall be paid from the fees and fines received by the board under the provisions of this act, and no part of the salary or other expenses of the board shall ever be paid out of the state treasury. Sec. 5. Each member of the board shall, upon his qualification and the organization oi the board, file with the secretarj', his postoffice address, and thereafter any notice of any change therein. Any notice sent to the address so on file, shall be deemed to comply with the requirements of this act as to notice to them. Sec. 6. All books of said board shall be of public rec- ord and at all times during business hours open to publiv? inspection. A certified copy of any part or all thereof shall be primary evidence in any court of this state. The orig- inal books shall be kept in the office of the secretary of said board, wherever he may reside, and he shall furnish to any person making application therefor a copy of any part thereof, upon the applicant paying a fee of twenty- five cents ($.2.5) per hundred words so copied, the said fee to belong to the secretary. All copies shall be certified by the secretary. Sec. 7. The governor shall have the power to remove from office at any time, any member of the board for continued neglect of duty required by this act, or for in- competency, unprofessional or dishonorable conduct. Sec. S. Said board shall examine all applicants for examination who shall furnish satisfactory evidence of having complied with the provisions of this act, relating to qualification for examination, and all persons satisfac- torily passing such examinations shall be granted by said board a license to practice dentistry in the state of Cali- fornia. The examination of applicants shall be elementary and practical in character, but sufficiently thorough to test the fitness of the candidate to practice dentistry. It shall DENTISTRY. 331 include, written in the English language, questions en the following subjects: Anatomy, physiology, chemistry, ma- teria medica, therapeutics, metallurgy, histology, pathol- ogy, operative and prosthetic dentistry, hygiene and den- tal jurisprudence. The answers to which shall be written in the English l9.nguage. Demonstrations of the appli- cant's skill -4fir operative and prosthetic dentistry must also be given. All persons successfully passing such examinations shall be registered as licensed dentists on the board register, as provided in section three, and shall also receive a certificate of such registration; said certifi- cate to be signed by the president and secretary of said board. In no case shall any applicant be examined or given a certificate who is not twenty-one years of age. Sec. 9. Any member of the board may inquire of any applicant for examination concerning his character, quali- fications or experience, and may take testimony of any one in regard thereto, under oath, which he is hereby empowered to administer. Sec. 10. Every person now licensed to practice den- tistry in this state, vv-ho has failed to register his license with the clerk of the county wherein his place of business is located, as provided by law, must register the same within sixty days after this act takes effect, and every person who shall hereafter be licensed to practice dentistry in this state, shall within six months thereafter register in the office of the clerk of the county where his place of business is located, in a book kept by the clerk for such purpose, and called a register of dentists, his name, age, office address, the date and number of his license to practice dentistry, and the date of such registration, which registration he shall be ejititled to make only upon showing to the county clerk his license or a copy thereof certified by the secretary of the board over its seal, and making an affidavit stating his name, age, birthplace, the number of his license and the date of its issue; that he is the identical person named in the license; that before receiving the same he complied with all the pre- liminary requirements of this statute and the rules of the board of dental examiners as to the terms and tne amount of study and examination; that no money other than the fees prescribed by this statute and said rules, was paid directly or indirectly for such license, and that no fraud. S32 DENTISTRY. _ misrepresentation or mistake in a material regard was employed or occurred in order that such license shoul 1 be conferred. The county clerk shall preserve such affidavit in a bound volume and shall issue to every licentiate duly registering and making such affidavit, a certificate of registration in his county, which shall include a transcript of the registration. Such transcript and license may be offered as primary evidence in all courts of the facts therein stated. A copy of such certificate of registration shall be sent by the county clerk to the secretary of the board within five (5) days after it is made. The county clerk's fees for taking such registration and affidavit and issuing such certificate of registration shall be one (1) dollar. A practicing dentist having registered a lawful authority to practice dentistry in one county of the state, and removing such practice or part thereof to another county shall show or send by registered mail to the clerk of such other county his certificate of registration. If such certificate clearly shows that the original registration was of an authority issued by the board of dental ex- aminers, or if the certificate or registration itself is indorsed by the secretarj- of the board of dental examiners as entitled to registration, the clerk shall thereupon register the applicant in the register of dentists of the latter county on receipt of a fee of fifty (50) cents, and shall stamp or indorse on such certificate of registration the date and his name preceded by the words "Registered also in County," and return the certificate of regis- tration to the applicant. Any lawfully registered person who shall thereafter change his name according to law shall register the new name with a marginal note of the former name with the cierk of the county or counties where he is practicing. The clerk shall note upon the margin of his former registration in ink the fact of such change, and a cross reference to the new registration. The clerk shall forthwith notify the secretary of the board of such change. Any county clerk who knowingly shall make or suffer to be made upon the register of dentists kept in his office any entry other than that provided for in this act, shall be liable to a penalty of $50 to be re- covered by and paid to the said state board of dental examiners in a suit in any court having jurisdiction. Any failure, neglect or refusal on the part of any person holding DENTISTRY. 333 such license to register the same with the clerk of said county as above directed for a period of six months after the issuance thereof shall ipso facto work a forfeiture of his license, and it shall not be restored except upon the payment to said board of twenty-five (25) dollars. Any suspension, revocation or reinstatement of a license shall with the date thereof be forthwith noted by the county clerk on the margin of the registration thereof upon re- ceipt of notice from the secretary of the board. [Amend- ment approved March 20, 1903. Stats. 1903, p. 322. In effect immediately.] Sec. 11. In cases where a person is entitled to an ex- amination for a license, but when the board of examiners is not in session, one member of said board may examine the applicant and furnish him a temporary license to prac- tice dentistry until the next regular meeting of the board, when he shall report the fact, at which time the tem- porary license shall expire. Such temporary license shall not be granted by a member of the board after the board has rejected the applicant. The member of the board con- ducting such examination may, in advance, charge and receive for his services a fee of five dollars ($5.00) to be applied to his own use as compensation. No other fee shall be charged for granting such temporary license, and each person to whom it is granted must have the same registered by the county clerk in the county or counties in which such person may desire to practice dentistry, as provided for in section ten of this act. Sec. 12. No person shall be eligible for examination by the state board of dental examiners who shall not furnish satisfactory evidence of having graduated from a reputable dental college, which must have been indorsed by the board of dental examiners of California; or who shall not have graduated from a high school or similar insti- tution of learning, in this or some other state of the United States, requiring a three years' course of study, and who cannot furnish to the board of dental examiners an affidavit, containing his or her name, the name of his or her preceptor, and the names of at least two reputable witnesses, certified to in the state of California before a notary public, showing that he or she has completed an apprenticeship of four years of twelve months each, with a licensed practitioner of dentistry, in the state of Call- 334 DENTISTRY. fornia, or cannot furbish to said board of examiners a certificate from the state board of dental examiners, or similar body, of some other state in the United States, showing that he or she has been a licensed practitioner of dentistry in that state for at least five (5) years. [Amend- ment approved March 20, 1903. Stats. 1903, p. 324. In effect immediately.] Sec. 13. From and after the passage of this act any and all persons desiring to enter upon the practice of dentistry In the state of California, without graduating from a reputable college in the United States, or produ- cing satisfactory evidence of having been a licensed prac- titioner of dentistry in some other state for at least five years, must file v/ith the board of dental examiners an affidavit certified to before a notary public of the state of California, of his intention to begin an apprenticeship with a licensed practitioner of dentistry in this state, and the said affidavit must certify that the affiant has regularly graduated from a high school or similar institution of learning in the United States, as provided in section twelve of this act, and contain in full, the names of both affiant and his proposed preceptor and the names of two reputable witnesses, together with the date of beginning of his proposed term of apprenticeship; and the board of dental examiners shall issue to affiant a receipt for same. Sec. 14. Every person applying to the board of dental examiners for a license to practice dentistry shall pay to the board a fee of twenty-five (25) dollars, which shall in no case be refunded. Every licensed dentist shall on or before the first day of May of each year, except the one in which he is licensed, pay to the secretary of the board of dental examiners a fee of two (2) dollars, which shall be used exclusively for the prosecution of violators of this act and for expenses of collecting said fee. The year for which a fee shall be paid shall begin the July first follow- ing the May when it becomes due and end the succeeding June 30th. The board may reduce or remit altogether said fee for any year, but such reduction or remission must be made alike to all liable to pay the same. In case any person defaults in paying said fee, his license may be revoked by the board of dental examiners on thirty days' notice in writing from the secretary, unless within said time said fee is paid, together with such penalty not DENTISTRY. 335 exceeding ten (10) dollars, as the board may impose. Upon payment of said fee and penalty the board shall reinstate the delinquent's license. On or before the first ■day of July of each year the secretary of the board shall send to the county clerk of each county in tne state a certified list of all practicing dentists therein who have paid said fee, and the clerk shall enter or paste the same in the register of dentists. Necessary expenses per diem compensation and mileage of the members of the board iu- cui'red while in attendance on meetings not for prosecut- ing violators of this act shall be paid out of the other tees and fines provided for in this act. All moneys re- ceived under this act shall be deposited in some reliable bank in the name of the board, and shall be withdrawn only on the joint check of the president and the secretary of the board. [Amendment approved March 20, 1903. Stats. 1903, p. 324. In effect immediately.] Sec. 15. Any and all persons shall be understood to be practicing dentistry within the meaning of this act who shall for a fee, salary, or reward, paid directly or indi- rectly, either to himself or to some other person, perform operations of any kind upon, or treat diseases or lesions of the human teeth or jaws, or correct malimposed posi- tions thereof, or display a sign, or in any way advertise himself as a dentist; but nothing in this act contained shall prohibit bona fide students of dentistry from operat- ing in the clinical departments or the laboratory of a reputable dental college, or an unlicensed person from performing merely mechanical work upon inert matter in a dental office or laboratory; or the student of a licen- tiate from assisting his preceptor in dental operations while in the presence of and under the personal super- vision of his instructor; or a duly licensed physician from Treating diseases of the mouth, or performing operations in oral surgery. But nothing in the provisions of this act shall be construed to permit the performance of dental operations by anj' unlicensed persons under cover of the name of a regular practitioner of dentistry. [Amendment approved March 20, 1903. Stats. 1903, p. 325. In effect immediately.] Sees. 16, 17, 18. Repealed. [Amendment approved March 20, 1903. Stats. 1903, p. 325. In effect immediately.] Sec. 19. Any person, company or association shall be 336 DENTISTRY. guilty of a misdemeanor, and upon conviction thereof shall be punishable with a fine of not less than fifty (50) dol- lars or more than five hundred (500) dollars, or by im- prisonment for not less than five (5) days nor more than six (6) months in the county jail, or by both fine and im- prisonment, who 1. Shall sell or barter, or offer to sell or barter, any diploma or document, conferring or purporting to confer any dental degree, or any certificate or transcript, made or purporting to be made, pursuant to the laws regulating the license and registration of dentists; or 2. Shall purchase or pi'ocure by barter, any such di- ploma, certificate or transcript, with intent that the same shall be used as evidence of the holder's qualification to practice dentistry, or in fraud of the laws regulating such practice; or 3. Shall with fraudulent intent, alter in a material re- gard any such diploma, certificate or transcript; or 4. Shall use or attempt to use any such diploma, certifi- cate or transcript, which has been purchased, fraudulently issued, counterfeited or materially altered, either as a license or color of license to practice dentistry, or in order to procure registration as a dentist; or 5. Shall practice dentistry under a false or assumed name ; or 6. Shall assume the degree of "doctor of dental sur- gery" or '"doctor of dental medicine," or shall append the letters "D. D. S." or "D. M. D." to his or her name, not having duly conferred upon him or her, by diploma from a recognized dental college or school legally empowered to confer the same, the right to assume said title; or shall assume any title, or append any letters to his or her name, with the intent to represent falsely that he or she has received a dental degree or license; or 7. Shall in an afiidavit, required of an applicant for examination, license or registration, under this act, will- fully make a false statement in a material regard; or 8. Shall engage in the practice of dentistry under any title or name without causing to be displayed in a con- spicuous manner and in a conspicuous place in his or her office the name of each and every person employed in the practice of dentistry therein, together with the word me- DENTISTRY. 337 chanic or apprentice after the name of each unlicensed per- son employed; or 9. Shall within ten days after demand, made by the secretary of the board, fail to furnish to said board the name and address of all persons practicing or assisting in the practice of dentistry in the office of said person, company or association, at any time within sixty days prior to said notice, together with a sworn statement showing under and by what license or authority said per- son, company or association and said employee are and have been practicing dentistry, but said affidavit shall not be used as evidence against such person, company or as- sociation in any proceeding under this section; or 10. Is practicing dentistry in the state without a license, or whose license has been revoked or suspended. [Amend- ment approved March 20, 1903. Stats. 1903, p. 325. In effect immediately.] Sec. 20. It is hereby further provided, that tne con- ferring of degrees and the bestowing of diplomas, by reputable dental colleges of this state, who have been indorsed by the board of dental examiners of California, and are members of the National Association of Dental Faculties, are not included in the foregoing penalties, nor shall their rights and prerogative ever be abridged in any manner whatsoever. Sec. 21. All fines, penalties or forfeitures, not including the examination fee, imposed or collected for the viola- tion of any of the foregoing provisions of this act, unless otherwise specified, shall be paid as follows: One half into the common school fund in the county in which the prosecution is had, and one half to the treasurer of this board, to be turned into the regular funds of this board, and it shall be the duty of the county treasurer of each county, upon the receipt by him of any such fines, penal- ties or forfeitures, to forthwith pay over the same one half to the treasurer of this board. Said board, or any member or officer thereof, may prefer a complaint for vio- lation of the law regulating the practice of dentistry, before any court of competent jurisdiction, and may by its officers, counsel and agents, aid in presenting the law or facts before said court, in any proceeding taken thereon; and it shall be the duty of the district attorney of each county of this state, to prosecute all violations o£ the Gen. Laws — 15. 338 DENTISTRY. ^ aforesaid provisions of this act in their respective counties in which such violations occur. Sec. 211/^'- Any dentist may have his license revoked or suspended by the board of dental examiners' for any of the following causes: 1. His conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction or a certified copy thereof, certified by the clerk of the court, or by the judge in whose court the conviction is had, shall be conclusive evidence. 2. For unprofessional conduct, or for gross ignorance, or ineflBciency in his profession. Unprofessional conduct shall mean employing what are known as cappers, or steerers to obtain business; the obtaining of any fee by fraud or misrepresentation; willfully betraying profes- sional secrets; employing directly or indirectly any student or any suspended or unlicensed dentist to perform opera- tions of any kind, or to treat lesions of the human teeth or jaws, or correct malimposed formations thereof, ex- cept as heretofore provided in section 15; the adver- tisement of dental business or treatment or devices in which untruthful, improbable or impossible statements are made; or habitual intemperance or gross immorality. The proceedings to revoke or suspend any license under the first subdivision of section 21i^, must be taken by the board on the receipt of a certified copy of the record of conviction. The proceedings under the second subdivision of section 21 1^ may be taken by the board from the mat- ters within its knowledge, or may be taken upon the in- formation of another. All accusations must be in writing, verified by some party familiar with the facts therein charged, and three copies thereof must be filed with the secretary of the board. Upon receiving the accusation the board shall, if it deem it sufficient, make an order setting the same for hearing, ana requiring the accused to appear and answer it at said hearing, at a specified time and place, and the secretary shall cause a copy of the order and of the accusation to be served upon the accused at least ten (10) days before the day appointed in the order for said hearing. The accused must appear at the time appointed in the order and answer the charges and make his defense to the same, unless for sufiicient cause the board assign another day for that purpose. If he do DENTISTRY— DIABLO CREEK. 339 not appear the board may proceed and determine the accusation in his absence. If the accused plead guuty or refuse to answer the charges, or upon the hearing thereof the board shall find them or any of them true, it may proceed to a judgment revoking his license or suspending it. The board and the accused may have the benefit of counsel, and the board shall have power to administer oaths, take the depositions of witnesses in the manner provided by law in civil cases, and to compel them to at- tend before it in person the same as in civil cases, by subpoena issued over the signature of the secretary and the seal of the board and in the name of the people of the state of California. Upon the revocation of any license, the fact shall be noted upon the records of the board of dental examiners and the license shall be marked as can- celed, upon the date of its revocation. [New section ap- proved March 20, 1903. Stats. 1903, p. 326. In effect immediately.] Sec. 22. The members of the board of dental examiners shall make an annual report of its proceedings to the governor of California by the first of December of each year, together with an account of all moneys received and disbursed by them, pursuant to this act. Sec. 23. Four members of said board of dental exam- iners shall constitute a quorum for the transaction of business at any meeting of the board. Sec. 24. Nothing in this act shall be so construed as to interfere with the rights and privileges of physicians and surgeons in the discharge of their duties. Sec. 25. This act shall take effect immediately, and all laws in conflict with this act are hereby repealed. TITLE 130. ACT 927. DESCENT AND DISTRIBUTION. To regulate descents and distribution. [Stats. 1850, p. 219.] Superseded by Civil Code, sec. 1386. TITLE 131. ACT 932. DIABLO CREEK. To declare Diablo Creek in Contra Costa County navigable. rStats. 1858, p. 127.] Incorporated in Political Code, sec. 2349. 34:0 DISSECTION— DITCHES. TITLE 132. ACT 937. DISSECTION. To promote the study of anatomy. [Stats. 1869-70, p. 405.] This act provided for the surrender of dead bodies for dis- section. It was superseded by Political Code, sees. 3093-3095. TITLE 133. ACT 942. DISTRICT ATTORNEYS. Authorizing and directing district attoi'neys to bring suits to abate nuisances. [Stats. 1899, p. 103.] ACT 943. In relation to district attorneys, their assistants and clerks in cities and counties, and counties having a popula- tion of more than one hundred and twenty-five thou- sand. [Stats. 1891, p. 21.] "Unconstitutional. (Darcy v. Mayor, 104 Cal. 642 ; Ex parte Glambonini, 112 Cal. 574.) Superseded by County Government Act, 1897, and by charter of San Francisco." — Code Commissioners' note. ACT 944. Apportioning the fees between district attorneys and their successors. [Stats. 1865-6, p. 163.] Amended 1865-6, 325. "Superseded by County Government and other acts requiring officers to pay their fees into the county treasury." — Code Commis- sioners' note. ACT 945. District attorneys, relating to fees of in certain counties. [Stats. 1871-2, p. 799.] "Probably repealed by sees. 171, 177, 186, and 211 of the County Government Act, 1897, 523, 527, 540, 568, fixing the salaries of district attorneys." — Code Commissioners' note. This act related to the counties of Butte, Inyo, Placer, and Shasta. TITLE 134. ACT 950. DITCHES. An act for the protection of the owners of ditches and flumes. [Approved March 16, 1889. Stats. 1889, p. 202.] DIVORCES— DIXON. 341 Joint liability of owners of ditch or flume. Section 1. When two or more persons are associated by agreement in the use of a ditch or flume, or are using for the irrigation of land a ditch or flume, to the construc- tion of which they or their grantors have contributed, each of them shall be liable to the other for the reasonable expense of maintaining and repairing the same in propor- tion to the share in the use of the water to which he is entitled. Action for refusal to pay proportional expense. Sec. 2. If any of them refuse or neglect, after demand in writing, to pay his proportion of such expenses, he shall be liable therefor in an action for contribution in the nature of an action on the case, and in any judgment ob- tained against him, interest from the time of sucii demand, at the rate of two per cent per month may be included. Willful appropriation a misdemeanor. Sec. 3. If any of them willfully appropriate to his own use more than his proportionate share of the water from such ditch or flume, to the detriment of his associates, or any of them, he shall be liable in damages in treble the value of the water so appropriated in excess of his proper share. Actions, how brought. Sec. 4. The actions provided for in sections two and three may be brought by any or either of the parties injured, and may be joint or several. Sec. 5. This act shall take effect from and after its passage. TITLE 135. ACT 955. DIVORCES. Concerning divorces. [Stats. 1851, p. 186.] Amended 1853. 70 ; 1869-70. 291. Supplemented 1857, 240. Superseded by provi.sions of Civil Code. TITLE 136. .^CT 9«0. DIXON. Incorporating town of. [Stats. 1877-8, p. 712.] Superseded by incorporation, in 18S4, uuder Municipal Cor- poration Act of 1883. 342 DOGS. TITLE 137. DOGS. Dogs killing sheep, liability for : See Sheep, post. ACT 965. An act to protect sheep and cashmere and angora goats against the ravages of dogs. [Approved March 13, 1866; 1865-6, 225.] This act is not included in the acts in force compiled by the code commissioners. It has not been in terms repealed. It is dif- ficult to tell what, if any, part of it is in force, and it is therefore set forth at length. Dog tax. Section 1. Every owner, claimant, or keeper of a dog or dogs of the age of four months or over, shall hereafter pay an annual tax on all dogs owned, claimed, or kept by him or her; for the first male dog, one dollar; for every additional male dog, two dollars; and for every female dog, three dollars. Collection. Sec. 2. It shall be the duty of the county, district, or township assessors, as the case may be, at the time of making their annual assessment of real estate and per- sonal property, to ascertain by diligent* inquiry and exam- ination the names of all persons owning, claiming, or keeping any dog or dogs, and they shall assess all such dogs in the amounts respectively, as provided in the first section of this act, to the person or persons owning, claim- ing, or keeping the same, and shall make lists and delivery thereof on their annual tax lists or assessment rolls at the same time and in the same manner as their lists and delivery of other personal property are made and de- livered; and the proper officers are hereby empowered and required to collect such tax on dogs in the same mode and manner as other taxes are collected, and to pay over the same into the county school fund. Ownership. Sec. 3. Every dog kept or staying at any house shall be deemed sufficient evidence of ownership to authorize the assessor to return the person inhabiting the house as the owner of such dog; and any person sending his or her dog from house to house or from place to place in order DORRIS BRIDGE, TOWN OF— DRAINAGE. 343 to evade said tax shall pay double rates therefor; and every dog not so returned shall be deemed to have no owner, and may be lawfully killed by any person seeing the same running at large. Damages. Sec. 4. The owner or owners of any dog or dogs which shall worry, wound, or kill any sheep, cashmere or angora goats, shall be liable to the owner or possessor of such sheep, goat or goats, for the damages and costs of suit, to be recovered before any court having jurisdiction in the case. Killing. Sec. 5. Any person finding any dog or dogs, not on the premises of its owner, worrying, wounding, or Idlling any sheep, or cashmere or angora goats, may kill the same, and the owner thereof shall sustain no action for damages against any person so killing any dog or dogs under such circumstances. TITLE 138. ACT 970. DORRIS BRIDGE, TOWN OF. Dorris Bridge, name changed to Alturas. [Stats. 1875-6, 513.] TITLE 139. ACT 075. DOWNIEVILLE. To incorporate. [Stats. 1863, p. 74.] Amended and repealed 1863-4, 275 ; 1865-6, 642. Repealed 1901. 276. TITLE 140. ACT 980. DRAINAGE. To promote drainage. [Stats. 1880, p. 123.] Unconstitutional. (People v. Parks, 58 Cal. 624; Doane T. Weil, 58 Cal. 334.) ACT 981. Creating Sacramento River drainage district, to establish a board of commissioners therefor and to define their powers and duties. [Stats. 1877-8, p. 987.] 344 DRAINAGE. ACT 982. To provide for the organization and government of drain- age districts, for tlie drainage of agricultural lands other than swamp and overflowed lands. [Stats. 1897, p. 334.] Amended 1901, 554. Repealed 1903, 317. ACT 983. To provide a system of drainage for agricultural, swamp, and overflowed lands. [Approved March 3, 1881. Stats. 1881, p. 15.] Amended 1897, 220. Unconstitutional. (Hickey v. Stearns Ranclio Co., 126 Gal. 151.) ACT 984. To abolish the state drainage construction fund and di- recting the transfer of any balance remaining therein to the general fund. [Stats. 1893, p. 64.] ACT 985. An act to promote drainage. [Approved March 18, 18S5; 1885, 204.] Amended 1891, 262. Petition to adopt measures to drain lands. Section 1. Whenever the owners of two thirds of any body of lands susceptible of one mode of drainage desire to drain the same, they may present to the board of super- visors of the county in which the lands, or the greater portion thereof, are situated, at a regular meeting of the board, a petition setting forth that they desire to adopt measures to drain the same, the description of the land, the number of acres in the whole district, and the number of acres in each tract, and the names of the owners thereof, and the names of three persons who may desire to serve as trustees for the first three months; the petition must be verified by the affidavit of one of the petitioners, and must be published for four weeks next preceding the hearing thereof, in some newspaper published in the county in which the lands are situated; or if there is no newspaper published in the county, then it must be pub- lished in some newspaper having a general circulation in the county, and an affidavit of such publication must be filed with the petition. DRAINAGE. 345 District lying in different counties. Sec. 2. Wlien a district is situated partly in different counties, tlie trustees must, after ttie petition has been granted, forward a copy thereof to the clerli of the board of supei'visors of any county in which any portion of the district may lie, and the board to which the same is for- warded must not allow another district to be formed within such district, unless with the consent of the trus- tees thereof. Formation of district. Sec. 3. If the board of supervisors find, upon the hearing of such petition, that lands have been improperly included in such district, they may, before fixing the final boundaries, exclude from such district any lands which may have been included, or include any lands adjacent thereto, on petition of any owner of such land presented at such time of hearing, as they may deem for the best in- terests of such district; and they must then define the boundaries, declare the district duly formed, and the persons named in the petition for the formation of such district to be the trustees for the first three months, or until their successors are appointed. [Amendment ap- proved March 31, 1891. Stats. 1891, p. 262, In effect immediately.] Recording petition. Sec. 4. The petition must then be recorded by the county recorder. By-laws. Sec. 5. After the approval of the petition the petition- ers may make such by-laws as they deem necessary for future appointment of trustees, and to effect the work of drainage, keep the same in repair and operation, and for the control and management thereof, by the votes or consent of the owners of a majority of the land in the district. Signing and recording by-laws. Sec. 6. The by-laws adopted must be signed by persons owning a majority of land in the district, and must be recorded by the county recorder. Power of board. Sec. 7. The board thus formed shall have power to elect one of their number president thereof, and to em- 346 DRAINAGE. ploy engineers to survey, plan, locate, and estimate tlie cost of the works necessary for drainage, and the land needed for right of way, including drains, canals, sluices, water-gates, embankments, and material for construction, and to construct, maintain, and keep in repair all works necessary to the object in view. Plans and estimates. Sec. 8. The board of trustees must report to the board of supervisors of the county, or if the district is situated in more than one county then to the board of supervisors of each county in which the district is situated, the plans of the work and estimates of the costs, together with the estimates of the incidental expenses of superintendence, repairs, etc. Assessing expense. Sec. 9. The board by which the district was formed must appoint three commissioners, disinterested persons residing in the county in which the district, or some part thereof, is situated, and such commissioners must view and assess upon the lands situated in the district a charge proportionate to the whole expense, and to the benefit which will result from such work, which charge must be collected and paid into the county treasury as herein- after provided, and must be placed by the treasurer to the credit of the district, and paid out for the work of drain- age upon the warrants of the trustees appointed by the board of supervisors of the county. Warrants on the treasurer. Sec. 10. The warrants drawn by the trustees must, after they are approved by the board of supervisors, be pre- sented to the treasurer of the county, and if they are not paid on presentation, like indorsements must be made thereon, and they must be registered in, like manner as county warrants. Payments when district in different counties. Sec. 11. If a district is situated partly in different coun- ties the charges must be paid into the treasury of the county in which the particular tract may be situated. Further assessment. Sec. 12. If the original assessment is insufficient to pro- vide for the complete drainage of the lands of the district, or if further assessments are from time to time required to DRAINAGE. 347 provide for the protection, maintenance, and repairs of the works, the trustees must present to the board of super- visors by which the district was formed a statement of the worli to be done and its estimated cost, and tlie board must make an order directing that the commissioners who made the original assessment, or other commissioners to be named in such order, to assess the amount of such esti- mated cost as a charge upon tlie lands in the district, which assessment must be made and collected in the same manner as the original assessment. List of charges and of lands. Sec. 13. The commissioners appointed by the board of supervisors must make a list of the charges assessed against each district of land, and the list must contain a description of each tract assessed, the number of acres in each tract, and the names of the owners in each tract, if known, and if unknown, the amount of charges assessed against each tract; and the board of commissioners must, on completion of such list, cause a notice to be published in some paper published in the county where such district is situated, and also have such notice posted in three places in such district, to the effect that the board of commis- sioners will, in ten days from the publication of such notice, meet (and they shall also name the time and place of such meeting) as a board of equalization for the purpose of equalizing assessments, and will continue in session as long as may be necessary, not to exceed ten days, at the end of which time, having equalized and ad- justed such assessments, the list must then be filed as hereinafter provided. [Amendment approved March 31, 1891. Stats. 1891, p. 262. In effect immediately.] Filing list. Sec. 14. The list so made must be filed with the county treasurer of the county, or if the district is partly situated in different counties, then the original list must be filed in the county first in order under alphabetical arrangement, and copies thereof, certified by the commissioners, must be filed with the treasurers of each of the other counties. From and after the filing of the list, or certified copies thereof, the charges assessed upon any tract of land in the county constitutes a lien thereon; and the list thus prepared must remain in the office of the treasurer for 348 DRAINAGE. thirty days, or longer if ordered by the board of trustees; and during the time they so remain any person may pay the amount of the charges against any cract to the treasur- er without costs; or if so ordered by the board of trustees, said payments may be by installments; and if at the end of thirty days, or of the longer period fixed by trustees, all of the charges, or all of any installments ordered by them, have not been paid, the treasurer must return the list to the district attorney, who must at once proceed by civil action to collect such charges. Executing work. Sec. 15. The work must be executed under the direction and in the manner prescribed by the board of trustees. Account of expenditures. Sec. 16. The board must keep accurate accounts of all expenditures, which accounts, and all contracts that may be made by them, are open to the inspection of the board of supervisors, and every person interested. Purchases by trustees. Sec. 17. The trustees may acquire, by purchase, all property necessary to carry out and maintain the system of drainage provided for. Eminent domain. Sec. 18. The trustees may acquire, by condemnation, the right of way for canals, drains, embankments, and other works necessary, and may take materials for the construction, maintenance, and repair thereof from lands outside of as well as in the limits of said district. Same. Sec. 19. The provisions of title VII, part III, of the Code of Civil Procedure are applicable to. and condemnation herein provided for must be made thereinunder. Drainage by owners. Sec. 20. Whenever any district susceptible of one mode of drainage, entirely owned by parties who desire to drain the same, and to manage such drainage without the inter- vention of trustees of [or], the establishment of by-laws, they may file the petition provided for in sections one and two. and must state therein that they intend to imdertake such drainage on their own responsibility. If the petition is granted, the owners of the land have all the rights, DRAINAGE. 349 immunities, and privileges granted to boards of trustees, and in all proceedings the names of owners may be used instead of the names of trustees. Sec. 21. This act shall take effect upon its passage. ACT 986. An act to promote the drainage of wet, swamp and over- flowed lands, and to promote the public health in the communities in which they lie. [Approved March 21, 1903. Stats. 1903, 354.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever ten or more landholders owning parts of any body of wet, swamp or overflowed lands sus- ceptible of drainage by a ditch or drain, or a system of ditches or drains, shall file with the board of supervisors of the counts' in which said lands, or a portion thereof, are situated, a petition for the establishment of such ditch or drain, or system of ditches or drains, for the draining of said body of lands, defining the boundaries of such body of lands and the location and courses of such ditch or drain, or system of ditches or drains, through said body of lands, and the lands through which it or they are to pass to their outlets, and shall give said supervisors a good and sufficient bond for the payment of all costs that may accrue provided said petition shall not be granted, said supervisors shall, within thirty days of the filing of said petition, appoint a day for the hearing of the same, which shall not be less than fifteen nor more than forty days from such appointment; and shall, also, cause to be published in some newspaper published and having a general cir- culation in the county, a copy of said petition together with a notice by the clerk of said board of the time and place set for hearing said petition; said publication shall be in a daily or weekly newspaper and for at least two weeks next preceding the time set for said hearing. Sec. 2. Said supervisors shall also direct the county sur- veyor to survey the line or lines of said proposed aitch or drain, or system of ditches or drains, taking notes of the descent of the land and the character thereof, and report to said board, on or before said day of hearing, the descent, if any, between the head and outlet of said ditch or ditches, together with a list of intermediate grades, the lands bene- 350 DRAINAGE. fited by said proposed ditch, or ditches, and such other information as may come under his notice upon the matter of such proposed location. In locating such ditches or drains, whenever practicable, they shall be located on section or subdivision lines, but the said surveyor may. in surveying the same, follow the lines of location described in said petition or vary therefrom as he may deem for the greatest advantage of said lands and the best location of said ditch or ditches. Sec. 3. Upon the hearing of said petition any person interested in the lands described therein, or the com- munity in which the same are located, may appear and sup- port or oppose the granting of said petition, and witnesses may be sworn and testify in reference thereto. Sec. 4. If the supervisors shall, on hearing the petition, find that the construction of the ditch or drain, or system of ditches or drains, petitioned for (or as modified by the report of the surveyor) would be advisable, and beneficial to the lands described in the petition, or a smaller body lying within the same, and such body of lands so to be benefited constitute the lands of a farming community or neighborhood, or that the construction of said ditch or drain, or system of ditches or drains, would be conducive to the health of the community or neighborhood in which they lie, then, the supervisors shall, in their discretion, grant said petition for the construction of said ditch or drain, or system of ditches or drains, as prayed for (or as modified by the report of the surveyor) and shall proceed to examine the lands affected thereby, and shall direct the surveyor to survey the same and set stakes every hun- dred feet, and to make a journal of the depth and width to be excavated at each of said stakes. If. upon the hear- ing, the said supervisors shall find the location of said ditch or ditches unadvisable, the petition shall be denied and the costs of the proceedings shall be collected from the petitioners or their bondsmen. Sec. 5. After having made such examination of the lands so affected said supervisors shall then apportion the excavation of said ditch and the cost of location (including the cost of right of way, when necessary) and superintendence of construction by the surveyor, to the lands affected thereby, according to the benefits received, after giving notice to the owners of such lands of the time DRAINAGE. 351 and place of making such apportionment, and giving to each a hearing. The names of such owners may be taken from the last assessment books of the county wherein such lands are situate, and such notice shall be in writing, delivered to each landowner resident upon such land so affected, or left at his place of residence with some com- petent person, at least ten days before the time set for said hearing, and to each landovv^ner not resident upon such lands so affected, by depositing the same in the post- office directed to him at his place of residence or address, at least twelve days before said time so set for said hearing, and in case the residence or postoffice address of such non-resident be not known, then by posting said notice in a prominent place on the lands so affected and owned by him, at least twelve days before the time set for said hear- ing. All notices provided for in this act shall be given by the clerk of said board of supervisors, by and under their direction and authority. Sec. 6. After having completed said hearing and appor- tionment, the board shall then give notice in the same manner as provided in section five, to ail the landown- ers of the part of ditch apportioned to them, as described by the stakes and their numbers, and of the specifications of the ditch, and, also, of the cost of location and superin- tendence of construction (and right of way, when neces- sary) ; and said notice shall also specify the time set for the completion of the work and the payment of the cost of location, superintendence and right of way. Sec. 7. On the day set for the completion of the work, or as soon thereafter as is practicable, the county surveyor shall proceed to examine said ditch or ditches, and if, in bis opinion, any portion thereof shall not be completed ac- cording to the specifications, he shall report the same to the board of supervisors, who shall fix a reasonable time within which the same shall be completed, and shall notify the person to whom said portion was apportioned to com- plete the same within such time. If not so completed, at the expiration of the time specified said board of super- visors shall advertise the construction of the same by posting notices for two weeks in three conspicuous places within the territory affected by said ditch. Upon the time specified in said notice said supervisors shall proceed to let the same to the lowest responsible bidder, who shall 352 DRAINAGE. give such bonds as shall be required by said board, and shall proceed to complete such works in the time agreed upon. The board shall report the cost of such work to the county auditor, who shall cause the amount thereof to be entered on the tax books of the county, and the same shall be a tax upon said lands, which amount shall be collected the same as other taxes, and paid to the person performing such work. The cost of location and supervision, and right of way, if not paid at the time re- quired, shall also be reported in like manner to the county auditor and collected as a tax upon the lands affected and paid to the county treasurer. Sec. 8. The county treasurer shall place such funds to the credit of each respective ditch fund and shall pay out the same on warrants drawn by the board of super- visors. The treasurer shall receive, as compensation for his services, one per cent of all moneys by him disbursed under this act. Sec. 9. The county surveyor shall superintend the con- struction of all ditches and drains constructed under the provisions of this act, and when constructed they shall be in charge of the oflBcer having charge and supervision of the roads in the district in which they lie. The owners of lands to whom they have been apportioned, shall keep in repair such ditches in accordance with the apportion- ment, and if not so kept in repair, the board of super- visors shall direct the same to be done, and the cost there- of shall be a tax upon the land, to be collected as here- inbefore provided. Sec. 10. Any person causing an encroachment or ob- struction to any ditch or drain created under the provis- ions of this act, and failing to remove the same for the space of twenty-four hours after notice shall have been given to such person by the road-master, if he can be found in the county, otherwise by posting by him at or near the place of encroachment or obstruction, may be fined not exceeding two hundred dollars, or imprisoned not more than thirty days in the county .iail. or by both such fine and imprisonment. The. fines so collected shall be placed to the credit of the district road fund where such encroach- ment or obstruction is had, and proceedings for such of- fenses may be had before any court of competent jurisdic- tion. DRAINAGE. 353 Sec. 11. The provisions of this act shall not be con- strued so as to permit waters to be carried out ct their natural course t0 augment other streams or drains, to the damage of the residents along the banks of the streams or drains so augmented. Sec. 12. Whenever the board of supervisors cannot pur- chase, at a reasonable price, or procure the right of way, or procure the consent of all parties interested to join or connect with any existing ditches or outlets, the president of the board may proceed to condemn the same under the provisions of title VII, part III, of the Code of Civil Pro- cedure, and amendments thereto, which are now existing or may hereafter be made. Sec. 13. This act is not intended to supersede or repeal any other act for the construction or maintenance of ditches or for drainage purposes, but is intended as an independent and alternative means of constructing such ditches where most applicable or desirable to the parties interested. Sec. 14. This act shall take effect and be in force from and after its passage. ACT 987. An act to provide for the organization and government of drainage districts, for the drainage of agricultural lands other than swamp and overflowed lands, and to provide for the acquisition or construction thereby of works for the drainage of the lands embraced with- in such districts. [Approved March 20, 1903. Stats. 1903, 291.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever fifty or a majority of the nolders of title, or evidence of title as herein provided, to agri- cultural lands other than swamp and overflowed lands, which are susceptible of one general mode of drainage by the same system of works, desire to provide for the drain- age of such lands, they may propose the organization of a drainage district under the provisions of this act, and when so organized, such district shall have the powers, rights and duties conferred, or which may be conferred by law, upon such drainage districts. The equalized county assess- ment roll next preceding the presentation of a petition for the organization of a drainage district under the provisions 354 DRAINAGE. of this act, shall be sufficient evidence of title for the pur- poses of this act; provided, that no person who has re- ceived or acquired title to land within such pi'oposed dis- trict for the purpose of enabling him or her to join in such petition or to become an elector of said district, shall be allowed to sign such petition or to vote at any election to be held in such district under the provisions of this act. Such illegal signing, however, shall not invalidate such petition when there shall be found a sufficient number of other legal petitioners. Sec. 2. In order to propose the organization of a drain- age district, a petition shall be presented to the board of supervisors of the county in which the lands within the proposed district or the greater portion thereof, are sit- uated, signed by the required number of holders of title, or evidence of title, to lands within such proposed district, which petition shall set forth and particularly describe the proposed boundaries of such district, and shall pray that the same be organized under the provisions of this act. The petitioners must accompany the petition with a good and sufficient bond, to be approved by the said board of supervisors, in double the amount of the probable cost of organizing such district, conditioned that the obligors will pay all the costs in case such an organization will not be effected. The petition shall be presented at a regular meeting of said board of supervisors, and shall have been published for at least two weeks before such presentation, in some newspaper printed and published in the county where the petition is presented, together with a notice stat- ing the date of the meeting of said board at which the pe- tition will be presented; and if any portion of the pro- posed district lies within another county, or counties, then said petition and notice shall be likewise published in a newspaper printed and published in each of such counties. Sec. 3. When such petition is presented, the board of supervisors shall hear the same, and may adjourn such hearing from time to time not exceeding four weeks in all. and on the final hearing said board shall make such changes in the proposed boundaries as may be deemed advisable, and shall define and establish such boundaries. But said board shall not modify said boundaries so as to exclude from such proposed district any territory which is susceptible of drainage by the same system of works DRAINAGE. 355 applicable to tlxe other lauds in such proposed district; nor shall any lands which will not, in the judgment of said board, be benefited^b^y drainage, by means of said system of works, 4>e Included within such proposed district. Any person whose lands are susceptible of drainage by the same system of works, may, upon his application, in the dis- cretion of said board, have such lands included within said proposed district. Upon such hearing of said petition, the board of supervisors shall determine whether or not said petition complies with the requirements of sections one and two of this act, and for that purpose must hear all competent and relevant testimony offered in support or in opposition thereto. Such determination shall be entered upon the minutes of said board of supervisors. Sec. 4. The right of appeal from said order to the superior court of the county where said petition is heard, is hereby given to any person interested, who is a party to the record; provided, that if more than one appeal be taken they shall be consolidated and tried together. Such appeal shall be taken within ten days after the en- try of such order upon the minutes of the board of super- visors. The appeal shall be taken and heard in the same manner as appeals from justices' courts to the superior court, except as herein otherwise provided. Upon the ap- peal, the superior court may make and enter its judgment affirming, modifying, or reversing the order appealed from. Within ten days thereafter, the superior court must cause its remittitur to issue to said board of supervisors, and if said order of the board of supervisors is modified or reversed, the judgment of the superior court and its re- mittitur shall direct the board of supervisors what order it shall enter. Such remittitur shall be filed by the clerk of the board of supervisors, and at the first regular meeting of the board thereafter, it shall cause to be entered in its minutes the order as directed by said superior court. The appeal herein provided for shall be heard and determined within thirty days from the time of filing the notice of ap- peal. Sec. 5. When, under the provisions of the preceding sections, the boundaries of the proposed district are de- fined and established, said board shall make an order dividing said district into three or five divisions, as nearly equal in size as practicable, which divisions shall be 356 DRAINAGE. numbered consecutively, and one director ^vho shall be an elector and a resident freeholder of the division, shall be elected, as hereinafter provided, by each division; pro- vided, that when requested in the petition three directors who shall be residents, electors and freeholders of the district, shall be elected at large by the qualified electors of the district. Sec. 6. Said board of supervisors shall then give notice of an election to be held in such proposed district for the purpose of determining whether or not the same shall be organized under the provisions of this act. Such notice shall designate a name tor such proposed district, and de- scribe the boundaries thereof and the boundaries of the precincts established therein, when more than one, to- gether with a designation of the polling-place and board of election for each precinct; and said notice shall be pub- lished for at least three weeks previous to such election. In a newspaper published within the county in which the petition for the organization of the proposed district was presented; and if any portion of such proposed district is within another county or counties, then such notice shall be published for the same length of time in a newspaper • published in each of said counties. Such notice shall require the electors to cast ballots, which shall contain the words "Drainage District — Yes" or "Drainage District • — No" or words equivalent thereto, and also the names of one or more persons (according to the divisions of the proposed district as prayed for in the petition and ordered by the board) to be voted for to fill the office of director. Such election shall be conducted as nearly as practicable in accordance with the general election laws of the state but no particular form of ballot shall be required. Sec. 7. No person shall be entitled to vote at any elec- tion held under the provisions of this act imless he pos- sesses all the qualifications required of electors under the general election laws of the state. Sec. 8. The said board of supervisors shall on the first Monday succeeding such election, if then in session, or at its next succeeding general or special session proceed to canvass the votes cast thereat, and if upon such canvass, it appear that at least two thirds of all the votes case are "Drainage District — Yes," the board shall by an order entered in its minutes, declare such territory duly organ- DRAINAGE. 357 ized as a drainage district, under the name theretofore designated, and shall declare the persons receiving, re- spectively the highest number of votes for directors to be duly elected to such offices. Sec. 9. Said board shall then cause a copy of such order, duly certified, to be immediately filed for record in the office of the county recorder of any county in which any portion of the lands embraced in such district are situ- ated, and must also iramediately forward a copy thereof to the clerk of the board of supervisors of each of said last mentioned counties and no board of supervisors of any county in which any portion of the lands embraced in such district are situated, shall, after the date of the organiza- tion thereof, allow another district to be formed including any portion of said lands, without the consent of the board of directors of the district in which they are situated. From and after such filing, the organization of the district shall be complete. Sec. 10. Such election on organization may be contested by any person owning property within the proposed district liable to assessment. The directors elected at such elec- tion shall be made parties defendant. Such contest shall be brought in the superior court of the county where the petition for organization is filed; provided, that if more than one contest be pending they shall be consolidated and tried together. The court having jurisdiction shall speedily try such contest, and determine, upon the hearing, whether the election was fairly conducted and in substantial com- pliance with the requirements of this act, and enter its judgment accordingly. Such contest must be brought within twenty days after the canvass of the vote and dec- laration of the result by the board of supervisors. The right of appeal is hereby given to either party to the record within thirty days from entry of judgment. The appeal must be heard and determined by the supreme court within sixty days from the time of filing the notice of appeal. Sec. 11. The directors elected at the election herein- before provided for shall immediately enter upon their duties as such upon qualifying in the manner herein pro- vided. Said directors shall hold office respectively until their successors are elected and qualified. Sec. 12. The directors of any district created after the passage of this act, on the first Tuesday after their election, 358 DRAINAGE. after they shall have qualified, shall meet and classify themselves by lot into two classes, as nearly equal in num- ber as possible, and ihe term of office of the class having the greater number shall expire at the next general Feb- ruary election in this act provided for; and the term of office of the class having the lesser number shall terminate at the next general February election thereafter. After such classification, said directors shall organize as a board, shall elect a president from their number, and appoint a secretary, who shall each hold office during the pleasure of the board. The salary of the secretary and the amount of the bond to be given by him for the faithful performance of his duties shall be fixed by the board of directors. Sec. 13. The board of directors shall hold regular meet- ings in their office on the first Tuesday in March, June, Sep- tember and December, and such special meetings as may be required for the proper transaction of business; provid- ed, that all special meetings must be ordered by a majority of the board by an order entered in the minutes specifying the business to be transacted. Three days' notice to any member not joining in the order must be given by the sec- retary, and only the business specified in the order must be transacted at such special meeting. All meetings of the board must be public, and a majority of members shall con- stitute a quorum for the transaction of business. A minute cf all proceedings of the board shall be kept by the secretary, and all records of the board shall be open to public inspection during business hours. The board of directors shall, on the first Tuesday in March of each and every year, render, and immediately thereafter cause to be published, a verified statement of the financial condition of the district, showing particularly the receipts and dis- bursements of the last preceding year, together with the source of such receipts and purpose of such disburse- ments. Said publication shall be made at least once a week for tv/o weeks, in some paper published in the county where the office of the board of directors of such district is situated. Sec. 14. The board shall have the power and it shall be their duty, to manage and conduct the business and af- fairs of the district; make and execute all necessary con- tracts; to adopt a seal for the district to be used in the attestation of proper documents; provided for the payment. DRAINAGE. 359 from the proper fund, of all the debts and just claims against the district; employ and appoint when necessary, engineers to survey, plan, locate, and estimate the cost of the works necessary for drainage and the land needed for right of way, including drains, canals, sluices, water- gates, embankments and material for construction, and to construct, maintain, and keep in repair all works necessary for the purpose of drainage. The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary drainage works and the line for any canals, sluices, water-gates and embankments, and the necessary branches for the same, on any lands which may be deemed best for such location. Said board shall also have the right to acquire, hold and possess either by donation, purchase or condemnation, any land or other property, necessary for the construction, use, maintenance, repair, and improvement of any works re- quired for the purpose of drainage as provided herein. The board may establish equitable by-laws, rules and regula- tions necessai-y or proper for carrying on the business herein contemplated, and generally may perform all such acts as shall be necessary to fully carry out the purposes of this act. Sec. 15. The board of directors, when they deem it ad- visable for the best interests of the district and the con- venience of the electors thereof, may at any time, but not less than 60 days before an election to be held in the dis- trict, change the boundaries of the divisions and election precincts of the district; provided, such changes shall be made to keep each division as nearly equal in area and pop- ulation as may be practicable. Such change of boundaries of the division must be shown on the minutes of the board. Sec. 16. In case of condemnation proceedings, the board shall proceed, in the name of the district, under the pro- visions of title seven, part three, of the Code of Civil Pro- <;edure, which said provisions are hereby made applicable for that purpose, and it is hereby declared that the use of the property which may be condemned, taken, or ap- propriated under the provisions of this act, is a public use, subject to regulation and control of the state in the manner prescribed by law. Sec. 17. In each district organized as herein provided, an election shall be held on the first Wednesday in Febru- 360 DRAINAGE. ary, nineteen hundred and five, and on the first Wednesday of February of each second year thereafter, at which a board of directors for the district, as provided in section. 5 of this act, shall be elected. The person receiving the highest number of votes for the ofiice to be filled at such, election, is elected thereto. Within ten days after receiv- ing their respective certificates of election, each of said persons shall qualify as such by taking and subscribing the official oath and filing a bond as herein provided. Each director shall execute an official bond in the sum of one thousand dollars, which shall be approved by the judge of the superior court of the county where the organization of the district was effected and shall be recorded in the office of the county recorder of such county and then, together with his official oath, filed with the secretary of the board of directors. All official bonds herein provided for shall be in the form prescribed by law for the official bonds of county officers. If a vacancy shall occur in the office of director the same shall be filled by appointment by the supervisors of the county where such district is organized. A director so appointed shall qualify within ten days after receiving notice of his appointment as in said act provided^ if he were elected to such office and he shall hold such office only until the next regular election for said district and until his successor is elected and qualified. Sec. 18. On the first Tuesday in March next following the election, the directors who shall have been elected at the general February election, shall meet and oi'ganize as a board, elect a president and appoint a secretary, who shall each hold office during the pleasure of the board. And the directors of districts now organized, who shall have been elected at the general February election of nine- teen hundred and five, shall, on the first Tuesday in March next thereafter, when they meet to organize, first classify themselves by lot into two classes as nearly equal in num- ber as possible. And the terms of office of the class having the greater number shall be two years; and the term of office of the lesser number shall be four years. The full term of office of directors is hereby fixed at four years. The office of the board of directors of any such dis- trict may be established by said board of directors at the county seat, or at some proper and convenient place within the district, but after the office is once established it shall / DRAINAGE. 361 aot be changed without giving notice thereof by posting in. ^hree public places in the district and by publishing a sim- lar notice for thirty days in some newspaper of general iirculation published in the county where such district is- )rganized. Sec. 19. Fifteen days before any election held under Ms act, subsequent to the organization of any district, the ;ecretary of the board of directors shall cause notices to be josted in three public places in each election precinct, of he time and place of holding the election, and shall also )0st a similar notice of the same in a conspicuous place in he office of the said board, specifying the polling-places of ?ach precinct, and the names of the members of the )oards of election, for each precinct. Prior to the time for )osting such notices, the board must appoint for each )recinct, from the electors thereof, one inspector and one udge and one clei'k, who shall constitute a board of elec- ion for such precinct. If the board fail to appoint a board )f election, or the members appointed, or any of them do lot attend at the opening of the polls on the morning of election, the electors of tne precinct present at that hour, nay appoint the board, or supply the place of an absent nember thereof. The board of directors must in its or- ler appointing the board of election, designate the place vithin each precinct where the election must be held. Sec. 20. The inspector is chairman of the election board, md may administer all oaths required in the progress of m election; and appoint judges and clerks, if, during the progress of the election, any judge or clerk cease to act. ?^ny member of the board of election, or any clerk thereof, nay administer and certify oaths required to be adminis- :ered during the progress of an election. The board of slectioa for each precinct must, before opening the iolls, appoint two persons to act as clerks of the election. Before opening the polls, each member of the board and jach clerk must take and subscribe an oath to faith- "ully perform the duties imposed upon them by law. Any elector of the precinct may administer and certify such :^ath. The polls must be open at 9:00 o'clock A. IvX., and be icept open until 4:00 o'clock P. M., when the same must be closed. The provisions of the general election laws con- ■'erning the form of ballots to be used shall not apply to elections held under this act. Gen. Laws— 16 362 DRAINAGE. Sec. 21. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain opened, and shall be conducted, as nearly as practicable, in accordance with the provisions of the gen- eral election laws in this state. Sec. 22. As soon as all the votes are read off and counted, a certificate shall be drawn up on each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the office to fill which he was voted for, which number shall be written in figures and in words at full length. Each certificate shall be signed by the clerk, judge and the inspector. One of said certificates with the poll list and the tally paper to v/hich it is attached, shall be retained by the inspector, and preserved by him at least six months. The ballots shall be strung upon a cord or thread by the Inspector, during the counting thereof, in the order in which they are entered upon the tally list by the clerks; and said ballots together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the inspector in the presence of the judges and clerks, and indorsed "Election returns of (naming the precinct) precinct" and be directed to the secretary of the board of directors and shall be im- mediately delivered by the inspector, or by some other safe and responsible carrier designated by said inspector, to said secretary, and the ballots shall be kept unopened for at least six months, and if any person be of the opinion that the vote of any precinct has not been correctly count- ed, he may appear on the day appointed for the board of directors to open and canvass the returns and demand a re- count of the vote of the precinct that is so claimed to have been incorrectly counted. Sec. 23. No list, tally paper, or certificate from any election, shall be set aside or rejected for want of form if it can be satisfactorily understood. The board of di- rectors must meet at its usual place of meeting on the first Monday after each election to canvass the returns. If. at the time of meeting, the returns from each precinct in the district in which the polls were opened have been re- ceived, the board of directors must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from day to day / DRAINAGE. 36S until the returns have been received, or until six post- ponements have been had. The canvass must be made in public and by opening the returns and estimating the vote of the district for each person voted for and declaring the result thereof. Sec. 24. The secretary of the board of directors, must, as soon as the result is declared, enter in the records of such board, a statement of such result, vfhich statement must show: (a) the whole number of votes cast in the dis- trict and in each precinct thereof if there be more than one precinct; (b) the names of the persons voted for; (c) the office to fill which each person was voted for; (d) the number of votes given in each precinct to each of such persons; (e) the number of votes given in each divis- ion for the office of director. The board of directors must declare elected the persons having the highest number of votes given for each office. The secretary must immediate- ly make out and deliver to such person a certificate of election, signed by him, and authenticated with the seal of the board. Sec. 25. In any district the board of directors thereof may, upon the presentation of a petition therefor, by a majority of the holders of title, or evidence of title, of said district, evidenced as above provided, order that on and after the next ensuing general election for the district, there shall be either three or five directors, as said board may order, and they shall be elected, by the district at large, or by divisions, as so petitioned and ordered; and after such order such directors shall be so elected. Sec. 26. The legal title to all property acquired under the provisions of this act shall immediately and by opera- tion of law vest in such drainage district, and shall be held by such district in trust for and is hereby dedicated and set apart to the uses and purposes set forth in this act. And said board is hereby authorized and empowered to hold, use, acquire, manage, occupy, and possess said property as herein provided. The said board is hereby authorized and empowered to take conveyances or other assurances for all property acquired by it under the provisions of this act, in the name of such drainage district, to and for the uses and purposes herein expressed, and to institute and maintain any and ,..11 actions and proceedings, suits at law or in equity, necessary or proper in order to fully carry out ;364 DRAINAGE. the provisions of tliis act, or to enforce, maintain, protect, or preserve any and all rights, privileges and immunities created by this act, or acquired in pursuance thereof. And in all courts, actions, suits, or proceedings, the said board may sue, appear, and defend in person or by at- torneys, and in the name of such drainage district. Sec. 27. For the purpose of constructing necessary con- duits, drains, sluices, water-gates, embankments and all works necessary for the purpose of drainage, and acquiring the necessary property and rights therefor, and otherwise carrying out the provisions of this act, the board of direc- tors of any such district must, as soon after such district has been organized as may be practicable, and also when- ever thereafter the construction fund has been exhausted by expenditures as herein authorized therefrom, and it is necessary to raise additional money for said purposes, es- timate and determine the amount of money necessary to be raised. And thereafter said board shall immediately call a special election, at which shall be submitted to the electors of such district the question whether or not the bonds of said district shall be issued in the amount so de- termined. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publica- tion of such notice in some newspaper published in the county where the office of the board of directors of such district is required to be kept, once a week for at least three successive weeks. Such notices must specify the time of holding the election, the amount c! bonds proposed to be issued; and said election must be held and the re- sult thereof determined and declared 11 all respects as nearly as practicable in conformity with the provisions of this act governing the election of officers; provided, that no informalities in conducting such an election shall invali- date the same, if the election shall have been otherwise fairly conducted. At such election the ballots shall contain the words "Bonds — Yes" or "Bonds — No," or words equiva- lent thereto. If a majority of the votes cast are "Bonds — Yes," the board of directors shall cause bonds in said amount to be issued; if a majority of the votes cast at any bond election are "Bonds — No," the result of such election shall be so declared and entered of record. Whenever thereafter, a petition of the character hereinbefore pro- / DRAINAGE. 365- vided for in tljis section, is presented to the board, it shall so declare of record in its minutes, and shall thereupon sub- mit such questions to said electors in the same manner and with like effect as at such previous election. Sec. 28. All bonds issued under the provisions of this- act shall be pa3^able in gold coin of the United States, in ten series as follows, to wit: On the first day of January after the expiration of eleven years, five per cent of the- whole number of said bonds; on the first day of January, after the expiration of twelve years, six per cent; on the first day of January after the expiration of thirteen years, seven per cent; on the first day of January after the ex- piration of fourteen years, eight per cent; on the first day of January after the expiration of fifteen years, nine per cent; on the first day of January after the expiration of sixteen years, ten per cent; on the first day of January after the expiration of seventeen years, eleven per cent; on the first day of January after the expiration of eighteen years, thirteen per cent; on the first day of January after the expiration cf nineteen years, fifteen per cent; and oa the first day of January after the expiration of twenty years, sixteen per cent; that the several enumerated per- centages being of the entire amount of the bond issue, but. each bond must be made payable at a given time for its en- tire amount and not for a percentage. Said bonds shall bear interest at the rate of five per cent per annum, payable semi-annually, on the first day of January and July of each year. The principal and interest shall be payable at the place designated therein. Said bonds shall be each of the denomination of not less than one hundred dollars nor more than five hundred dollars; shall be negotiable in form, signed by the president and secretary, and the seal of the board of directors shall be affixed and the bonds of each issue shall be numbered consecutively, and bear date at the time of their issue. Coupons for the interest shall be attached to each bond, signed by the secretary. Said bonds shall express on their face that they were signed by authority of this act, stating its title and date of ap- proval, and shall also so state the number of ttie issue of which such bonds are a part. The secretary shall keep a record of the bonds sold, their number, the date of sale,, the price received, and the name of the purchaser. Sec. 29. The board may sell said bonds from time to. 366 DRAINAGE. time in such quantities as may be necessary and most ad- vantageous, to raise money for the construction of said drains and works, the acquisition of said property and rights, and otherwise to fully carry out the objects and purposes of this act. Before making any sale the board shall, at a meeting, by resolution, declare its intenticli to sell a specified amount of the bonds, and the day and hour and place of such sale, and shall cause such resolution to be entered in the minutes, and notice of the sale to be given, by publication thereof at least three weeks in some newspaper published in the county where the office of the board of directors is located, and in any other newspaper, at its discretion. The notice shall state that sealed pro- posals will be received by the boai'd at their office, for the purchase of bonds, till the day and hour named in the resolution. At the time appointed the board shall open the proposals, and award the purchase of the bonds to the highest responsible bidder; provided, however, that they may reject all bids. Said board shall in no event sell any of the said bonds for less than the par value thereof. Sec. 30. Any bonds issued vmder the provisions of this act, shall be a lien upon the property of the district and the lien for the bonds of any issue shall be a preferred lien to that for any subsequent issue. Said bonds, and the interest thereon, shall be paid by revenue derived from an annual assessment upon the real property of the dis- trict; and all the real property in the district shall be and remain liable to be assessed for such payments as here- inafter provided. Sec. 31. In case the money raised by the sale of bonds issued be insufficient or in case the bonds be unavailable for the completion of the plan of drainage and works adopted, and additional bonds be not voted, it shall be the duty of the board of directors to provide for the com- pletion of said plan by levy of assessments therefor; pro- vided, however, that such levy of assessments shall not be made except first an estimate of the amount required for such purposes has been made bj* said board, and the question as to the making of said le\T submitted to a vote of the electors of the district. Before such question is stibmitted, the order of submission shall be entered in the minutes of the board, stating the amount to be levied and DRAINAGE. 367 the purpose therefor, and if submitted at a special election said order shall, in addition, fix the day of election. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such notice in some newspaper published in the county wnere the office of the board of directors of such district is re- quired to be kept, once a week for at least three successive weeks. Such notices must specify the time of holaiug the election, and the amount of assessment proposed to be levied. Said election must be held and the result thereof determined and declared in all respects as nearly as prac- ticable in conformity with the provisions of this act govern- ing the election of oiTicers; provided, that no informalities- in conducting such an election shall invalidate the same, if the election shall have been otherwise fairly conducted. At such election the ballots shall contain the words "Assessment — Yes," or "Assessment — No," or words equiv- alent thereto. If a majority of the votes cast ai'e "Assess- ment — Yes," the board of directors shall proceed in the manner prescribed in sections 40-43 herein provided for raising funds for the annual requirements; if a majority of the votes cast are "Assessment— No," the result of such election shall be so declared and entered of record. Sec. 32. Whenever a district organized under the pro- visions of this act, has outstanding bonds, coupons, or other evidences of indebtedness, the payment thereof may be provided for by the issuance of new bonds, in the man- ner hereinafter prescribed. Sec. 33. In order to propose the funding of such bonds, coupons, or other evidences of indebtedness a petition shall be presented to the board of directors of such drain- age district, signed by a majority in number of holders of title or evidences of title to real property in such dis- trict, which petition shall set forth the amount of bonds, coupons, or other evidences of indebtedness proposed to be funded, together with a general description of same, also the total amount of the bonds sought to be issued (provided, that said amount shall in no case be greater than the total amount of bonds, coupons, and other evi- dences of indebtedness then outstanding and sought to have funded), together with a full and complete statement of the purposes for which such bonds are to be used. 368 DRAINAGE. On presentation of such petition, the same shall be en- tered in full on the minutes of the board. Sec. 34. Immediately after the recording of said peti- tion, the board shall call a special election, at which shall be submitted to the electors of such district the question whether or not the bonds of such district in the amount set forth in said petition shall be issued. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such notice in some newspaper published in the county where the office of the board of directors of such district is required to be kept, once a week for at least three successive weeks before such election. Such notice must specify the time of holding the election, the amount of bonds proposed to be issued, the amount of bonds, coupons or other evidences of indebtedness proposed to be funded, together with a general description of the same. Said election shall be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions governing the election of officers; provided, that no informalities in conducting such an election shall invali- date the same, if the election shall have been otherwise fairly condvicted. At such election, the ballots shall con- tain the words "Bonds — Yes" or "Bonds — No" or words equivalent thereto. If two thirds of the votes cast are "Bonds — Yes" the board of dii'ectors shall cause bonds in said amount to be issued. If more than one third of the votes cast at such election are "Bonds — No," the result of such election shall be so declared. The result in either case shall be duly entered of record. Sec. 35. If said bonds are directed to be issued as herein provided for, the board of directors shall cause the same to be issued. Said bonds shall be made rtayable in gold coin of the United States, in twenty series, as follows, to wit: On the first day of January after the expirstion of twenty years, five per cent of the whole amount of said bonds, and on the first day of January of each year there- after, an equal amount of such bonds until all t,hall have been finally paid; that is, five per cent of the whole issue of bonds — not five per cent of each bond, each being wholly payable when due. Said bonds shall bear interest at the rate of five per cent per annum, payable semi- DRAINAGE. 369 annually on the first day of January and July of each year. They shall be negotiable in form, and shall be of denominations of not less than $100 nor more than $500. Said bonds shall in all respects conform to the form of bonds prescribed hereinbefore. Sec. 36. It shall be unlawful to sell or exchange any of the bonds as herein provided for less than their par value. Sec. 37. When bonds issued under section 35 of this act shall be duly executed, they shall be deposited with the treasurer of the county wherein the district was or- ganized, who is hereby authorized and charged with the duty of receiving the same, and his receipt shall be taken therefor, and he shall be charged with the same on his ofiicial bond, and shall have no power to deliver the same in exchange for any bonds or indebtedness proposed to be funded until the bonds or evidence of indebtedness pro- posed to be funded shall have been surrendered to him, and he shall have been ordered by the board of directors of the district, by an order duly entered on their records to make such delivery. When such bonds have been ex- changed for other bonds, coupons, or other evidences of indebtedness, the said treasurer shall at once cancel such other bonds, coupons, or other evidences of indebtedness by w^riting across the face thereof "Canceled" and the date of cancellation, and report the same with his next regular report hereinafter provided for to the board of directors of the district designating the bond, coupon, or other evidence of indebtedness, so that it can be identified, the date of cancellation, and the person from whom it was received, together with the amount paid therefor, or the terms of exchange, in case there is an exchange. Sec. 38. When said bonds are issued for the purpose of sale to the highest bidder, the board may sell said bends from time to time, in such quantities as may be necessary and most advantageous, to raise money to pay bond?!, coupons, or other evidences of indebtedness of the district which were outstanding at the time of the filing of said petition, and generally described therein. Resolu- tion of intention must be declared, and notice given, and the sale conducted in the manner prescribed in section 29 of this act for the sale of original bonds. Said bonds shall in no event be sold for less than their par value including 370 DRAINAGE. accrued interest. All moneys realized from the sale of bonds, issued under the provisions of this section, shall be paid into the hands of the said treasurer, and by him kept in a separate fund, known as the funding fund, and shall be applied exclusively to the payment of bonds, coupons, or other evidences of indebtedness of the district outstanding at the time of filing of the said petition, and described therein. Sec. 39. The bonds issued as herein provided for may be exchanged, at not less than their par value, including accrued interest, for any of the indebtedness set out and described in the notice of the election authorizing the issuance of said refunding bond. A contract for such exchange may be made by the board of directors upon such terms as said board may deem advisable; provided, that they must receive not less than par value for the bonds so exchanged. Sec. 40. The board of directors must, on or before the first meeting of the board of supervisors in September of each year, furnish the supervisors and the auditor of the county wherein the district is situated, or if such district is not entirely within one county, then as hereinafter provided, to the supervisors and auditors of each county in which any portion of the district is situated, an estimate in writing of the amount of money needed for the purposes of the district for the ensuing fiscal year. This amount must be sufficient to raise the annual interest on the out- standing bonds, to pay the estimated cost of repairs, the incidental expenses of the district, and in any j"ear in which any bonds shall fall due, an amount sufficient to pay the principal of the outstanding bonds as they mature. Sec. 41. If such district is in more than one county the total estimate as provided for in the preceding section shall be divided by the board of directors in proportion to value of the real property of the district in each county. This value must be determined from the equalized values of the last assessment rolls of such counties. When such division of the estimate has been made, the board shall furnish the supervisors and auditors of the respective coun- ties a written statement of that part of the estimate appor- tioned to that county. Sec. 42. The board of supervisors of each county wherein is situated a district or any part thereof organ- DRAINAGE. 371 ized under the provisions of this act, must, annually, at the time of levying county taxes, levy a tax to be known as the " (name of district) drainage district tax," sufficient to raise an amount reported to them as herein provided, by the board of directors. The supervisors must determine the rate of such tax by deducting fifteen per cent for anticipated delinquencies from the total assessed value of the real property of the district within the county as it appears on the assessment roll of the county, and then dividing the sum reported by the board of directors as re- quired to be raised by the remainder of such total assessed value. Sec. 43. The tax so levied shall be computed and en- tered on the assessment roll by the county auditor, and if the supervisors fail to levy the tax as provided in the preceding section, then the auditor must do so. Such tax shall be collected at the same time and in the same man- ner as state and county taxes, and when collected shall be paid into the county treasury for the use of said district. Sec. 44. The provisions of the Political Code of this state prescribing the manner of levying and collecting taxes and the duties of the several county officers with respect thereto, are, so far as they are applicable and not in conflict with the specific provisions of this act, hereby adopted and made a part hereof. Such officers shall be liable upon their several official bonds for the faithful ■discharge of the duties imposed upon them by this act. Sec. 45. If the district is in more than one county, the treasury of the county wherein the district was or- ganized shall be the repository of all the funds of the district. For this purpose the treasurers of any other counties wherein is situated a portion of said district, must, at any time, not oftener than twice each year, upon the order of the board of directors, settle with said board and pay over to the treasurer of the county where the district was organized, all moneys in their possession be- longing to the district. Said last-named treasurer is authorized and required to receive and receipt for the same, and to place the same to the credit of the district. He shall be responsible upon his official bond for the safe-keeping and disbursement, in the manner herein pro- vided, of these and all other moneys of the district held by him. 372 DRAINAGE. Sec. 46. The following funds are hereby created and established, to which the moneys properly belonging shall be apportioned by the treasurer, to wit: Bond fund, con- struction fund, general fund, funding fund. Sec. 47. The treasurer shall pay out of the same only upon warrants of the board of directors, signed by the president and attested by the secretary. The treasurer shall report in writing at each regular meeting of the board of directors and as often thereafter as requested by the board, the amount of money in the fund, the amount of receipts since his last report, and the amounts paid out; such reports shall be verified and filed with the secretary of the board. Sec. 48. Upon the presentation of the coupons due, to the treasurer, he shall pay the same from the bond fund. Whenever said fund shall amount to the sum of ten thou- sand dollars in excess of an amount sufficient to meet the interest coupons due, the board of directors may direct the treasurer to pay such an amount of said bonds not due as the money in said fund will redeem, at the lowest value at which they may be offered for liquidation, after advertising in the manner hereinbefore provided for the sale of bonds, for sealed proposals for the redemption of said bonds. Said proposals shall be opened by the board in open meeting, at a time to be named in the notice, and the lowest bid for said bonds must be accepted; provided, that no bond shall be redeemed at a rate above par. In case the bids are equal, the lowest numbered bond shall have the preference. In case none of the holders of said bonds shall desire to have the same redeemed, as herein provided for, said money shall be invested by the treasurer, under the direction of the board, in United States bonds, or the bonds of the state, which shall be kept in said "bond fund" and may be used to redeem said district bonds whenever the holders thereof may desire. Sec. 49. After adopting a plan for such conduits, drains, pumping plants, water-gates and other works, as in this act provided for, the board of directors shall give notice by publication thereof not less than twenty days in one newspaper published in each of the counties composing the district (provided, a newspaper is published therein) and in such other newspapers as they may deem advisable, calling for bids for the construction of such work, or of DRAINAGE. 373 any portion thereof; if less than the whole work is adver- tised, then the portion so advertised must be particularly- described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening said proposals, which, at the time and place appointed shall be opened in public; and as soon as convenient thereafter the board shall let said work, whether in por- tions or as a whole, to the lowest responsible bidder; or they may reject any or all bids and readvertise for proposals, or may proceed to construct the work under their own superintendence. Contracts for the purchase of material shall be awarded to the lowest responsible bidder. Any person or persons to whom a contract may be awarded shall enter into a bond, with good and suf- ficient sureties, to be approved by the board, payable to said district for its use for fifty per cent of the amount of the contract price, conditioned for the faithful per- formance of said contract. The work shall be done under the direction and to the satisfaction of the engineer, and be approved by the board. Sec. 50. No claim shall be paid by the treasurer until allowed by the board, and only upon a warrant signed by the president, and countersigned by the secretary. Sec. 51. The cost and expense of purchasing and ac- quiring property and constructing the works and improve- ments herein provided for, shall be wholly paid out of the construction fund. Sec. 52. The board of directors shall have power to construct the works necessary for drainage purposes across any stream of water, water-course, street, avenue, highway, railway, canal, ditch, or flume which the route of said conduits or drains may intersect or cross, in such manner as to afford security for life and property; but said board shall restore the same, when so crossed or inter- sected, to its former state as near as may be, or in such manner as not to have impaired unnecessarily its useful- ness; and every company whose railroad, and the board of supervisors, where any public highway shall be intersected or crossed by said works, shall unite with said board in forming said intersections and crossings, and grant the 374 DRAINAGE, privileges aforesaid; and if such railroad company, or said board of supervisors, or the ovs-ners and controllers of the said property, thing, or franchise so to be crossed, and said board cannot agree upon the amount to be paid therefor, or the points or the manner of said crossings or intersections, the same shall be ascertained and deter- mined in all respects as is herein provided in respect to the taking of property by condemnation. The right of way is hereby given, dedicated, and set apart, to locate, con- struct and maintain said works over and through any of the lands which are nov\^ or may be the property of this state. Sec. 53. Each member of the board of directors shall receive three dollars per day for each day's attendance at the meetings of the board, and actual and necessary ex- penses while engaged in official business under the order of the board. Sec. 54, No director or any other officer named in this act shall in any manner be interested, directly or indi- rectly in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; and for any violation of this provision, such officer shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Sec. 55. The board of directors may at any time, when in their judgment it may be deemed advisable call a special election and submit to the qualified electors of the district the question, whether or not a special assessment shall be levied for the purpose of raising money to be applied to any of the purposes provided in this act. Such election must be called upon the notice prescribed and the same shall be held and the result thereof determined and de- clared in all respects in conformity with the provisions of section 27 of this act. The notice must specify the amount of money proposed to be raised and the purpose for which it is intended to be used. At such elections the ballots shall contain the words "Assessment — Yes" or "Assessment — No." If two thirds or more of the votes cast are "Assess- ment — Yes," the board shall proceed in the manner here- inbefore prescribed for raising the annual funds by DRAINAGE. 375 taxation. When collected, the money shall be paid into the district treasury for the purposes specified in the notice of such special election. Sec. 56. The board of directors shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act; and any debt or liability incurred in excess of such express provisions shall be and remain absolutelj'' void; except for the purposes of organization, or for any of the purposes of this act, the board of directors may, before the collection of the first assessment, incur an in- debtedness not exceeding in the aggregate the sum of two thousand dollars, and may cause warrants of the district to issue therefor, bearing interest at seven per cent per annum. Sec. 57. The rights of way, ditches, drains, conduits, flumes, pipe lines, dams, reservoirs, pumping plants, and other pi'operty of like character belonging to any drain- age district shall not be taxed for state and county or municipal purposes. Sec. 58. The board of directors shall within thirty days after the issue of any bonds herein provided for bring an action in the superior court of the county wherein is located the office of such board, to determine the validity of any such bonds. Such action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication of summons for at least once a week for three weeks in some paper of gen- eral circulation published in the county where the action is pending, such paper to be designated by the court having jurisdiction of the proceedings. Jurisdiction shall be complete within thirty days after the full publication of such summons in the manner herein provided. Any one interested may, at any time before the expiration of said thirty days, appear and by proper proceedings contest the validity of such bonds, and may in the same action or proceeding contest the validity of any bonds, coupons, or other evidences of indebtedness referred to in the peti- tion for funding and proposed to be funded, and if any such bonds, coupons, or evidences of indebtedness be shown to be invalid, then the same shall only be funded for the amount of such proportion thereof as equals the fair and reasonable value of whatever the district may 376 DRAINAGE. have received in consideration therefor, together with unpaid interest thereon, and the amount of such propor- tion shall be determined and adjudicated by the court in said action or proceeding. Such action shall be speedily tried and judgment rendered declaring such bonds so con- tested either valid or invalid. Either party shall have the right to appeal at any time within thirty days after the entry of such judgment, which appeal must be heard and determined within three months from the time of taking such appeal. Sec. 59. If no such proceeding shall have been taken by the board of directors, then at any time after thirty days and within ninety days after the issue of any bonds under the provisions of this act, any district assessment- payer may bring an action in the superior court of the county wherein the office of the board of directors is lo- cated, to determine the validity of any such bonds. The board of directors shall be made parties defendant and service of summons shall be made on the members of the board personally, if they can be found within the state; if not, then by publication for three weeks in some newspaper of general circulation within the county wherein the office of the board of directors is located, such newspaper to be designated by the court having jurisdiction. Before such publication can be had, an affidavit, in the usual form shall be made, showing such facts. Said board shall have the right to appear and contest such action. Notice of said action shall be given by publication of summons therein in the same manner and for the same time as required in the preceding section hereof in actions brought by the publication of such summons in the manner herein pro- vided. Any district assessment-payer or an5' one interested may appear and defend said action, and thereafter the same proceedings shall be had in such action as are here- inbefore provided for in the preceding section hereof in actions brought by the board of directors, and the same matters determined and adjudicated by the court therein. Such action shall be speedily tried, with the right of ap- peal to either party, within the time and manner herein provided for the bringing of actions by the board to deter- mine such matters. Such appeal shall be heard and de- termined within three months from the time of taking such appeal. DRAINAGE. S77 Sec. 60. At the hearing of such proceedings the court shall hear and determine the sufHcieucy of all proceedings. Sec. 61. If more than one action shall be pending at the same time concerning similar contests in this act provided for, they shall be consolidated and tried together. Sec. 62. The court hearing any of the contests herein provided for, in inquiring into the regularity, legality, or correctness of such proceedings, must disregard any error, irregularity or omission which does not affect the sub- stantial rights of the parties to said action or proceeding. The rules of pleading and practice provided by the Code of Civil Procedure, which are not inconsistent with the provisions of this act, are applicable to all actions or proceedings herein provided for. The costs of any hearing or contest herein provided for may be allowed and appor- tioned between the parties or attached to the losing party, in the discretion of the court. Sec. 63. No cont^t of any matter or thing herein pro- vided for shall be made other than within the time and manner herein specified. Sec. 64. The boundaries of any drainage district now organized or hereafter organized under the provisions of this act, may be changed, and tracts of land which were included within the boundaries of such district at or after its organization under the provisions of this act, may be excluded therefrom, in the manner herein prescribed; but neither such change of the boundaries of the districts nor such exclusion of lands from the district shall impair or affect its organization, or its right in or to property, or any of its rights or privileges of whatever kind or nature; nor shall it affect, impair, or discharge any contract, obliga- tion, lien, or charge for or upon which said district was or may become liable or chargeable, had said change of its boundaries not been made, or had not such land been ex- cluded from the district. Sec. 65. The owner or owners in fee of one or more tracts of land which constitute a portion of a drainage district, may, jointly or severally, file with the board of directors of the district a petition, praying that such tract or tracts, and any other tracts contiguous thereto, may be excluded and taken from said district. The peti- tion shall state the grounds and reasons upon which it is claimed that such lands should be excluded, and shall 378 DRAINAGE. describe the boundaries thereof, and also the lands of such petitioner, or petitioners which are included within such boundaries; but the description of such lands need not be more particular or certain than is required when the lands are entered in the assessment book by the county assessor. Such petition must be acknowledged in the same manner and form as is required in the case of a conveyance of land, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of such a conveyance. Sec. 66. The secretary of the board of directors shall cause a notice of the filing of such petition to be published for at least two weeks in some newspaper published in the county where the office of the board of directors is situ- ated, and if any portion of such territory to be excluded lie within another county or counties, then said' notice shall be so published in a newspaper published within each of said counties; or, if no newspaper be published therein, then by posting such notice for the same time in at least three public places in said district, and in case of the posting of said notices, one of said notices mi:st be so posted on the lands proposed to be excluded. The notice shall state the filing of such petition, the names of the petitioners, a description of the lands mentioned in said petition, and the prayer of said petition; and it shall notify all persons interested in, or who may be affected by such change of the boundaries of the district, to appear at the office of said board at a time named in said notice, and show cause, in writing, if any they have, why the change of the boundaries of said district, as proposed in said petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. Sec. 67. The board of directors, at the time and place mentioned in the notice, or at the time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition, and all evidence of proofs that may or shall be introduced by or on behalf of the petitioner or petitioners, and all objections to such petition that may or shall be presented in writing by any person showing cause as aforesaid, and all evidence and proofs that may be introduced in support of such objections. Such evidence DRAINAGE. 379 shall be taken down, in shorthand, and a record made thereof and filed with the board. The failure of any per- son interested in said district, other than the holders ol bonds thereof outstanding at the time of the filing of said petition with said board, to show cause, in writing, why the tract or tracts of land mentioned in said petition should not be excluded from said district, shall be deemed and taken as an assent by him to the exclusion of such tract or tracts of land, or any part thereof, from said district; and the filing of such petition with said board, as aforesaid, shall be deemed and taken as an assent by each and all of such petitioners to the exclusion from such district of the lands mentioned in the petition, or any part thereof. The expenses of giving said notice and of the aforesaid proceedings shall be paid by the person or per- sons filing such petition. Sec. 68. If, upon the hearing of any such petition, no evidence or proofs in support thereof be introduced, or if the evidence fail to sustain said petition, or if the board deem it not for the best interests of the district that the lands, or some portion thereof, mentioned in the petition, should be excluded from the district, the board shall order that said petition be denied as to such lands; but if the said board deem it for the best interests of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district, and if no person interested in the district show cause in writing, why the said lands, or some portion thereof, should not be excluded from the district, or if, having shown cause, withdraws the same, or upon the hearing fails to establish such ob- jections as he may have made, then it shall be the duty of the board to, and it shall forthwith, make an order that the lands mentioned and described in the petition, or some defined portion thereof, be excluded from said district. Sec. 69. If there be outstanding bonds of the district at the time of the filing of said petition, the holders of such outstanding bonds may give their assent, in writing, to the effect that they severally consent that the lands mentioned in the petition, or such portion thereof as may be excluded from said district by order of said board, may be excluded from the district; and if said lands, or any portion thereof, be thereafter excluded from the district, the lands so ex- cluded shall be released from the lien of such outstand- 380 DRAINAGE. ing bonds. Ttie assent must be acknowledged by the several holders of such bonds In the same manner and form as is required in case of a conveyance of land, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of such conveyance. The assent shall be filed with the board, and must be re- corded in the minutes of the board: and said minutes, or a copy thereof, certified by the secretary of said board, shall be admissible in evidence, with the same efrect as the said assent, and such certified copy thereof may be recorded in the oflBce of the county recorder of the county wherein said lands are situated. Sec. 70. In the event the said board of directors shall exclude any lands from said district upon petition there- for, it shall be the duty of the board of directors to make an entry in the minutes of the board, describing the boundaries of the district, should the exclusion of said lands from said district change the boundaries of said district, and for that purpose the board may cause a sur- vey to be made of such portions of the district as the board may deem necessary; and a certified copy of the entry in the minutes of the board excluding any land, certified by the president and secretary of the board, shall be filed for record in the recorder's office of each county within which are situated any of the land of the district; but said district, notwithstanding such exclusion, shall be and remain a drainage district as fully to every in- tent and purpose as it would be had no change been made in the boundaries of the district, or bad the lands ex- cluded therefrom never constituted a portion of the dis- trict. Sec. 71. If the lands excluded from any district under this act shall embrace the greater portion of any division or divisions of such district, then the office of director for such division or divisions shall become and be vacant at the expiration of ten days from the final order of the board excluding said lands; and such vacancy or vacan- cies shall be filled by appointment by the board of super- visors of the county where the office of such board is sit- uated, from the district at large. A director appointed as above provided, shall hold his office until the next reg- ular election for said district, and until his successor is elected and qualified. DRAINAGE. 381 Sec. 72. At least thirty days before the next general election of such district, the board of directors thereof shall make an order dividing said district into three or five divisions, as the case may require, as nearly equal in size as may be practicable, which shall be numbered first, second, third and so on, and one director shall be elected by each division. For the purposes of elections in such district, the said board of directors must establish a convenient number of election precincts, and define the boundaries thereof, which said precincts may be changed from time to time, as the board of directors may deem necessary. Sec. 73. A guardian, an executor, or an administrator of an estate, who is appointed as such under the laws of this state, and who as such guardian, executor, or admin- istrator, is entitled to the possession of the lands belong- ing to the estate which he represents, may on behalf of his ward, or the estate which he represents, upon being thereto properly authorized by the proper court, sic'n and acknowledge the petition in section 65 of this act men- tioned, and may show cause, as herein provided, why the boundaries of the district should not be changed. Sec. 74. Nothing herein provided shall in any manner, operate to release any of the lands so excluded from the district from any obligation to pay, or any lien thereon, of any valid outstanding bonds or other indebtedness of said district at the time of the filing of said petition for the exclusion of said lands, but upon the contrary, said lands shall be held subject to said lien, and answerable and chargeable for and with the payment and discharge of all of said outstanding obligations at the time of the filing of the petition for the exclusion of said land, as fully as though said petition for such exclusion were never filed and said order of exclusion never made; and for the purpose of discharging such outstanding indebtedness, said lands so excluded shall be deemed and considered as part of said drainage district the same as though said petition for its exclusion had never been filed or said order of exclusion never made; and all provisions which may have been resorted to to compel the payment by said lands of its quota or portion of said outstanding obliga- tions, had said exclusion never been accomplished, may, notwithstanding said exclusion, be resorted to to compel 382 DRAIXAGE. and enforce the payment on the part of said lands of its quota and portion of said outstanding obligations of said drainage district for which it is liable, as herein provided. But said land so excluded shall not be held ansv/erable or chargeable for any obligation of any nature or kind what- ever, incurred after the filing with the board of directors of said district of the petition for the exclusion of said lands from the said district; provided, that the provisions of this section shall not apply to any outstanding bonds, the holders of which have assented to the exclusion of such lands from said district, as hereinbefore provided. Sec. 75. The boundaries of any drainage district now organized or hereafter organized under the provisions of this act may be changed in the manner herein pre- scribed, but such change of the boundaries of the district shall not impair or aifect its organization, or its rights in or to property, or any of its rights or privileges of what- soever kind or nature; nor shall it affect, impair, or dis- charge any contract, obligation, lien or charge for or upon which it was or might become liable or chargeable, had such change of its boundaries not been made. Sec. 76. The holder or holders of title, or evidence of title, representing one half or more of any body of lands adjacent to the boundary of a drainage district, which are contiguous and which taken together, constitute one tract of land, may file with the board of directors of said dis- trict a petition, in writing, praying that the boundaries of said district may be so changed as to include therein said lands. The petition shall describe the boundaries of said parcel or tract of land, and shall also describe the boundaries of the several parcels owned by the petitioners, if the petitioners be the owners, respectivelj^, of distinct parcels, but such descriptions need not be more particular than they are required to be when such lands are entered by the county assessor in the assessment book. Such petition must contain the assent of the petitioners to the inclusion within said district of the parcels or tracts of land described in the petition, and of which said pe- tition alleges they are, respectively, the owners; and it must be acknowledged in the same manner that con- veyances of land are required to be acknowledged. Sec. 77. The secretary of the board of directors shall cause a notice of the filing of such petition to be given and DRAINAGE. 383 published in the same manner and for the same time that notices of special elections for the issue of bonds are required by this act to be published. The notice shall state the filing of such petition and the names of the pe- titioners, a description of the lands mentioned in said petition, and the prayer of said petition; and it shall notify all persons interested in, or that may be affected by such change of the boundaries of the district, to ap- pear, at the office of said board, at a time named in said notice, and show cause in writing, if any they Lave, why the change in the boundaries of said district, as pro- posed in said petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioners shall advance to the secre- tary sufBcient money to pay the estimated costs of all proceedings arising from such petition. Sec. 78. The board of directors, at the time and place mentioned in the said notice, or at such other time or times to which the hearing of said petition may be ad- journed, shall proceed to hear the petition and all the objections thereto, presented in writing by any person showing cause as aforesaid why said proposed change of the boundaries of the district should not be made. The failure by any person interested in said district, or in the matter of the proposed change of its boundaries, to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to a change of the boundaries of the district as prayed for in said petition, or to such a change thereof as will include a part of said lands. And the filing of such petition with said board, as aforesaid, shall be deemed and taken as an assent on the part of each and all of such petitioners to such a change of said boundaries that they may include the whole or any por- tion of the lands desci'ibed in said petition. Sec. 79. The board of directors to whom such petition is presented, may require, as a condition precedent to the granting of the same, that the petitioners shall sev- erally pay to such district such respective sums, as nearly as the same can be estimated (the several amounts to be determined by the board), as said petitioners or their grantors would have been required to pay to such district 3S4 DRAINAGE. as assessments, had such lands been included in such district at the time the same was originally formed. Sec. 80. The board of directors, if they deem it not for the best interests of the district that a change of its boundaries be so made as to include therein the lands mentioned in the petition, shall order that the petition be rejected. But if they deem it for the best interests of the district that the boundaries of said district be changed and if no person interested in said district or the proposed change of its boundaries shows cause, in writing, why the proposed change should not be made, or if, having shown cause, Vv^thdraws the same, the board may order that the boundaries of the district be so changed as to include therein the lands mentioned in said petition or some part thereof. The order shall describe the boundaries as changed, and shall also describe the entire boundaries of the district as they will be after the change thereof as aforesaid is made; and for that purpose the boari may cause a survey to be made of such portions of such bound- ary as is deemed necessary. Sec. 81. If any person interested in said district of the proposed change of its boundaries, shall show cause as aforesaid why such boundaries should not be changed, and shall not withdraw the same, and if the board of directors deem it for the best interests of the district that the boundaries thereof be so changed as to include therein the lands mentioned in the petition, or some part thereof, the board shall adopt a resolution to that effect. The resolution shall describe the exterior boundaries of the lands which the board are of the opinion should be included within the boundaries of the district when changed. Sec. 82. Upon the adoption of the resolution mentioned in the last preceding section, the board shall order that an election be held within said district, to determine whether the boundaries of the district shall be changed as men- tioned in said resolution; and shall fix the time at which such election shall be held, and cause notice thereof to be given and published. Such notice shall be given and pub- lished, and such election shall be held and conducted, the returns thereof shall be made and canvassed, and the re- sult of the election ascertained and declared, and all things pertaining thereto conducted in the manner pre- DRAINAGE. 385 scribed by this act in case of a special election to deter- mine whether bonds of a drainage district shall be issued. The ballots cast at said election shall contain the words "For change of boundary" or "Against change of bound- ary" or words equivalent thereto. The notice of election shall describe the proposed change of the boundaries in such manner and terms that it can readily be traced. Sec. 83. If at such election a majority of all the votes cast at said election shall be against such change of the boundaries of the district, the board shall order that said petition be denied, and shall proceed no further in that matter. But if a majority of such votes be in favor of such change of the boundaries of the district, the board shall thereupon order that the boundaries be changed in ac- cordance with said resolution adopted by the board. The said order shall describe the entire boundaries of said district, and for that purpose the board may cause a sur- vey of such portions thereof to be made as the board may deem necessary. Sec. 84. Upon a change of the boundaries of a district being made, a copy of the order of the board of directors ordering such change, certified by the president and sec- retary of the board, shall be filed for record in the re- corder's ofiice of each county within which are situated any of the lands of the district, and thereupon the dis- trict shall be and remain a drainage district, as fully, and to every intent and purpose, as if the lands which are included in the district by the change of the boundaries, as aforesaid, had been included therein at the original organization of the district. Sec. 85. "Upon the filing of the copies of the order, as in the last preceding section mentioned, the secretary shall record in the minutes of the board the petition aforesaid; and the said minutes, or a certified copy thereof, shall be I admissible in evidence with the same effect as the peti- tion. Sec. 86. A guardian, an executor or an administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor or ad- ministrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on be- half of his ward, or the estate which he represents, upon being thereunto authorized by the proper court, sign and Gen. Laws— 17 386 DRAINAGE. acknowledge the petition in section 76 of this act men- tioned and may show cause why the boundaries of the dis- trict should not be changed. Sec. 87. In case of the inclusion of any land within any district by proceedings under this act, the beard of directors, must, at least thirty days prior to the next succeeding general election, make an order redividing such district, into three or five divisions, as the case may requii-e, as nearly equal in size as may be practicable, which shall be numbered first, second, third and so on, and one elector shall thereafter be elected by each divis- ion. For the purpose of elections, the board of directors must establish a convenient number of election precincts in said districts, and define the boundaries thereof, which said precincts may be changed from time to time as the board may deem necessary. Sec. 88. Whenever the board of directors of a drain- age district heretofore organized, or hereafter organized under the provisions of this act, shall determine that the authorized bonded indebtedness of such drainage district is greater than such disti'ict is liable to need to com- plete its system as planned, and there be no outstanding bonds, the board of directors may call a special election for the purpose of voting upon a proposition to reduce such bonded indebtedness to such sum as the board may determine to be suflBcient for such purpose. Sec. 89. Notice of the said election shall be given in the same manner as provided in section twenty-seven of this act, in relation to calling special elections for issu- ance of bonds. The notice of election must state the amount of the authorized bonded indebtedness of such dis- trict, and the amount to which it is proposed to reduce the same; also, the date on which said election will be held and the polling-places, as established by said board of directors. The ballots cast at said election shall contain the words "For reducing bonds — Yes," or "For reducing bonds — No." When the vote is canvassed by the board of directors anrT entered of record, if a majority of the votes cast shall be "For reducing bonds — Yes" then in that event the board of directors shall only be empowered to issue or sell the amount of bgnds as was stipulated in the said notice of such special election; but if a majority of said votes are not "For reducing bonds — Yes," then the au- DRAINAGK. 387 thority to issue bonds shall remain the same as before said special election was held. Sec. 90. In case there be outstanding bonds of any district desiring to take advantage of the provisions of sections 88 and 89 of this act concerning reduction of bonded indebtedness, the assent of such bondholders may be obtained to such reduction of the bonded indebted- ness, in the same manner as provided in section sixty-nine of this act. If such assent is obtained in the manner therein provided, then, and in that event, such district shall be empowered to take advantage of all the pro- visions of said sections of this act, but not otherwise. No reduction of the bonded indebtedness, as in this act pro- vided shall in any manner affect any order of court that may have been made, adjudicating and coniirming the validity of said bonds. Sec. 91. Whenever there remains in the hands of the board of directors of any drainage district organized un- der the provisions of this act, after the completion of its drainage system, and the payment of all demands against such district, any bonds voted to be issued by said dis- trict, but not sold, and not necessary to be sold for the raising of funds, for the use of such district, said board of directors may call a special election for the purpose of voting upon a proposition to destroy said unsold bonds, or so many of them as may be deemed best, or may sub- mit such proposition at a general election. Sec. 92. Such election shall be held in the same man- ner as other elections held imder the provisions of this act. A notice of such election shall be given in the same manner as provided in section twenty-seven of tnis act in relation to calling special elections for the issuance of bonds. The notice of election must state the amount of the bonded indebtedness of such district authorized by the vote of the district, the amount of the bonds remain- ing unsold, and the amount proposed to be destroyed, and the date on which such election is proposed to be held, and the polling-places as fixed by the board of directors. The ballots to be cast at such election shall contain the words "For destroying bonds — Yes" and 'Tor destroying bonds — No," and the voter must erase the word "No" in case he favors the destruction of bonds, otherwise the word "Yes." 588 DRAINAGE— EL DORADO COUNTY. Sec. 93. When the vote is canvassed by the board of directors and entered of record, if a two-thirds majority of the votes cast should be found to be in favor of thp destruction of said bonds, then the president of the board, in the presence of a majority of the members of the boari, must destroy the bonds so voted to be destroyed, and the total amount of bonds so destroyed and canceled shall be deducted from the sum authorized to be issued by the electors of said district, and no part thereof shall there- after be reprinted or reissued. Sec. 94. Nothing in this act shall be so construed as to affect the validity of any district heretofore organized under the laws of this state, or its rights in or to prop- erty, or any of its rights or privileges of whatsoever kind or nature; but said districts are hereby made subject to the provisions of this act so far as applicable; nor shall it affect, impair, or discharge any contract obligation, lien, or charge, for or upon which it was or might become liable or chargeable had not this act been passed. Sec. 95. Nothing in this act shall be construed as re- pealing or in anywise modifying the provisions of any other act relating to the subject of drainage except such as may be contained in the act entitled "An act to pro- vide for the organization and government of drainage districts, for the drainage of agricultural lands other than swamp and overflowed lands," approved March thirty-first, eighteen hundred and ninety-seven, and any subsequent acts supplementary thereto, or amendatory thereof, all of which acts, so far as they may be inconsistent herewith, are hereby repealed. Sec. 96. This act shall take effect from and after its passage and approval. TITLE 141. ACT 992. ^^ DORADO COUNTY. Protection of agriculture in, and prevention of animals from trespassing. [Stats. 1875-6, p. 356.] Repealed 1877-8, 557. ACT 993. Authorizing assessor to appoint one or more deputies. [Stats. 1877-8, p. 110.] Repealed by County Government Act, 1897, 549, sec. 190. EL DORADO COIjNTY. 389 ACT 094. Board of auditors of, creating and prescribing powers of. [Stats. 1873-4, p. 825.] Amended 1S75-6, 681 ; 1877-8, 281. Superseded by County Government Act, 1897, 452. ACT 995. For the funding of the bonded indebtedness of. [Stats. 1877-8, p. 1046.] ACT 996. Lawful fences in. [Stats. 1869-70, p. 584.] ACT 997. Mud Springs township, trespassing of animals upon private property in. [Stats. 1873-4, p. 859.] "Modified and probably repealed by estray law, 1S97, 198; 1901, 603." — Code Commissioners' note. ACT 998. Improvement of roads in. [Stats. 1877-8, p. 545.] Repealed 1883, 5, chap. X, sec. 2. ACT 999. Roads and highways in. [Stats. 1871-2, p. 372.] Amended 1873-4, 771. Repealed 1883, p. 5, chap. X, sec. 2. ACT 1000. Fixing the salaries of certain officers in. [Stats. 1877- 8, p. 778.] Repealed by County Government Act, 1897, 549, sec. 190. ACT 1001. Regulating fees and salaries in. [Stats. 1869-70, p. 198.] Amended 1869-70, 747; 1871-2, 412, 592, 804; 1873-4, 710. "Repealed as to the fees and salaries therein named by the various County Government Acts and the fee bill of 1895, 267." — Code Commissioners' note. ACT 1002. Supervisors, organizing board of, and defining duties of. [Stats. 1873-4, p. 872.] Repealed by County Government Act, 1897, 452. ACT 1003. Authorizing supervisors to levy a special tax. [Stats. 1871-2, p. 793.] Superseded by subd. 18, sec. 25, County Government Act, 1897, 463. 390 ELECTIONS. ACT 1004. Levy of taxes for county purposes and for redemption of bonded indebtedness of. [Stats. 1877-8, p. 75.] ACT 1005. ' Disposition of proceeds of poll taxes in. [Stats. 1S73-4, p. 941.] Repealed by Political Code, sec. 3S61. ACT 1006. Treasurer of to transfer certain funds. [Stats. 1875-6, p. 311.] Amended 1S77-8, 638. Superseded by subd. 18, sec. 25, County Government Act, 1897, 463. ACT 1007. Providing for election of treasurer and collector and fix- ing their compensation. [Stats. 1871-2, p. 377.] Superseded by County Government Act, 1897, 452, sees. 55, 190. TITLE 142. ACT 1012. ELECTIONS. Providing for general primary elections, to promote the purity thereof by regulating the conduct thereof and to support the privilege of free suffrage thereat by prohibiting certain acts and practices in relation thereto and providing for the punishment thereof and for other purposes. [Stats. 1897, p. 115.] Cal.Rep.Cit. 118, 302; 129, 340. Unconstitutional. (Spier v. Baker, 120 Cal. 370.) Primary elections : See Political Code, sees. 1357-1380. ACT 1013. Providing for a general primary election in counties of certain classes. [Stats. 1895, p. 207.] "Unconstitutional. (Marsh v. Hanly, 111 Cal. 368.) Superseded by Political Code, sees. 1357-1375. added 1901, 606."— Code Com- missioners' note. ACT 1014. In relation to elections held under the authority of sec- tion 8, art. XI, of the Constitution, to elect boards of freeholders, or to vote upon proposed charters, or upon amendments to existing charters. [Stats. 1897, p. 288.] Repealed 1899, 63. Cal.Rep.Cit. 126, 392. ELECTIONS. 391 ACT 1015. To promote the purity of elections by regulating the con- duct thereof, and to support the privilege of free suffrage by prohibiting certain acts and privileges in relation thereto, and providing for the punishment thereof. [Stats. 1893, p. 12.] Amended 1895, 227. This act appears in full in Political Code, Appendix, p. 1044. "Unconstitutional in so far as it requires an oath of a success- ful candidate for oflBce, in addition to that prescribed by the consti- tution. (Bradley v. Clark, 133 Cal. 196.)" — Code Commissioners' note. ACT 1016. Intoxicating liquors, preventing sale of on election days. [Stats. 1873-4, p. 297.] ACT 1017. Election tickets, to prevent circulation of bogus, and to prevent frauds upon voters. [Stats. 1877-8, p. 180.] Amended 1SS9, 209. Repealed by Political Code, sees. 1196, 1197. ACT 1018. Piece clubs, prohibition of. [Stats. 1877-8, p. 236.] "Modified, if not repealed, by the purity of elections act, 1S93, 12." — Code Commissioners' note. In full in Appendix to Penal Code, p. 5S9. ACT 1019. Concerning special elections. [Stats. 1877-8, p. 73.] Cal.Rep.Cit. 130, 94. "Not repealed, but not applicable to existing laws, because there is now no great register. As to cities, see 1899, 63."— Code Com- missioners' note. In full in Appendix to Political Code, p. 1067. ACT 1020. Creating a state commission in voting or balloting ma- chines, defining their powers, and providing for the use at the option of indicated local authorities of voting or ballot machines for receiving and register- ing the vote in one or more precincts of any county, or city and county, city or town, at any or all elections held therein, and for ascertaining the result at such elections; and providing for the punishment of all violations of the provisions of this act. [Stats. 1903, p. 262.] This act appears in full in Political Code, Appendix, p. 1068. 392 ELISORS— EMPLOYMENT AGENTS. TITLE 143. ACT 1026. ETLISORS. Fees of, [Stats. 1873-4, 794.] Superseded by County Government Acts, 1897, 481, sec. 105. TITLE 144. ACT 1031. EMIGRATION. An act to promote emigration from the state of California. [Approved March 26, 1880; 1880, 15 (Ban. ed. 50).] To promote emigration from the state. Section 1. It shall be unlawful for the owners, officers, agents, or employees of any steamship company, sailing vessel, or railroad company, or firm or corporation, that may be engaged in this state in the transportation of pas- sengers to and from any foreign port, to withhold or refuse any person or persons the right to purchase a passage ticket or tickets to any foreign country for the reason that he or they have not presented a certificate, card, or other document whatsoever showing that such person has paid in full, or in part, any or all dues, debts, or demands, or otherwise, or any sum whatsoever, to any society, com- pany, corporation, association, or individual, or firm; and any person or corporation who shall violate the pro- visions of this section, or in pursuance of any agree- ment, oral or written, refuse to sell a passage ticket to any person to any foreign country, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than one hundred nor more than five hundred dollars; provided, that nothing in this section shall be construed in any manner to apply to any pass- port or other document required by law to be presented, having the signature or seal of any foreign consul resident within this state. Sec. 2. This act shall take effect on and after its pas- sage. TITLE 145. ACT 1036. EMPLOYMENT AGENTS. Defining the duties and liabilities of employment agents, making the violation thereof a misdemeanor and fix- ESCAPE— ESTATES OP DECEASED PERSONS. 393 Ing penalties therefor. [Approved February 13, 1903, Stats. 1903, 14.] This act appears in full in the Appendix to the Penal Code, p. 592. TITLE 146. ACT 1041. ESCAPE. Concerning the escape of convicts of the state's prison. [Stats. 1855, 203.] This act related to the arrest, trial, recommitment, and punish- ment of convicts who had escaped. Superseded by Penal Code, sees. 105-111. TITLE 147. ACT 1046. ESCHEAT. Concerning escheated estates. [Stats. 1852, 103.] Amended 1S55. 221; 1862, 27; 1S69-70, 72. Superseded by Code of Civil Procedure, sees. 1269-1272. ACT 1047. To provide for the sale of escheated estates. [Stats. 1867- 8, 215.] Superseded by Code of Civil Procedure, sees. 1269-1272. TITLE 148. ESTATES OF DECEASED PERSONS. ACT 105a. Estates of deceased persons, collection of savings bank deposits by next of kin. [Stats. 1873-4, p. 132.] Amended in every section, 1895, 32. This act appears in full in Code of Civil Procedure, Appendix, p. 767. ACT 1053. Estates of deceased persons, regulating settlement of, sup- plementing act of May 1, 1851. [Stats. 1871-2, p. 696.] Repealed by Code of Civil Procedure, sec. 1632. Cal.Rep.Cit. 52. 188 ; 53, 350 ; 66, 57 ; 71, 73. This act appears in full in Code of Civil Procedure, Appendix, p. 768. It provided for the allowance of claims paid without legal formalities. 394 ESTRAYS. ACT 1054. To provide for the summary sale of mines or mining in- terests belonging to estates of deceased persons. [Stats. 1865-6, 359.] Superseded by Code of Civil Procedure, sees. 1529-1533. ACT 1055. Authorizing certain corporations to act as executor, ad- ministrator, guardian, assignee, receiver, depositary or trustee, and in other capacities and to provide for and regulate the administration of trusts by such cor- porations. [Stats. 1891, 490.] Amended 1897, 424; 1903, 244. This act appears in full in the Appendix to the Civil Code, p. 702. It authorized deposits to be made with such corporations and the reduction of the bond of an executor, guardian, etc., deposit- ing with such corporation. TITLE 149. ACT 1060. ESTRAYS. An act relating to estrays, providing for taking them up and giving a lien on them for all damages, costs, and expenses incurred by reason of taking them up, and repealing all other acts and parts of acts now iu force relating to estrays. [Approved March 23, 1901. Stats. 1901, 603.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Any person finding at any time any estray domestic animal or animals upon his premises, or upon premises to which he has the right of possession, or upon highways adjacent thereto, may take up the same and have a lien thereon for all expenses incurred and costs in keeping and caring for said animal or animals, as hereinafter provided; and no person shall remove them from the possession of the taker-up, or from the posses- sion of the oflBcer to whom they may have been delivered, except as hereinafter provided. Sec. 2. Any person taking up an estray animal or ani- mals shall confine the same in a secure place, and within five days file with the county recorder of the county iu which such estray is found, a notice containing a descrip- ESTRAYS. 395 •tion of the animal or animals taken up, with the marks and brands, if they have any, together with the probable value of each animal, and a statement of the place where the taker-up found, and where he has confined the same. The county recorder shall receive for filing said notice the sum of fifty cents. Sec. 3. At any time within thirty days from the date of the filing of the notice specified in section two of this act, any person claiming such estray animal or animals shall appear and demand from the taker-up the possession thereof, and shall, at the same time, pay to the taker-up all damages, expenses and costs incurred by reason of taking up such animal or animals, and upon receiving such damages, expenses and costs, the taker-up shall immedi- ately deliver to the party claiming such animal or ani- mals the possession thereof. Such damages, expenses and costs shall be estimated as follows, to wit: 1. The total amount paid by the taker-up to the county recorder; 2. The sum of fifteen cents per day for the keeping and care of each horse, mule, jenny, ass, cow, bull, ox, steer, or calf; 3. The sum of five cents per day for the keeping and care of each sheep, goat, hog, or other animal not herein- before specified; provided, that the taker-up of said ani- mal or animals must properly feed and water the same while under his care; and if he fail so to do shall for- feit all right of lien thereon. Sec. 4. If the party claiming such estray animal or animals is dissatisfied with the amount charged by the \aker-up for costs and expenses, he shall tender to the iaker-up the proper amount therefor, and if the said tender be refused, the party claiming such estray ani- mal or animals shall within ten days thereafter com- mence, in the proper court, suit against the taker up for the recovery of the possession of such estray animal or animals, in which said action the taker-up may set forth his expenses and costs, and said matter, together with accruing expenses and costs to the time of the entry of the judgment, shall be determined by the court in ac- cordance with the provisions of this act, and the amount of all such expenses and costs, and the costs of said ac- 396 ESTRAYS. tion shall be included in any judgment awarded by said court, and such costs in said action shall be in favor of the plaintiff in said action and against said defendant, if the court shall find that the amount tendered by the plaintiff to the defendant v>-as not less than the proper amount; otherwise said costs shall be in favor of ihe de- fendant and against the plaintiff. Without the consent of defendant in any such action, no return of such animal or animals shall be adjudged until the plaintiff shall pay to defendant or deposit in court payable to him, the amount of all such expenses and costs in said action; and in case such payment or deposit be not made within ten days after the same shall have been determined by the court, or said action be not prosecuted with diligence, then the said action may be dismissed on motion of de- fendant without notice; in case of such dismissal, the defendant shall have judgment for his costs. In any such action for plaintiff to recover, it shall be incumbent on him to establish an existing right in himself to the possession of such animal or animals. Sec. 5. If no person appears and claims the animal or animals taken up within thirty days after the filing of the notice hereinbefore mentioned in section three of this act; or if a person does appear and claim the animal or animals taken up within thirty days after the filing of the notice above referred to, but shall fail to pay to the taker-up the expenses and costs as provided in section three of this act, and shall fail to commence and prose- cute with diligence an action for the recovery of the possession of such estray animal or animals within the time required by section four of this act; or if said ac- tion shall be dismissed; then the taker-up shall, in writing, notify a constable, or other officer of the town- ship or county in which said animal or animals are held, which notice shall specify that he has complied with all the provisions of this act, and that a claimant of said animal or animals has failed to appear and claim the same as herein provided, or if he has appeared that he has failed to pay the expenses and costs and has failed to commence or prosecute with diligence an action for the recovery of the possession of such animal or animals with- in the time and in the manner provided for in this act. or that said action has been dismissed, and that such ani- ESTRAYS. 39T mal or animals are held by him subject to sale. Said con- stable, or officer, shall immediately proceed to sell such animal or animals at public sale, in conformity with the law concerning sales on execution, and shall be entitled to the same fees as are provided by law for sales under execution. Sec. 6. Out of the money realized from the sale of estrays, the constable or other officer shall first retain his fees; he shall then pay to the taker-up his expenses and costs estimated as provided in section three of this act, or so much thereof as the funds in his hands will permit, and the surplus, if any, he shall pay to the county treasurer, to be held by him for the owner of the estray or estrays for which it was received in payment. If any person or persons shall, within one year thereafter, prove to the satisfaction of the board of supervisors of the county in which the estray or estrays were sold, that he or they are entitled to the sum so held by the county treasurer, or any part thereof, the said board of super- visors shall order such sum to be paid over to the per- son or persons; and if not so proven within one year, then the same shall become a part of the common school fund of said county. Sec. 7. All sales made by any constable, or other offi- cer, under the provisions of this act, shall convey a good and valid title to the purchaser, and the owner of the estray or estrays so sold shall thereafter be barred from all right to recover the same. Sec. 8. The taker-up of an estray animal or animals shall use reasonable care to preserve the same from in- jury, but if an estray animal or animals die or escape from the possession of the taker-up at any time while he is holding the same under the provisions of this act, the |taker-up shall not be held liable in any manner on account !of such animal or animals. I Sec. 9. Nothing in this act shall affect the laws or regu- ations in force or which may be in force regarding strays, the poundkeeper, or other pound officer within .he limits of any city or town where laws regarding strays are in force. Sec. 10. All other acts and parts of acts relating to strays now in force, are hereby repealed. I 398 ESTRAYS. Sec. 11. This act shall take effect from and after its passage. This act and the act of 1897, 198, repealed all prior acts relating to estrays. Many of these acts are here enumerated. For acts relating to any particular county, see the particular county. ACT 1061. To prevent the trespassing of animals upon private prop- erly. [Stats. 1855, 70.] Acts relating to trespassing animals were continued in force by Political Code, sec. 19. This act was however repealed by the general repealing clauses in the acts of 1S97, 198, and 1901, 603. ACT 1062. Concerning estraj'' animals. [Stats. 1856, 186.] See note to act 1061. ACT 1063. To prevent stallions from running at large in Sacramento County. [Stats. 1859, p. 149.] "Extended and amended 1860, 107 ; 1865-6, 327 ; 1867-8, 70 ; 1869-70, 68 ; 1873-4, 228. As to penal clauses, repealed by sec. 6, Penal Code ; and as to other provisions, probably repealed by astray law of 1897, p. 198, and 1901, p. 603."— Code Commissioners' note. This act was extended by later acts to the following counties : Sutter, Alameda, Yuba, El Dorado, Placer, Santa Cruz, Calaveras, Amador, Santa Clara, Mariposa, Merced, Yolo, Stanislaus, Butte, Mendocino, Shasta, Colusa, Tehama, Sonoma, Siskiyou, Plumas, Sierra, Monterey, San Mateo, Sonoma, Nevada, Alpine, and Mono. ACT 1064. Trespassing animals in the counties of Los Angeles, San Diego, and Monterey. [Stats. 1871-2, p. 99.] Amended 1871-2, 241. Repealed as to Monterey County, 1871-2, 566. Extended to Inyo County, 1871-2, 668, chap. CDU Repealed 1897, 198, and 1901, 603, relating to estrays. ACT 1065. Preventing hogs running at large in Susanville, Lassen County, Sutter Creek township number two, Amador County, and Oroville, Butte County. [Stats. 1871-2, p. 510.] See statute of 1897, 198, sec. 9. ACT 1066. To protect agriculture and prevent trespassing of ani- mals on private property. [Stats. 1871-2, p. 563.] Probably superseded by 1897, 198; 1901, 603, chap. CXCVII, relating to estrays. ESTRAYS. S9» ACT 1067. Protecting agriculture and preventing trespassing of animals. [Stats. 1873-4, p. 50.] Supplemented 1873-4, 179, 474, 705, 824. Cal.Rep.Cit. 51, 298 ; 53, 146. "Unconstitutional, in so far as it authorizes Justices to enforce a lien. (Young v. Wright, 52 Cal. 407; Sutherland v. Sweem, 53 Cal. 48.) Repealed 1877-8, 176. (Hanley v. Sixteen Horses, 97 Cal. 182.)" — Code Commissioners' note. ACT IOCS. Hogs running at large in certain towns. [Stats. 1873-4, p. 904.] Repealed 1897, 198. This act prevented hogs running at large upon lands included in any townsite which had received a patent under congressional grant. ACT 1069. Stanislaus, Fresno, and Sutter counties, protection of ag- riculture in, and prevention of trespassing of animals upon private property. [Stats. 1875-6, p. 373.] Repealed 1897, 198. ACT 1070. To prevent hogs and goats running at large on certain . lands. [Stats. 1875-6, p. 644.] Amended 1877-8, 85. Superseded 1897, 198. This act forbade the running at large upon any townsite receiv- ing patents under act of congress. ACT 1071. Concerning trespassing of animals upon private lands in certain counties. [Stats. 1877-8, p. 176.] Amended 1877-8, 878. Superseded by the estray laws of 1897, 198, and 1901, 603. This act applied to parts of San Bernardino, El Dorado, and Tehama counties, and to all of Alpine, Humboldt, Merced, Solano, Santa Barbara, San Joaquin, San Luis Obispo, and Sacramento counties. ACT 1072. Buck goats, to prevent running at large. [Stats. 1877-8, p. 437.] Probably superseded by estray acts of 1897, 198, and 1901, 603. ACT 1073. Relating to estrays, and repealing all other acts and parts of acts now in force relating to estrays. [Stat, ap- proved March 27, 1897. Stats. 1897, 198.] RenealGd 1901. 606. 400 ETNA— EXPLOSIVES. TITLE 150. ACT 1078. ETNA. Town of, incorporating. [Stats. 1877-8, p. 261.] See title Rough, and Ready, post. TITLE 151. ACT 10S3. EUREKA. To incorporate. [Stats. 1859, 192.] Amended 1S62, 55; 1863-4, 165; 1871-2, 186; 1873-4. 91. Supplemented 1875-6, 333. Amended 1875-6, 334. Superseded by the charter of Eureka, Stats 1895, 356-405. ACT 1084. Incorporation of. [Stats. 1873-4, p. 91.] Supplemented 1875-6, 333. Amended 1875-6, 334. Repealed by charter of Eureka 1895, 356. ACT 1085. To legalize the survey of Clark's addition to. [Stats. 1869- 70, 395.] ACT 10S«. To cede property to Eureka. [Stats. 1857, p. 76.] This act ceded to Eureka the entire water-front of the town. ACT 1087. Common council of to sit as a board of equalization. [Stats. 1877-8, p. 184.] Superseded by charter of Eureka, 1895, 356. ACT 1088. To establish a police court in. [Stats. 1895, p. 90.] Superseded by charter, 1895, 376. TITLE 152. ACT 1093. EXPLOSIVES. An act to protect life and property against the careless and malicious use or handling or dynamite and other explosives. [Approved March 12, 1S87; 1SS7, 110.] Keep record of sales. Section 1. It is the duty of each and every person, contractor, firm, association, joint stock company, and EXPLOSIVES. ' 401 corporation, manufacturing, storing, selling, transferring, disposing of, or in any manner dealing in or with, or using or giving out, nitro-glycerine, dynamite, vigorite, hercules powder, giant powder, or other high explosive, by what- ever name known, to keep at all times an accurate jour- nal, or book of record, in which must be entered, from time to time, as they are made, each and every sale, de- livery, transfer, gift, or other disposition made by such person, firm, association, joint stock company, or corpora- tion. In the course of business or otherwise, of any quan- tity of such explosive substance. What record must show. Sec. 2. Such joiirnal or record book must show, in a legible handwriting to be entered therein at the time, a complete history of each transaction, stating the name and quantity of the explosive sold, delivered, given away, transferred, or otherwise disposed of; the name, place of residence, or business of the purchaser or transferee; the name of the individual to whom delivered, with his or her address, with a description of such individual suffi- cient to provide for identification. Records subject to examination of peace ofiicer. Sec. 3. Such journal or record book must be kept, by the person, firm, association, joint stock company, or cor- poration so selling, delivering, or otherwise disposing of such explosive substance or substances, in his or their principal office or place of business, at all times subject to the inspection and examination of the peace officers or other police authorities of the state, county, city and county, or municipality where the same is situated, on proper demand made therefor; any failure or neglect to keep such book, or to make the proper entries therein at the time of the transaction, as herein provided, or to ex- hibit the same to the peace officers or other police author- ities on demand, shall be deemed a misdemeanor, and punished accordingly. Forfeiture in addition to punishment. Sec. 4. In addition to such punishment, and as a cumu- lative penalty, such person, firm, association, joint stock company, or corporation so offending, shall forfeit, for each offense, the sum of two hundred and fifty dollars, to be recovered in any court of competent jurisdiction, by 402 V EXPLOSIVES. action at law. The party so instituting such actions shall not be entitled to dismiss the same without consent of the court before which the suit has been instituted. Nor shall any judgment recovered be settled, satisfied, or dis- charged, save by order of such court, after full payment into court, and all moneys so collected shall be paid to the party bringing the suit. Prohibiting reckless possession of explosives. Sec. 5. Any person who, in the public street or any highway of any county, city and county, city, or town or city, or at, in, or near to any theater, hall, public or private school, or college, church, hotel, or other public building, or at, in, or near to any private habitation or in, on board of, or near any railway passenger train, or car or train, or cable road, or car of the same, or steam or othor vessel, engaged in carrying passengers, or ferryboat, or other public place where human beings ordinarily pass and repass, shall recklessly or maliciously have in his or her possession any dynamite, nitro-glycerine, vigorite, her- cules powder, giant powder, or other high explosive; or who shall recklessly or maliciously by use of such means intimidate, terrify, or endanger any human being, is guilty of a felony, and on conviction shall be punished accord- ingly. Defining reckless possession. Sec. 6. Any person not regularly engaged in the manu- facture, sale, transportation, or legitimate use in blasting operations, or in the arts, of such substances as are named in this act, shall be presumed (prima facie) to be guilty of a reckless and malicious possession thereof, within the meaning of- the foregoing section, if any such substance is found upon him, or in his possession, in any of the places, or under any of the circumstances specified in the preceding section. Punishment for unlawful possession. Sec. 7. No person may knowingly keep or have in his or her possession any dynamite, vigorite, nitro-glycerine, giant powder, hercules powder, or other high explosive, except in the regular course of business carried on by such person, either as a manufacturer thereof or mer- chant dealing in the same, or for use in legitimate blast- ing operations, or in the arts, or while engaged in trans- EXPLOSIVES. 403 porting the same for others, or as the agent or employee of others engaged in the course of such business or oper- ations. Any other possession of any such explosive sub- stances as are named in this act is unlawful; and the person so unlawfully possessing it shall be punished by Imprisonment in the state prison not exceeding five shears, or by fine not exceeding five thousand dollai-s, or by both such fine and imprisonment. Malicious deposit. Sec. 8. Any person who maliciously deposits or ex- plodes, or who attempts to explode, at, in, under, or near any building, vessel, or boat, railroad, tramroad, or cable road, or any train or car, or any depot, stable, car-house, theater, schoolhouse, church, dwelling-house, or other place where human beings usually inhabit, a,ssemble, fre- quent, or pass and repass, any dynamite, nitro-glycerine, vigorite, giant or hercules powder, gunpowder, or other chemical compound, or other explosive, with the intent to injure or destroy such building, vessel, boat, or other structure, or with the intent to injure, intimidate, or ter- rify any human being, or by means of which any human being is injured or endangered, is guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison not less than one year. Transportation of high explosives. Sec. 9. Any person, firm, or corporation, who shall take, carry, or transport, or cause to be taken, carried, or trans- ported, any dynamite, vigorite, nitro-glycerine, hercules or giant powder, or other high explosive, into the limits of, or through, or across any incorporated citj^ or town of this state, or into, through, or across any harbor for ship- ping, in any manner, condition, or quantity, or otherwise, in violation of the laws or ordinances of such city or town, or of the laws or regulations governing such harbor, shall, in addition to the penalties provided or imposed by such laws, ordinances, or regulations, forfeit to the state of California all such explosive substances, as well as the cases inclosing the same. Such forfeiture may be sued for by any citizen of the state, for himself and the state; and the goods or property, when so forfeited and recov- ered by judgment of the court, shall be sold, and the proceeds divided, the citizen so suing taking one half to 404 FACTORIES— FEEBLE-MINDED CHILDREN. himself for his own benefit, and paying the other half into the state treasury. Such action may he maintained in any court of competent jurisdiction; provided, that the state shall never be liable to any cost or expense for any such suit or proceeding. Police ofiicer may sue for forfeitures. Sec. 10. Any of the forfeitures provided for in this act may be taken advantage of, and sued for and recovered, by any peace officer or policeman, member of the police force of any city, city and county, or town where the same arises, for his own benefit, notwithstanding any law, ordinance, or rule to the contrary. Sec. 11. This act shall take efi!ect and be in force from and after its passage. TITLE 153. ACT 1098. FACTORIES. To provide for the proper sanitary condition of factories and workshops, and for the preservation of the health of the employees. [Stats. 1889, p. 3.] Amended 1901, 571; 1903, 16. Declared unconstitutional. (Schaezlein v. Cabaniss, 135 Cal. 466.) TITLE 154. ACT 1103. FEATHER RIVER. To declare the bridge across Feather River, extending from Fifth Street, at the city of Marysville, in the county of Yuba, to the opposite bank of the said river, a free bridge. [Approved March 31, 1891. Stats. 1891, p. 263.] ACT 1104. Concerning survey of outlet of. [Stats. 1867-8, p. 91.] TITLE 155. FEEBLE-MINDED CHILDREN. Consult the following acts: ACT 1108. To establish the "California home for the rare r.nd train- ing of feeble-minded children," and provide for the FEEBLE-MINDED CHILDREN. 405 maintenance of the same. [Approved March 18, 188.5; 1885, 198.] Repealed 1SS7, 73. ACT 1109. To provide for the government and management of the California home for the care and training of feeble- minded children. [Stats. 1887, p. 69.] Amended 1889, 155. Supplemented 1897, 2, 251, chap. CLXXXVIII; 1901, 795. ACT 1110. Providing a permanent site for the California home for the care and training of feeble-minded children. [Stats. 1889, p. 69.] ACT 1111. To authorize and direct the sale of the site and buildings of the California home for the care and training of feeble-minded children, In Santa Clara County. [Ap- proved March 19, 1891. Stats. 1891, p. 133.] ACT 1113. Granting to the board of supervisors of Sonoma County, California, right of way through the lands of the Cali- fornia home for the care and training of feeble-minded children, to enable said board of supervisors to change the location of the public highway now trav- ersing said lands. [Approved March 23, 1893. Stats. 1893, p. 277.] ACT 1113. To authorize, empower, and direct the California home for the care and training of feeble-minded children, to admit idiots, epileptics and mentally enfeebled paralytics into said institution; to provide for the support of all inmates therein, and to repeal all acts or parts of acts in conflict with the provisions of this act. [Approved March 31, 1897. Stats. 1897, p. 251.] ACT 1114. To authorize and empower the trustees of the California home for care and training of feeble-minded to transfer and quitclaim certain real property to the trustees of the town of Santa Clara. [Approved March 20, 1903. Stats. 1903, 319.] 406 FEES. TITLE 156. ACT 1119. FEES. To regulate fees and salaries of certain officers. [Stats. 1869-70, p. 148.] Amended 1869-70, 677, 680; 1871-2, 140, 178, 188, 219, 910; 1873-4, 102, 204, 212, 885; 1875-6, 134; 1877-8, 134, 738. "Repealed, as to the salaries and fees therein named, by the various County Government Acts, commencing with 18S3, 299, and ending with 1897, 452. Repealed by fee bill of 1895, 267, as to the ofiBcers therein named ; also repealed as to sundry counties by special acts relating to them. (Swinnerton v. Monterey Co., 76 Cal. 115 ; Sacramento Co. v. Colgan, 114 Cal. 246 ; County of Yolo V. Colgan, 132 Cal. 265.)"— Code Commissioners' note. This act was amended in 1871-2, 188, in relation to jurors' fees. It was held, in Carpenter v. Jones, 121 Cal. 362, that this act was not repealed by the codes, and had not been repealed by any subsequent act conflicting therewith, and that a court may refuse to try a civil case under that act until the jury fees are paid as therein pro- vided for. ACT 1120. Concerning costs in civil actions for serving summonses and subpoenas. [Stats. 1891, p. 56.] This act appears in full in Code of Civil Procedure, Appendix, p. 762. It provided for fees where the service was made by a person other than sheriff. ACT 1121. To provide and regulate the manner of receiving and pay- ing fees, commissions, percentages, and other com- pensation for official services in cities and cities and counties having a population of over one hundred thousand inhabitants, and prescribing the duties of officers with reference thereto. [Approved March 11, 1893. Stats. 1893, p. 127.] Amended 1895, 164. Unconstitutional. (Rauer v. Williams, 118 Cal. 401.) ACT 1122. Relating to pension matters and claims against counties. [Stats. 1897, p. 55.] This act provided there should be no fees In these proceedings. A.CT 1123. To establish the fees of countj', township and other offi- cers, and of jurors and witnesses in this state. [Ap- proved March 28, 1895. Stats. 1895, p. 267.] Cal.Rep.Cit. 113, 645; 125, 50; 127, 51; 130, 676; 134, 547; 138. 272; 138, 273. FEES. -iOT "Unconstitutional as to the requirement of a deposit on the appraised valuation of estates (Fatjo v. Pfister, 117 Cal. 83) ; also . in so far as it provides that justices shall retain fees for their own use (Reid v. Grozinger, 115 Cal. 551; ; also as to the amount of justices' fees generally (Dwyer v. Parker, 115 Cal. 544; see Conley V. Calaveras Co., 121 Cal. 482) ; also as to constables in counties of the thirty-fourth class (Kiernan v. Swan, 131 Cal. 410)."— Code Commissioners' note. The act of 1895 is as follows :— The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The following county, township and other officers shall chai-ge and collect the following fees: COUNTY CLERK. On the commencement of any action or proceeding in the superior court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, five dollars. On the filing of a petition for letters of administration, testamentary or guardianship, five dollars, to be paid by the petitioner; provided, that at the time of filing the in- ventory and appraisement in any such proceeding there shall be an additional deposit of one dollar for each ad- ditional thousand dollars of the appraised valuation, in excess of three thousand dollars. On filing the petition to contest any will or codicil, three dollars. On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon filing the first paper in the action by him or them, two dollars. On placing any action, excepting a probate proceeding or default case, on the calendar for trial or hearing, to be paid by the party at whose request such action or pro- ceeding is so placed, two dollars. For every additional defendant appearing separately, one dollar. The foregoing fees shall be in full for all services ren- dered by such clerk in the cause, to and including the making up of the judgment roll. On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing same shall pay to the clerk, in full for all services to be rendered in connection with said motion, except as here- inafter in this section provided, two dollars. 408 PEES. For issuing an execution or order of sale in any action, one dollar. In all proceedings begun or acts performed prior to this act becoming a law, such fees and charges as were pro- vided by law at the time such proceedings were begun or acts performed. The clerk shall also charge and collect the following fees and compensation not above provided for: For any copy of any record, proceeding, or paper on file in the office of the clerk relating to any civil action pend- ing in said court, when such copy is made by him, per folio, ten cents. For each certificate of the clerk, under the seal of the court, twenty-five cents. For filing each claim in probate or insolvency proceed- ings, fifteen cents. No fees shall be allowed or charged by the clerk for services rendered in any criminal case. For services rendered by the clerk, not in connection with civil actions or proceedings in court, he shall charge and collect, for the benefit of the county, the following fees : For issuing marriage license, one half to be paid to the county recorder, two dollars. For filing and indexing articles of incorporation, one dollar. For filing and indexing certificates of copartnership, one dollar. For filing and indexing all papers to be kept by him, other than papers filed in actions or proceedings in court, and official bonds and certificates of appointment, each, twenty-five cents. For issuing any license required by law, other than mar- riage licenses, one dollar. For examining and certifying to a copy of any paper, record, or proceeding prepared by another, and presented for his certificate, fifty cents, and one cent per folio for comparing the said copy with the original. For making satisfaction of or credit on judgment, twenty-five cents. For receiving and filing remittitur from supreme court, fifty cents. FEES. 409 For administering each oatli, without certificate, except in a pending action or proceeding, ten cents. For taking any affidavit, except in criminal cases, twen- ty-five cents. For talking and approving each undertaking, and the justification thereof, except in criminal cases, fifty cents. For searching records or files, for each year, fifty cents. For taking acknowledgment of any deed or other instru- ment, including the certificate, fifty cents. For filing notices of appeal and appeal bonds, each, twenty-five cents. SHERIFF. For serving any process, writ, order or paper, except as hereinafter provided, required by law to be served by the sheriff, fifty cents. For serving a writ of attachment, execution or order for the delivery of personal property, one dollar. For taking any bond or undertaking, fifty cents. For serving an attachment or execution on any ship, boat or vessel, three dollars. For keeping and caring for property under attach- ment or execution, such sum as the court may fix; pro- vided, that no greater sum than two dollars per day shall be allowed to a keeper when necessarily employed. For a copy of any writ, process or paper actually made by him, when required or demanded according to law, per folio, ten cents; proAdded, that when correct copies are furnished to him for use, no charge shall be made for such copies. For advertising sale of property and posting notice, exclusive of cost of publication, or furnishing notice for publication, each, fifty cents. For publication of notice in newspaper, the reasonable cost of publication, subject to the approval of the court. For serving writ of possession or restitution, putting a person in possession of the premises and removing the occupant, one dollar and fifty cents. For subpoenaing witness, including copy of subpoena, each, twenty-five cents. For summoning trial jury of twelve or less, two dollars; for each additional juror, ten cents. For traveling in the service of any paper required by Gen. Laws— 18 410 FEES. law to be served, for each mile actually and necessarily- traveled, one way only, fifteen cents, when such travel can be made by rail; in other cases, twenty-five cents. No constructive mileage to be allowed. For collecting money on execution, with or without levy, one per cent on the first thousand dollars or less, and one half of one per cent on all sums over one thou- sand dollars. For executing and delivei'ing sheriff's deed, one dollar and fifty cents. For executing and delivering certificate of sale, fifty cents. For transporting prisoners to the county jail, the actual cost of such transportation. For executing and delivering any other instrument, ten cents per folio. RECORDER. For recording every instrument, paper or notice re- quired by law to be recorded, per folio, ten cents. For indexing every instrument, paper or notice, for each name, ten cents. For filing every instrument for record and making the necessary entries thereon, twenty cents. For each certificate under seal, twenty-five cents. For every entry of discharge, credit or release on the margin of record, and indexing same, twenty-five cents. For searching the records of his office, for each year, fifty cents. For abstract of title, for each conveyance or incum- brance, twenty-five cents. For recording each map or plat where the same is copied in a book of record, for each course, ten cents. For recording each map or plat where the same is not copied in a book of record, fifty cents. For figures or letters on maps or plats, per folio, ten cents; provided, that the fees for recording any map shall not exceed fifty dollars. For taking acknowledgment of any instrument, fifty cents. For recording marriage license and certificate, to be paid by the county clerk, one dollar. FEES. 411 For recording transcript and all services in estray cases, one dollar. For recording each mark or brand, fifty cents. For administering each oath or affirmation and certify- ing the same, twenty-five cents. For filing, indexing and keeping each paper not re- quired by law to be recorded, twenty-five cents. The clerk, sheriff and recorder shall account for all fees in this section provided for, and the clerk, sheriff and re- corder, unless otherwise provided by law, shall pay the same to the countj"- treasurer on the first Monday of the month following their collection, as provided in this act, CONSTABLES AND MARSHALS. For serving summons and complaint, for each defend- ant served, fifty cents. For each copy of summons for service, when made by him, twenty-five cents. For levying writ of attachment or execution, or execut- ing order of arrest or for the delivery of personal prop- erty, one dollar. For serving writ of attachment or execution on any ship, boat or vessel, three dollars. For keeping personal property, such sum as the court may order; but no more than two dollars per day shall be allowed for a keeper when necessarily employed. For taking bond or undertaking, fifty cents. For copies of writs and other papers, except summons, complaint and subpoenas, per folio, ten cents; provided, that when correct copies are furnished him for use, no charge shall be made for such copies. For serving any writ, notice or order, except summons, complaint or subpoenas, for each person served, fifty cents. For writing and posting each notice of sale of property, twenty-five cents. For furnishing notice for publication, twenty-five cents. For serving subpoenas, each witness, Including copy, twenty-five cents. For collecting money on execution, one and one half per cent. For executing and delivering certificate of sale, fifty cents. 412 FEES. For executing and delivering constable's deed, one dol- lar and fifty cents. For each mile actually traveled within his township in the service of any writ, order, or paper, except a warrant of arrest, in going only, per mile, twenty-five cents. For traveling outside of his township to serve such writ, order, or paper, in going only, fifteen cents; pro- vided, that a constable shall not be required to travel out- side of his township to serve any civil process, order, or paper. No constructive mileage allowed. For each mile necessarily traveled within his county in executing a warrant of arrest, both in going and re- turning from place of arrest, fifteen cents. For each mile traveled out of his county, both going and returning from place of arrest, five cents; provided, that no mileage shall be charged for a warrant of arrest or criminal process served outside of his township, except such service be approved in writing by the district attor- ney of the county; and provided further, than for travel- ing in the performance of two or more official services at the same time, including the service of civil process or criminal warrants, or transportation of persons charged or convicted of a criminal offense, but one mileage shall be charged; provided, that in criminal cases he shall not receive more than one hundred dollars in any one month, and not more than one thousand dollars in any one year. For executing a search warrant, such fees and mileage as may be allowed for executing warrant of arrest. For arresting prisoner and bringing him into court, one dollar. For summoning a jury, two dollars, including mileage. For transporting prisoners to the county jail, the actual cost of such transportation. Provided, that the board of supervisors may reject all bills presented to the county by justices of the peace and constables' for fees in criminal cases in all cases of pro- ceedings in which the district attorney has not, in writ- ing, approved the issuance of the warrant of arrest. County officers must, and township officers may, demand the payment of all fees in civil cases, in advance. FEES. 413 JUSTICES OP THE PEACE. Justices of the peace may, for their owu use, collect the following fees, and no others: Each justice of the peace shall be allowed, in a civil action before him, for all services to be performed by him before trial, two dollars; and for the trial and all pro- ceedings subsequent thereto, including all affidavits, swearing witnesses and jury, and the entry of judgment and issue of execution thereon, three dollars; and in all cases where judgment is rendered by default or confes- sion, for all services, including execution and satisfaction of judgment, two dollars. For all services in a criminal action or proceeding, whether on examination or trial, three dollars; provided, however, that no more than the sum of seventy-five dol- lars in any one month shall be allowed out of the county treasury, in misdemeanor cases, to any one justice. For taking bail after commitment by another magistrate, fifty cents. For certificate and transmitting transcript and papers on appeal, one dollar. For copies of papers on docket, per folio, ten cents. For issuing a search warrant, to be paid by the party demanding the same, fifty cents. For celebrating a marriage, and returning a certificate thereof to the county recorder, three dollars. For taking an acknowledgment of any instrument, for the first name, fifty cents; for each additional name,, twenty-five cents. For taking depositions, per folio, fifteen cents. For administering an oath, and certifying the same, twenty-five cents. For issuing a commission to take testimony, fifty cents. For all services connected with the posting of estrays, one dollar. In cases before the justice of the peace, when the venue shall be changed, the justice before whom the action shall be brought, for all services rendered, includ- ing the making up and transmission of the transcript and papers, shall receive one dollar; and the justice be- fore whom the trial shall take place shall receive the same fees as if the action had been commenced before him. 414 FEES. For performing the duties of coroner, when the coroner fails to act, the same fees and mileage as are allowed the coroner in like cases. For issuing each process, writ, order, or paper required by law to be issued not otherwise herein provided for, twenty-five cents. For administering oath or affirmation not otherwise herein provided for, ten cents. For each certificate or affidavit not otherwise herein provided for, twenty-five cents. For taking and approving bond or undertaking, includ- ing the justification of sureties, fifty cents. 19. Jurors' and witness' fees shall be as follows: JURORS' FE3S. For attending as a grand juror or juror in the superior court, for each day's attendance, per day, two dollars. For attending justice's court, for each juror sworn to try the cause, per day, in civil cases only, two dollars. For each mile actually traveled in attending court, as a juror, except in criminal cases in justice's court, for which no allowance shall be made, in going only, per mile, fifteen cents. WITNESS' FEES. For each day's actual attendance, when legally required to attend upon the superior court, per day, two dollars in civil cases, and one dollar and fifty cents in criminal cases. Mileage actually traveled, one waj'' only, per mile, ten cents; provided, however, that in criminal cases, such per diem and mileage shall only be allowed upon a showing to the court, by the witness, that the same are necessary for the expenses of the witness in attending, and the court shall determine the necessity for the same, and may dis- allow any fees to a witness unnecessarily subpoenaed. For each day's attendance upon justice's court, in civil cases only, when legally required to attend, per day, one dollar. For each mile actually traveled, in civil cases only, in justice's court, in going only, ten cents. Witnesses in civil cases may demand the payment of their mileage and fees for one day in advance, and when FEES. 415 SO demanded shall not be compelled to attend until the same shall have been paid. CORONERS. Coroners may, for their own use, collect the following fees, and no others: For general services in holding an inquest, ten dollars. For each witness subpoenaed, twenty-five cents. For each mile necessarily traveled in going to the place of the inquest, twenty-five cents. For directing or attending the interment of each body upon which an inquest has been held, two dollars; which fees shall be all that he shall be entitled to charge. When acting as or in the place of the sheriff, the same fees as are allowed the sheriff for like services. PUBLIC ADMINISTRx^..TOR. The public administrator shall charge and collect such fees as are now or may hereafter be allowed by law, COUNTY SURVEYOR. The county surveyor shall charge and collect such fees as are now or may hereafter be allowed by law. Sec. 2. No fees or other compensation shall be paid for certificate of declaration to become a citizen of the United States, and for making a record thereof, or for issuing a certificate of citizenship to become a citizen of the United States, or for making a record thereof; and no fees or other compensation shall be paid for filing the statement and afiidavit of a committee or candidate voted for at any public election held within the state; and this section shall apply to all the counties in this state. Sec. 3. All acts or portions of acts inconsistent here- with are hereby repealed. Sec. 4. This act shall take effect immediately. r ACT 1124. An act for the payment of the fees due to trial jurors, who have served as such in the superior court of any county or city and county of this state, under the act of 1895. [Approved March 23, 1901. Stats. 1901, p. 684.] The people of the state of California, "represented in sen- ate and assembly, do enact as follows: 416 FELTOX— FENCES. Section 1. All persons who have attended as jurors in the trial of criminal cases in the superior court of any county or city and county of this state, since the act of March twenty-eighth, eighteen hundred and ninety-five, and pursuant thereto, and have not been paid the fees specified in said act therefor, shall receive and be paid out of the general fund of such county or city and county, the sum of two dollars per day for each day's attendance as such juror. Sec. 2. Such fees shall be paid by the treasurer of such county or city and county, out of the general fund thereof, upon the presentation of a written demand sworn to by the juror and certified as correct by the clerk of the court wherein said services were rendered; said demand so sworn to and certified must contain the title of the action wherein such services were rendered, the days and dates of service, and the amount due the person therein named. Sec. 3. The demands for compensation for services rendered as such juror mentioned in section two of this act shall be allowed and audited in the came manner as other county or city and county claims. Sec. 4. The board of supervisors of each county or city and county is hereby directed to make all necessary and suitable appropriation for the payment of the fees herein provided for. Sec. 5. This act shall take effect immediately. TITLE 157. ACT 1120. FELTON. Incorporating. [Stats. 1877-8, p. 1S5.] TITLE 158. ACT 1134. FENCES. Concerning lawful fences. [Stats. 1850, p. 131.] "Repealed as to many counties bj' the statute of 1S55, p. 154., from which, however, Amador, Butte, Calaveras, Colusa. Klamath, Nevada, Placer, San Bernardino, San Diego. Santa Barbara. Shasta, Siskiyou, Trinity, Tuolumne, and Yuba counties were omitted. The statute of 1S55 was afterwards amended to include Butte, Calaveras, and Nevada. Special acts were passed relating to other counties. FENCES. 417 but the statute of 1850 has apparently not been repealed as to Amador, Klamath, San Diego, Santa Barbara, Siskiyou, and Trinity counties." — Code Commissioners' note. ACT 1135. Concerning lawful fences. [Stats. 1855, p. 154.] Amended 1858, 123; 1861, 510, 513; 1863-4, 465; 1877-8, 765. Supplemented 1860, 141. This act excepted from its operation the counties of Butte, Amador, Tuolumne, Calaveras, San Diego, Nevada, San Bernardino, Colusa, Placer, Santa Barbara, Yuba, Trinity, Shasta, Klamath, and Siskiyou. This act and the supplementary act of 1860, 141, were con- tinued in force by the Political Code, sec. 19, and consequently the counties to which they apply are not subject to the provisions of sec. 841 of the Civil Code. (Meade v. Watson, 67 Cal. 591. See. ■also, Gonzales v. Wasson, 51 Cal. 295.) ACT 1136. Lawful fences, supplementing statute concerning. [Stats. 1860, p. 141.] ACT 1137. Concerning lawful fences in San Bernardino, Colusa, Shasta, Tehama, and Placer counties. [Stats. 1859, p. 279.] Extended to Yuba county, 1863, 357. This latter act repealed, Stats. 1871-2, 700. ACT 113S. Division fences, construction of. [Stats. 1875-6, p. 175.] Amended 1877-8, 765. Repealed, as to San Mateo County, 1877-8, 1019. This act applied to the counties of Sacramento, Solano, Sutter, Yuba, Butte, Contra Costa, San Joaquin (parts of), Amador, San Luis Obispo, Santa Barbara, Ventura, Tulare, El Dorado, Tuolumne, San Mateo, and Nevada. ACT 1139. Regulating the height of division and partition fences in cities. [Stats. 1885, p. 45.] Cal.Rep.Cit. 118, 343. Fences wholly on the land of their owner excluded therefrom. (Western etc. Co. v. Knickerbocker, 103 Cal. 111.) ACT 1140. To prevent persons from passing through inclosures and leaving them open, and tearing down fences to make passage through inclosures. [Stats. 1871-2, p. 384.] See sec. 7, 1875-6, 408; 1877-8, 49, 776. Cal.Rep.Cit. 108, 347. In full in Appendix to Penal Code, p. 598. 418 PERRIES. ACT 1141. To prevent the leaving open of inclosures and hunting on inclosed lands. [Stats. 1875-6, p. 408.] Amended 1877-8, 49, 776. In full in Appendix to Penal Code, p. 599. TITLE 159. ACT 1146. FERRIES. Concerning public ferries and toll bridges. [Stats. 1855, p. 183.] Supplemented 1861, 18; 1862, 247; 1869-70, 887. Amended 1861, 307; 1863, 720, 747, 758; 1863-4, 192; 1867-8, 77; 1873-4, 581. Superseded by Political Code, sec. 2843 et seq. Cal.Rep.Cit. 7, 115. ACT 1147. An act relating to ferries across navigable rivers sepa- rating counties, and empowering the boards of super- visors of such counties to establish and maintain ferries across such rivers, and to pay the expense thereof. [Approved March 16, 1903. Stats. 1903, p. 156.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. When a navigable river forms a boundary between two counties of this state, the boards of super- visors of such counties are hereby given the power to establish and operate a ferry or ferries across such stream. Sec. 2. Each of such counties shall pay such propor- tion of the expenses of establishing and operating said ferry or ferries as may be agreed upon by the boards of supervisors of such counties. Sec. 3. In case either of said counties shall refuse to enter into an agreement to establish and operate such ferry or ferries, the county situated upon the opposite bank of such river may establish and operate a ferry or ferries across such river, and such county is hereby em- powered to acquire landing places for such ferry or ferries on the bank of such river opposite the boundary of such county, and may pay the expense of establishing and ope- FERRY DEPOT— FERTILIZERS. 419 rating said ferry or ferries out of the general road fund of such county. Sec. 4. This act shall take effect from and after its pas- sage. TITLE 160. ACT 1152. FERRY DEPOT. To provide for the issuance and sale of state bonds to create a fund for the construction and furnishing, by the board of state harbor commissioners, of a gen- eral ferry and passenger depot in the city and county of San Francisco; to create a sinking fund for the payment of said bonds, and providing for the submis- sion of this act to a vote of the people. [Approved March 17, 1891. Stats. 1891, p. 110.] Cal.Rep.Cit. Ill, 582. TITLE 161. sr-rr -.-li— ■ FERTILIZERS. ACT H&7. An act to regulate the sale of commercial fertilizers or materials used for manurial purposes, and to provide penalties for the infraction thereof, and means for the enforcement of the act. [Approved March 20, 1903. Stats. 1903, p. 259.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Every lot, parcel, or package of commercial fertilizers or materials to be used for manurial purposes (excepting the dung of domestic animals), sold, offered, or exposed for sale, within this state, shall be accompanied by a plainly printed label, stating the name, brand, and trademark, if any there be, under which the fertilizer is sold, the name and address of the manufacturer, im- porter, or dealer, the place of manufacture, and a chem- ical analysis, stating the percentages claimed to be there- in; of nitrogen, specifying the form or forms in which it is present; of phosphoric acid, available and insoluble; and of potash, soluble in distilled water, and the ma- terials from which all of said constituents are derived. All analyses are to be made according to the methods agreed upon by the American association of official agri- i20 FERTILIZERS. cultural chemists. In the case of those fertilizei'S, the selling price of which is less than eight dollars ($8) per ton, said label need only give a correct general statement of the nature and composition of the fertilizer it ac- companies. Sec. 2. No person shall sell, offer, or expose for sale in this state, any pulverized leather, hair, ground hoofs, horns, or wool waste, raw, steamed, roasted, or in any form as a fertilizer, or as an ingredient of a fertilizer or manure, without an explicit statement of the fact; said statement to be conspicuously affixed to every package of such fertilizer or manure, and to accompany and go with every lot, parcel, or package of the same. Sec. 3. The manufacturer, importer, agent of, or dealer in any commercial fertilizers, or materials used for manu- rial purposes, the selling price of which to the consumer is eight ($8) dollars or more per ton, shall, before the same is offered for sale, obtain a certificate of registra- tion from the secretary of the board of regents of the University of California, covmtersigned by the director of the agricultural experiment station of the said university, authorizing the sale of fertilizers in this state, and shall securely fix to each lot, parcel, or package of fertilizer the word "Registered" with the number of registry. The manufacturer, importer, agent, or dealer obtaining such registry, shall pay to the said secretary the sum of fifty ($50) dollars, to be applied as provided in section nine of this act; such registration shall expire on the thirtieth day of June of the fiscal year for which it was given; provided, the provisions of this section shall not apply to any agent whose principals shall have obtained a cer- tificate of registration as herein provided. Every such manufacturer, importer, agent, or dealer, who makes or sells, or offers for sale, any such substances, under a name or brand, shall file, on or before the first day of July, in each year, a statement, under oath, with said director, stating such name or brand, and stating the component parts in accordance with the provisions of sec- tion one of this act, of the substances to be sold, or offered for sale, or manufactured under each such name or brand. Sec. 4. The said director shall annually, on or before the first day of September, take samples in accordance FERTILIZERS. 421 with tlie provisions of section five hereof of the sub- stance made, sold, or offered for sale, under every such name or brand, and cause analyses to be made thereof in accordance with the provisions of section one hereof, and said analyses may include such other determinations as said director may at any time deem advisable. Dealers in, or manufacturers of fertilizers, must' give free access to the director of the agricultural experiment station, or liis duly authorized deputy, to all the materials which they may place on the market for sale in California. Whenever the analysis certified by the said director shall show a deficiency of not more than one fourth of one per cent of nitrogen, or one per cent of soluble or available phos- phoric acid, or one half of one per cent of potash soluble in distilled water, the statement of the manufacturer or importer, as required in section one of this act, shall not be deemed to be false in the meaning of this act; pro- vided, that this act shall not apply to sales of fertilizing materials made to a registered manufacturer of fertilizers, or to sales for export outside of this state; provided further, that the said director of the agricultural experi- ment station of the University of California shall, upon the receipt of a sample of fertilizer, accompanied with a nominal fee of two ($2) dollars, furnish to the user of said commercial fertilizer, such examination or analysis of the sample as will substantially establish the con- formity or non-conformity of the said fertilizer to the guarantee under which it was sold. Sec. 5. The director of the agricultural experiment station of the University of California, in person or by deputy, is hereby authorized to take a sample not exceed- ing two pounds in weight for analysis by the said director, or his deputies, from any lot, parcel, or package of fertil- izer, or material, or mixture of materials used for manu- rial purposes, which may be in the possession of any manufacturer, importer, agent, or dealer, but said sam- ple shall be drawn in the presence of said party or parties in interest, or their representatives. In lots of five tons or less, samples shall be drawn from at least ten pack- ages, or, if less than ten packages are present, all shall be sampled; in lots of over five tons, not less than twenty packages shall be sampled. The samples so drawn shall be thoroughly mixed, and from it two equal samples shall 422 FERTILIZERS. be drawn and placed in glass vessels, carefully sealed, and a label placed on each, stating the name or brand of the fertilizer or material sampled, the name of the party from whose stock the sample was drawn, and the time and place of drawing; and said label shall also be signed by the said director or his deputy making such inspection, and by the party or parties in interest, or their representatives present at the drawing and sealing of said samples. One of said duplicate samples shall be retained by the party whose stock was sampled, and the other by the director of the agricultural experiment sta- tion of the University of California. Sec. 6. The director of the agricultural experiment station of the University of California shall publish in bulletin form, from time to time, at least annually, the results of the analyses hereinbefore provided, with such additional information as circumstances may advise. Sec. 7. There is hereby appropriated for the use of the agricultural experiment station of the University of Cali- fornia at Berkeley, Alameda County, as set forth in this act, out of any moneys in the treasury not otherwise ap- propriated, the sum of eighteen hundred ($1,800) dollars for the equipment of a laboratory, with the chemicals and apparatus, nnd other incidentals necessary to the suc- cessful prosecution of the work. Sec. 8. In order to further provide for the necessary expenses of this work, there shall be paid by the manu- facturer, importer, agent, or dealer, twenty-five cents for every ton of fertilizer sold, the selling price of which to the consumer is eight ($8) dollars or more per ton. A statement sworn to by the manufacturer, importer, agent, or dealer, of such sales, shall be rendered quarterly to the secretary of the board of regents of the University of California, accompanied by the corresponding amount of the special license fee as above specified; provided, that whenever the manufacturer or importer shall have paid the special license fee herein required, for any perron acting as agent or seller for such manufacturer or importer, such agent or seller shall not be required to pay the special license fee named in this section. On receipt of said special license fee and statement, the said secretary shall issue to the manufacturer, importer, asrent, or dealer, a certificate of compliance with this section. FIDDLETOWN. 423 Sec. 9. All moneys, whether received from registry and analytical fees or special license fees, shall be paid to the secretary of the board of regents of the University of California, for the use of said board in carrying out the provisions of this act. Sec. 10. Any party selling, offering, or exposing for sale, any commercial fertilizer without the statement re- quired by section one of this act, or with a label stating that said fertilizer contains a larger percentage of any one or more of the constituents mentioned in said section than is actually contained therein, except as provided for in section four, or respecting the sale of which all the provisions of this act have not been fully complied with, shall be deemed guilty of a misdemeanor, and upon con- viction thereof before any court of competent jurisdiction, shall be fined in a sum not less than fifty ($50) dollars and costs of action for the first offense, and one hundred ($100) dollars and costs of the action for each subsequent offense. Said fines to be paid into the school fund of the county In which conviction is had. Sec. 11. In any action, civil or criminal, in any court in this state, a certificate under the hand of said director, and the seal of said university, stating the results of any analysis, purporting to have been made under the pro- visions of this act, shall be prima facie evidence of the fact that the sample or samples mentioned in said analysis or certificate were properly analyzed as in this act pro- vided; that such samples were taken as in this act pro- vided; that the substances analyzed contained the com- ponent parts stated in such certificate and analysis; and that the samples were taken from the parcels or packages or lots mentioned or described in said certificate. Sec. 12. This act shall take effect and be in force from and after July first, nineteen hundred and three. TITLE 162. ACT 11 G2. FIDDLETOWN. To prevent hogs and goats running at large in. [Stats. 1873-4, p. 319.] See sec. 9, Stats. 1S97, 198 ; sec. 10, Stats. 1901, 603. ACT lies. Name changed to Oleta. [Stats. 1877-8, p. 109.] 424 FIRE— FIRE DEPARTMENT, TITLE 163. ACT 1168. FIRE. Forest fires on public lands, act to prevent destruction by. [Stats. 1871-2, p. 96.] Cal.Rep.Cit. 90, 109. In full in Appendix to Penal Code, p. 600. ACT 1160. To prevent the destruction by fire of the property of con- tiguous owners. [Stats. 1891, p. 473.] Cal.Rep.Cit. 109, 95. This act made it a misdemeanor to start a fire in hay, grain, stubble, or grass without first taking certain precautions. In full in Appendix to Penal Code, p. 601. TITLE 164. ACT 1174. ^^^^ DEPARTMENT. To allow unincorporated cities and towns to equip and maintain a fire department. [Stats. 1881, p. 26.] Amended 1899, 69, chap. LIX. This act, as amended in 1899, appears in full in Political Code, Appendix, p. 1074. ACT 1175. To create a firemen's relief, health, and life Insurance, and pension fund in the several counties, cities and counties and cities and towns of this state. [Stats. 1901, p. 101.] Amended 1903, 158. This act appears in full in Political Code, Appendix, p. lOSl. ACT 1176. To create an exempt firemen's relief fund in the several counties, cities and counties, cities and towns of the state, and relating to the enrollment, formation into fire companies, and services as firemen of such ex- empt firemen. [Stats. 1895, p. 107.] Unconstitutional. Taylor v. Mott, 123 Cal. 497.) Superseded 1901, 101. ACT 1177. To require the payment of certain insurance premiums by fire insurance companies not organized in Califor- FIRE PATROL. 425 nia, to cities and cities and counties. [Stats. 1885, p. 13.] Amended 1887, 15. Unconstitutional. (San Francisco v. insurance Co., 74 Cal. 113.) The moneys collected under this act were for the benefit of the firemen's relief fund. ACT 1178. Authorizing boards of supervisors to provide pensions foi the relief of aged, infirm, and disabled firemen. [Stats. 1SS9, p. 108.] Amended 1901, 575. Cal.Rep.Cit. 123, 499. This act appears in full in Political Code, Appendix, p. 1080. ACT 1179. Authorizing and requiring boards or commissions naving the management and control of paid fire departments, to grant the members thereof yearly vacations. [Stats. 1895, p. 76.] Amended 1899, 57. This act appears in full in Political Code, Appendix, 1079, ACT 1180. ■ Relating to salaries of officers of fire departments in municipalities of the first class. [Stats. 1897,' p. 54.] Unconstitutional. (Popper v. Broderick, 123 Cal. 456.) ACT 1181. Relating to fire departments of municipalities of the first class, and fixing the salaries of officers thereof. [Stats. 1897, p. 192.] Apparently unconstitutional under the rule announced in Popper V. Broderick, 123 Cal. 456. This act appears in full in Political Code, Appendix, p. 1088. ACT 1182. To provide for increasing the efficiency of fire depart- ments within municipalities of the first class in the state of California. [Stats. 1897, p. 61.] This act appears in full in Political Code, Appendix, p. 1087. TITLE 165. ACT 1188. FIRE PATROL. Underwriters, authorizing the establishment of the fire patrol by. [Stats. 1875-6, p. 689.] Amended 1897, 223. This act appears in full in Civil Code, Appendix, p. 715. 426 FISCAL YEAR— FORECLOSURE. TITLE 166. ACT 1193. FISCAL YEAR. Providing for changing the fiscal year of cities in this state operating under a charter framed under section eight, article eleven, of the constitution, [Stats. 1895, p. 128.] FISH AND GAME. See Game Laws. FISH COMMISSIONERS. See Game Laws. TITLE 167. ACT 1198. FLAG. To prohibit the desecration of the flag of the United States, and provide a punishment therefor. [Stats. 1899, p. 46.] TITLE 168. ACT 1203. FOLSOM. To prevent goats from running at large in. [Stats. 1875-6, p. 385.] Repealed In 1897, 198 ; 1901, 603. Cal.Rep.Cit. 60, 483: 62, 393; 84, 207; 119, 309; 128, 557. TITLE 169. ACT 1208. FORCIBLE ENTRY. Concerning forcible entries and unlawful detainers. [Stats. 1863, p. 652.] Amended 1871-2, 318. Cal.Rep.Cit. 41, 361 ; 44, 195 ; 51, 182 ; 51. 184. Effect of code on : See Norblett v. Farwell, 38 Cal. 155 ; Hem- street V. Wassum, 59 Cal. 273. TITLE 170. ACT 1213. FORECLOSURE. Foreclosure suits, abolishing attorneys' fees in. [Stats. 1873-4, p. 707.] This act appears in full in Code of Civil Procedure, Appendix. p. 780. It provided that the fees of attorneys should be fixed by the court, notwithstanding a stipulation in the mortgage to the contrary. FORESTRY. 427 TITLE 171. FORESTRY. See Agriculture; Fruit-Trees and Vines; Horticulture; Viti- culture; Silk Culture. ACT 1318. To create a state board of forestry, and to provide for the expenses thereof. [Approved March 3, 1885. Stats. 1885, p. 10.] Repealed 1S93. 229. ACT 1319. To enlarge the powers of the state board of forestry, and to provide for the expenses of said board. [Approved March 7, 1887. Stats. 1887, p. 46.] This act was not in terms repealed by the body of the act of March 23, 1893, post, although its title purported to repeal the act, but it probably fell with the repeal of the act on which it was based. ACT 1330. An act to repeal an act entitled "An act to create a state board of forestry, and to provide for the expenses thereof," approved March 3, 1885, and the act amenda- tory thereof, approved March 7, 1887, and to make an appropriation for the maintenance and preservation of the property of the board of forestry. [Approved March 23, 1893. Stats. 1893, p. 229.] Section 1. An act entitled "An act to create a state board of forestry, and to provide for the expenses thereof," approved March third, eighteen hundred and eighty-five, is hereby repealed. Sec. 2. All the real and personal property of the said board on or before the first day of July, eighteen hundred and ninety-three, shall be assigned, made over, and trans- ferred to the agricultural department of the University of California. Sec. 3. There is hereby appropriated the sum of four thousand dollars out of any money in the state treasury not otherwise appropriated, payable to the agricultural de- partment of the University of California, for the support, maintenance, and preservation of the experimental sta- tions of the state board of forestry, and the controller is hereby directed to draw his warrant for the same. Sec. 4. This act shall take effect from and after July first, eighteen hundred and ninety-three. 428 FORT JONES— FRANCHISES. TITLE 172. ACT 1225. FORT JONES. Incorporation of. [Stats. 1871-2, p. 387.] TITLE 173. ACT 1230. FRANCHISES. Providing for the sale of railroad and other franchises in municipalities and relative to granting franchises. [Stats. 1893, p. 288.] Amended 1897, 176. Superseded by 1901, 265. See Horton v. Los Angeles, 119 Cal. 602. Gal. Rep. Git. Ill, 546; 111, 555; 117, 700; 119, 602; 132. 680; 134, 622. This act appears in full in Civil Code, Appendix, p. 753. ACT 1231. Providing for the sale of street railroad and other fran- chises in municipalities, and providing conditions for the granting of such franchises by the legislative or other governing bodies. [Stats. 1897, p. 135.] Repealed 1901, 265. Unconstitutional. (Pereria v. Wallace, 129 Cal. 397.) In full in Appendix to Civil Code, p. 755. ACT 1232. To provide for the sale of street railroad and other fran- chises in municipalities. [Stats. 1901, p. 265.] Amended 1903, 90. This act appears in full in Civil Code, Appendix, p. 758. ACT 1233. Limiting the time for granting franchises for the construc- tion, extension, or operation of street railroads. [Stats. 1893, p. 29.] The code commissioners say this act is superseded by the act of 1897, 265. It appears in full in Civil Code, Appendix, p. 773. ACT 1234. Relating to granting by counties and municipalities of franchises for the construction of paths and roads for the use of bicycles and other horseless vehicles. [Stats. 1897, p. 191.] FRAUDULENT CONVEYANCES— FREE LIBRARIES. 429 TJTLE 174. FRAUDULENT CONVEYANCES, ACT 1239. Concerning fraudulent conveyances and contracts. [Stats. 1850, p. 87.] Amended 1856, 87 ; 1867-8, 110. Superseded by Civil Code, sees. 1227-1231, 1624, 3439-3442. TITLE 175. ACT 1244. FREE LIBRARIES. In reference to library associations. [Stats. 1863, 624.] Amended 1869-70, 366. "Repealed by sec. 288, Civ. Code." — Code Commissioners' note. See note to act 632, ante. ACT 1245. To establish free public libraries and reading-rooms. [Stats. 1880, p. 231.] Repealed 1901, 557. ACT 124G. ijree public libraries and reading-rooms, establishment of. [Stats. 1877-8, p. 329.] Repealed 1880, 233. ACT 1247. An act to provide for the establishment and maintenance of public libraries within municipalities. [Approved March 23, 1901. Stats. 1901, p. 557.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The common council, board of trustees, or other legislative body of any incoi'porated city or town in the state of California, may, and upon being requested to do so by one fourth of the electors of such municipal corporation in the manner hereinafter provided, must, by ordinance, establish in and for said municipality a pub- lic library; provided, there be none already established therein. Sec. 2. The request referred to in the preceding sec- tion may be by a single petition, or by several petitions; provided, that such several petitions be substantially in 430 FREE LIBRARIES. the same form, and that such single petition has, or such, several petitions in the aggregate have, the signatures of the requisite number of electors. Sec. 3. Such public library shall be managed by a board designated as the board of library trustees, consisting of five members, to be appointed by the mayor, president of the board of trustees or other executive head of the munici- pality, by and with the consent of the legislative body of said municipality. Such trustees shall severally hold office for three years, serving without compensation; provided, that the members of the first board appointed shall so classify themselves by lot that one of their number shall go out of office at the end of the current fiscal year, two at the end of one year thereafter, and the other two at the end of two years thereafter. Men and women shall be equally eligible to such appointment, and vacancies shall be filled by appointment for the unexpired term in the same manner. Sec. 4. Boards of library trustees shall meet at least once a month at such times and places as they may fix by resolution. Special meetings may be called at any time by three trustees, by written notice served upon each mem- ber at least three hours before the time specified for the proposed meeting. A majority of the board shall constitute a quorum for the transaction of business. Such boards shall appoint one of their number president, who shall serve for one year and until his successor is appointed, and in his absence shall select a president pro tern. Such boards shall cause a proper record of their proceedings to be kept. Sec. 5. Boards of librarj' trustees shall have power: First — To make and enforce all rules, regulations and by-laws necessary for the administration, government and protection of the libraries under their management, and all property belonging thereto. Second — To administer any trust declared or created for such libraries, and receive by gift, devise, or bequest and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the same for the benefit of such libraries. Third — To prescribe the duties and powers of the li- brarian, secretary and other officers and employc?s of any such libraries; to determine the number of and appoint FREE LIBRARIES. 431 all such officers and employees, and fix their compensation, which said officers and employees shall hold their offices or positions at the pleasure of said boards. Fourth — To purchase necessary books, journals, publica- tions and other personal property. Fifth — To purchase such real property, and erect or rent and equip, such building or buildings, room or rooms, as may be necessary, when in their judgment a suitable build- ing, or portion thereof, has not been provided by the legis- lative body of the municipality for such libraries. Sixth — To require the secretary of state and other state officials to furnish such libraries with copies of any and all reports, laws and other publications of the state not otherwise disposed of by law. Seventh — To borrow books from, lend books to and ex- change the same with other libraries, and to allow non- residents to borrow books upon such conditions as they may prescribe. Eighth — To do and perform any and all other acts and things necessary or proper to carry out the provisions of this at;t. Sec. 6. Boards of library trustees shall, on or before the last day of July in each year, make a report to the legislative body of their municipality, giving the condition of the library on the thirtieth day of June preceding, to- gether with a statement of their proceedings for the year then ended, and forward a copy thereof to the state library at Sacramento. Sec. 7. The legislative body of any municipality in which a public library has been established in accordance with this act, shall in making the annual tax levy and as part thereof, if the maintenance of the library has not been otherwise provided for, levy a tax for the purpose of main- taining such library and purchasing property necessary therefor, which tax shall be in addition to other taxes, the levy of which is permitted in the municipality; provided, that after two years from the passage of this act as to existing libraries and after two years from the establish- ment of new libraries thereunder, where a maintenance corresponding thereto has not been otherwise provided, in municipalities of the first, second and third classes, such tax levy shall not exceed one mill on the dollar of assessed valuation, and in municipalities o^ the fourth, fifth, and 432 FREE LIBRARIES. sixth classes such levy shall not exceed two mills on the dollar of assessed valuation. Sec. 8. The revenue derived from said tax, together with all money acquired by gift, devise, bequest, or other- wise, for the purposes of the library, shall be apportioned to a fund to be designated the library fund, and be ap- plied to the purposes herein authorized. If such payment into the treasury should be inconsistent with the conditions or terms of any such gift, devise, [or] bequest, the board shall provide for the safety and preservation of the same, and the application thereof to the use of the library, in accordance with the terms and conditions of such gift, devise or bequest. Payments from said fund shall be made in the manner provided for the payment of other demands against the municipality; provided, that ' demands upon said fund shall be presented to the board of library trustees for allowance rather than to the legislative or other body of the municipality. Sec. 9. Every library established under this act shall be forever free to the inhabitants and non-resident tax- payers of the municipality, subject always to such 'rules, regulations and by-laws as may be made by boaras of li- brary trustees; and provided, that for violations of the same a person may be fined or excluded from the privileges of the library. Sec. 10. Boards of library trustees and the legislative bodies of neighboring municipalities or boards of super- visors of the counties in which public libraries are situated, may contract for lending the books of such libraries to residents of such counties or neighboring municipalities, upon a reasonable compensation to be paid by such counties or neighboring municipalities. Sec. 11. The title to all property acquired for the pur- poses of such libraries, when not inconsistent with the terms of its acquisition, or otherwise designated, shall vest in the municipalities in which such libraries are, or are to be, situated, and in the name of the municipal cor- porations may be sued for and defended by action at law or otherwise. Sec. 12. An act entitled "An act to establish free public libraries and reading rooms," approved April twenty-six, eighteen hundred and eighty, is hereby repealed; provided, that as to existing libraries this act is to be deemed a FRESNO CITY— FRESNO COUNTY. 433 continuation thereof, and such libraries shall be governed hereby accordingly; provided, however, that this act shall have no application to any library established or governed by the provisions of a city charter, and the provisions of any city charter shall in no rqanner be affected by this act. Sec. 13. Any ordinance establishing a library adopted under the provisions of section one of this act may be re- pealed by the body which adopted the same upon being requested to do so by one fourth of the electors of such municipal corporations, in the manner provided in section two of this act, and upon the repeal of such ordinance such library shall be disestablished in such municipal corpora- tion. Sec. 14. This act shall take effect immediately. TITLE 176. ACT 1252. FRESNO CITY. Fresno, town of, and Merced, city, protection against fire. [Stats. 1877-8, p. 214.] Superseded as to that city by the charter of Fresno, 1901, 833. ACT 1253. Preventing certain animals and fowls from running at large within the limits of Fresno City. [Stats. 1875-6, p. 57.] Repealed 1897, 188. TITLE 177. ACT 1258. FRESNO COUNTY. County seat, locating. [Stats. 1873-4, p. 913.] ACT 1259. County auditor and county recorder, separation of oflBces of, and regulation of official salaries in. [Stats. 1875-6, p. 151.] Amended 1875-6, 3G3 ; 1877-8, 10-1. Repealed by County Gov- ernment Acts, 1897, 535, sec. 182. ACT 12C0. Funds for improvement of court-house and county hospital grounds. [Stats. 1877-S, p. 174.] Gen. Laws— 19 43i FRESNO COUNTY. ACT 1261. Authorizing transfer of funds. [Stats. 1875-6, p. 249.] Superseded by subd. 18, sec. 25, County Government Act, 1S97, 463. ACT 1262. To reduce the number of judges of the superior court of from three to two. [Stats. 1895, p. 156.] ACT 1263. To increase the number of superior judges of. [Stats. 1887, p. 57.] ACT 1264. For the appointment of an additional judge for. [Stats. 1S93, p. 125.] ACT 1265. To provide for the maintenance and construction of roads in. [Stats. 1877-8, p. 859.] Repealed 1883, 5, chap. X, sec. 2. ACT 1266. Issuance of bonds for the construction of certain roads and bridges. [Stats. 1877-8, p. 395.] ACT 1267. To repeal all special laws in and to apply the provisions of the Political Code relating to roads and highways. [Stats. 1873-4, p. 342.] ACT 126g. Promoting sanitary conditions in towns and villages. [Stats. 1877-8, p. 383.] See subd. 20, sec. 25, County Government Act, 1897, 464. ACT 1269. Tax collectors of, bonds of. [Stats. 1875-6, p. 16.] Repealed by County Government Act, 1897, 475, sec. 66. ACT 1270. Treasurer of, salary of. [Stats. 1873-4, p. 236.] Amended 1877-8, 255. Repealed by County Government Act, 1897, 452. ACT 1271. Creating board of water commissioners for. [Stats. 1865-6, p. 777.] Amended 1875-6, 547. FUNDS. 43& ACT 1273. Water ditches and water privileges in. [Stats. 1875-6, p. 547.] TITLE 178. ACT 1277. FUNDS. Authorizing transfer to the general fund of money in other funds of the state treasury. [Stats. 1871-2, p. 475.] This act provided that when the general fund was exhausted, moneys in other funds not needed in such funds could be trans- ferred to it. ACT 1278. Authorizing the governor to order the transfer to the gen- eral fund of any money that may be in other funds of the state treasury, and the return thereof to such funds. [Stats. 1899, p. 15G.] ACT 1279. Requiring the payment into the state treasury of all moneys belonging to the state, received by state institutions, commissions, and officers, and directing the disposi- tion of the proceeds. [Stats. 1899, p. 110.] ACT 1280. Providing for the payment of moneys in the state treasury to the credit of the swamp land fund, to the treasurers of the counties wherein the said swamp land districts are situated, and to provide for the control of the same by the auditor and treasurer of said counties, and pre- scribing the duties of the controller and treasurer in relation thereto. [Stats. 1891, p. 243.] Cal.Rep.Cit. 119, 514. ACT 1281. Authorizing controller and treasurer to transfer certain moneys in certain other funds to the general fund. [Stats. 1893, p. 6.] ACT 1282. Authorizing the treasurer and controller to transfer moneys from the state drainage construction fund to the gen- eral fund. [Stats. 1891, p. 237.] 436 GALINAS SLOUGH— GAME LAWS. ACT 12S3. To authorize the controller and treasurer to transfer moneys from the construction fund of Drainage District No. 1 to the general fund. [Stats. 1891, p. 279.] TITLE 179. ACT 1288. GALINAS SLOUGH. Galinas Slough or Creek, in Marin County, declared navi- gable. [Stats. 1875-6, p. 485.] Repealed by Political Code, sec. 2349, as amended in 1891. TITLE 180. ACT 1293. GAMING. To suppress gaming. [Stats. 1855, p. 124.] Superseded by Penal Code, sees. 330-337. ACT 1294. To prohibit gaming. [Stats. 1857, p. 267.] Superseded by Penal Code, sees. 330-337. ACT 1295. To prohibit gaming. [Stats. 1860, p. 69.] Amended 1863, 723. Superseded by Penal Code, sees. 330 et seq. TITLE 181. ACT 1300. GAME LAWS. To create the office of fish and game warden, and to pre- scribe the powers, duties, and salary of such officer. [Stats. 1895, p. 169.] This act appears in full in Political Code, Appendix, p. 1089. ACT 1301. Authorizing the fish commissioners to purchase the land on which the state fish hatcheries at Sisson are situ- ated. [Stats. 1891, p. 258.] This act appears in full in Penal Code, Appendix, p. 601. ACT 1302. To provide for purchasing land for the state fish hatchery at Sisson, in Siskiyou County, and for making certain GAME LAWS. 437 improvements and repairs at said hatchery, and mak- ing an appropriation therefor. [Approved March 25, 1903. Stats. 1903, p. 434.] ACT 1303. Authorizing commissioners to remove obstructions In American River. [Approved March 5, 1889. Stats. 1889, p. 66.] ACT 1304. To provide for removing obstructions in Pitt River, above tlie mouth of Hat Creek, so as to enable salmon to reach the spawning-grounds on the upper waters of said river and its tributaries, and making an appropriation therefor. [Approved March 25, 1901. Stats. 1901, p. 808.] ACT 1305. Authorizing the board of fish commissioners to construct a steam launch. [Stats. 1885, p. 124.] ACT 1306. To authorize the board of fish commissioners to purchase or construct a gasoline launch, to aid in carrying out the purposes of said board, and appropriating money therefor. [Stats. 1893, p. 346.] ACT 1307. Authorizing fish commissioners to dispose of the steam launch Governor Stoneman and to replace it by two smaller boats to be used as patrol boats. [Stats. 1889, p. 350.] ACT 1308. To authorize state board of fish commissioners to import game birds into the state for propagation. [Stats. 1889, p. 304.] ACT 1309. Authorizing fish commissioners to build and maintain a salmon hatchery. [Stats. 1885, p. 31.] ACT 1310. Authorizing the board of fish commissioners to dispose of the hatchery located on Battle Creek in Tehama Coun- ty, and to expend the pi-oceeds of the same. [Stats. 1897, p. 89.] 438 GAME LAWS. ACT 1311. Nevada County, protecting game in. [Stats. 1873-4, p. SO.] "Probably modified and repealed by Penal Code, sees. 626e, 626f, 626h, and 626i." — Code Commissioners' note. ACT 1312. Yolo County, restricting the hunting of game in. [Stats. 1871-2, p. 411.] "Probably superseded by the general laws on the subject. Sea Penal Code, sees. 635, 636, 636a." — Code Commissioners' note. ACT 1313. To prevent the destruction of deer on Mt. Diablo, in Contra Costa County. [Stats. 1877-8, p. 599.] This act appears in full in the Appendix to the Penal Code, p. 608. ACT 1314. Mocking-birds, act to prevent destruction of. [Stats. 1871-2, p. 102.] This aet appears in lull in the Appendix to the Penal Code, p. 609. ACT 1315. Sea-gulls at Santa Monica, protection of. [Stats. 1875-6, p. 287.] This act appears in full in Penal Code, p. 609. ACT 1316. To prevent capture and destruction of blue cranes. [Stats. 1889, p. 205.] This act appears in full in the Appendix to the Penal Code, p. 60S. ACT 1317. To prevent destruction of fish and game in the waters of Lake Merritt, Alameda County. [Stats. 1869-70. p. 325.] Continued in force by Political Code, sec. 19, and Penal Code, sec. 23. ACT 1318. Napa County, for the protection of fish and game in. [Stats. 1871-2. p. 550.] "Probably repealed by the general laws upon the subject. See Penal Code, sees. 635, 636, 636a." — Code Commissioners' note. ACT 1319. To regulate the vocation of fishing, and to provide there- from revenue for the protection and preservation of fish. [Stats. 1887, p. 233.] GAME LAWS. 439 ACT 1330. To prohibit aliens from fishing in the waters of this state. [Stats. 1880, p. 123.] Unconstitutional. (People v. Parks, 58 Cal. 624.) In full in Penal Code, Appendix, p. 603. ACT 1331. For the protection of certain kinds of fish. [Stats. 1880, p. 106.] Expired in 1882. This act prohibited the catching of catfish, except by hook and line. ACT 1323. Construction, maintenance, and regulation of fishways- in streams frequented by salmon, shad, etc. [Approved April 16, 1880. Stats. 1880, p. 121.] This act is in the Penal Code, Appendix, p. 603 ; also in Political Code, Appendix, p. 1090. ACT 1323. Alameda County, prohibiting destruction of fish in. [Stats. 1877-8, p. 598.] This act is in the Penal Code, Appendix, p. 605. ACT 1324. To prevent destruction of fish in Bolinas Bay. [Stats. 1865-6, p. 637.] Continued in force by Political Code, sec. 19, and Penal Code, 660. 23. ACT 1325. For the protection of fish in Butte Creek, in the county of Butte. [Stats. 1871-2, p. 138.] Amended 1873-4, 87. Probably superseded by the general laws on the subject. ACT 1320. Regulating salmon fisheries on Eel River. [Stats. 1859, p. 298.] Continued in force by Political Code, sec. 19, and Penal Code, sec. 23. See Hickman v. Swett, 107 Cal. 276. ACT 1327. Lake Bigler, preservation of fish in the waters of. [Stats. 1877-8, p. 746.] This act appears in full in the Penal Code, Appendix, p. 606. 440 GAME LAWS. ACT 1328. Kings River, to prevent destruction of fisli in. [Stats 1877-8, p. 601.] This act appears in the Penal Code, Appendix, 606. ACT 1329. To prevent destruction of fish in Napa River and Sonoma Creek. [Stats. 1867-8, p. 13.] Amended 1871-2, 441. Continued in force by Political Code, sec. 19, and Penal Code sec. 23. ACT 1330. San Antonio Creek, preventing catching of fish in, by seines, nets, or weirs. [Stats. 1875-6, p. 362.] This act appears in the Penal Code, Appendix, p. 605. See Penal Code, sees. 636, 636a. ACT 1331. Plumas and Sierra counties, protecting fish in waters of. [Stats. 1871-2, p. 794.] Repealed 1873-4. 154. ACT 1332. Plumas and Sierra counties, protecting fish \n. [Stats. 1873-4, p. 154.] Repealed 1875-6, 725. ACT 1333. Siskiyou County, preservation of fish in waters of. [Stats. 1871-2, p. 385.] "Probably superseded by the general laws upon the subject. See Penal Code, sees. 635, 636, 636a." — Code Commissioners' note. ACT 1334. Concerning trout in Siskiyou County. [Stats. 1865-6, p. 857.] Continued in force by Political Code, sec. 19, and Penal Code, sec. 23. "Modified by Penal Code. sees. 628, 632."— Code Commissioners' note. ACT 1335. Concerning the payment of costs of trials of persons charged with violation of the laws for the preservation of fish. [Stats. 1887, p. 5.] Amended 1903. 20. This act provided that the expense should be borne by the state. It is in the Penal Code. Appendix, p. 602. GAS. 441 TITLE 182. ACT 1341. GAS. For the protection of gas-light companies. [Stats. 1859, p. 309.] Superseded by Penal Code, sec. 498. ACT 1343. Concerning gas companies. [Stats. 1869-70, p. 815.] This act provided for the granting of franchises to gas compa- nies. It was continued in force by sec. 19, Pol. Code, but was superseded by the constitution of 1879, art, XI, sec. 19. ACT 1343. To regulate the use of illuminating gas. [Approved March 20, 1903. Stats. 1903, p. 289.] This act appears in full in Penal Code, Appendix, p. 610. It provided gas should not be turned off at meter by hotel or lodging- house keepers. ACT 1344. An act to regulate the quality and standard illuminating power and the price of gas in all cities within the state of California having a population of one hundred thou- sand or more. [Approved March 4, 1878. Stats. 1877-8, p. 167.] Repealed as to San Francisco by chap. 2 of art. I of the charter. Cal.Rep.Cit. 62, 591; 76, 326. Quality and price of gas to he fixed by whom. Section 1. That in all cities in the state of California having a population of one hundred thousand or more, the local legislative body thereof, whether known and desig- nated as the board of supervisors, or board of aldermen, or common council, or board of trustees, or otherwise, are hereby authorized and i-equired to fix the standard quality and illuminating power of gas to be furnished, and the rate and price for each one thousand cubic feet to be charged therefor by any person, company, or corporation Vv'hose pipes or mains are or shall be laid down in the streets or highways of such city, for the purpose of supply- ing gas for the use of such city, or for the inhabitants thereof, or for such city and its inhabitants; provided, however, that said board or local authority shall not fix or establish the standard quality and illuminating power of 442 GAS. gas in such city at less than sixteen-candle power, or such that five cubic feet of gas per hour so furnished shall give light at least equal to that afforded by the combustion of sixteen standard sperm candles consuming one hundred and twenty grains of sperm each per hour, the burner to be used in making such test to be that best adapted to the economical consumption of gas; and provided further, that such board of supervisors, or local legislative author- ity, by whatever name it may be known, shall not fix or establish the rate or price of gas so furnished to such city or its inhabitants at any greater price or rate than three dollars per thousand cubic feet. Mayor to appoint an inspector. Sec. 2. It shall be the duty of the mayor of each city having the population mentioned in section one of this act, and such mayor is hereby required, within thirty days after the passage and approval of this act, to appoint, subject to the approval of the board of supervisors, or other local legislative body aforesaid, a person of competent experi- ence and knowledge of and concerning the proper qualities and illuminating power of gas, and who shall not be directly or indirectly interested in or connected with any person, company, or corporation engaged in the manufacture or furnishing of illuminating gas in such city, or elsewhere, either to such city or its inhabitants, or any of them, either as a stockholder or otherwise, who shall be known and designated as gas inspector of such city, who shall hold his said office for the term of two years, or until his successor shall be appointed and qualified; subject, how- ever, to removal from his said office by the mayor, with the concurrence of a majority of the board of supervisors, or other local legislative board aforesaid, for any one of the following causes, to wit: by reason of any interest in the manufacture or furnishing of gas in such city, whether such interest existed at the date of his appointment or was afterward acquired, or for want of competent knowledge, skill, or experience to enable him properly to discharge the duties of said office, or for any neglect, misconduct, or in- efficiency in the discharge of the duties of said office, to the prejudice of such city, or its inhabitants, or any of them. The person so appointed shall, before he enters upon the duties of said office, and within ten days after his appointment and confirmation, take and subscribe an oath GAS. • 413 or affirmation before the county judge of the county in which such city is situated, that he will faithfully and im- partially perform and discharge all the duties required by this act and the ordinances or resolutions of said board -passed or adopted under and pursuant to the provisions thereof, as such gas inspector of such city, and shall also, within the same time, give bond to the city in and for which he is appointed, in the sum of ten thousand dollars, with sureties to be approved by said board, conditioned for the faithful performance of the duties of said office, which said oath and bond shall be filed with the clerk of said board. Such gas inspector shall be entitled to a salary to be fixed and allowed by said board, which shall be paid monthly out of the general fund of such city. Duty of inspector. Sec. 3. It shall be the duty of such inspector, imme- diately upon his appointment and qualification as such officer, as aforesaid, to make a careful examination and inquiry by inspection, letter, or otherwise, as to the quality -and illuminating power of the gas furnished and used in the principal cities of the United States, and the prices charged therefor, and also the comparative cost of the manufacture and supply of gas in other cities of the United States, with the cost of the manufacture and supply of the same in the city for which he is such inspector, and report fully the result of such examination and information to said board within six months after his appointment and qualification; and upon receiving such reports, caid board shall proceed to fix and establish the quality and standard illuminating power of gas to be used in such city, and the maximum price to be charged tlierefor; and such standard and price may be changed by said board from time to time, not oftener than once every year, as increased consumption or other circumstances may in their judgment require. Same. Sec. 4. After said board shall have fixed and established the quality and illuminating power, and the price of gas, as hereinbefore, it shall be the duty of such inspector to examine and inspect, from time to time, at least once every week, without notice to the person, company, or corporation furnishing the same, the quality and illuminat- ing power of the gas furnished to such city and the in- 44* • GAS, habitants thereof, and in case the same shall fall below the standard fixed by said board, the said inspector shall forthwith report the same to said board; and at such other times as he may be requested thereto by the mayor or any committee of said board, he shall report to said board upon any and all matters connected with the manufacture, supply, and consumption of gas coming within the scope of his official duties, and specially upon any subject or sub- jects, matters or things, connected therewith and specified in such request. Certain acts declared unlawful. Sec. 5. After said board shall have fixed and estab- lished the quality and standard illuminating power of the gas, and the price per thousand cubic feet, as in this act provided to be charged therefor, it shall be unlawful for any person, company, or corporation to furnish to such city, or any inhabitant thereof, or other person therein, for illuminating purposes, gas of a lower standard or qual- ity, or to charge or receive therefor a higher price than is provided by said board, under the authority and subject to the limitations of this act; and for every violation of the provisions of this act, or the provisions of any order, reso- lution, or ordinance of said board made in pursuance thereof, every such person, company, or corporation shall incur a penalty of not less than one hundred nor more than one thousand dollars, to be recovered in a civil action in the name and for the use of such city, in any court of competent jurisdiction; and each day upon which such per- son, company, or corporation shall, without reasonable cause or excuse therefor, furnish gas of a lower quality or standard illuminating power than that fixed by said board, shall constitute and be considered and held one violation thereof, and each month or shorter period for which said person, company, or corporation shall take an account of gas consumed, and for which they shall charge or receive a price greater than that fixed by said board, shall be held and regarded as one offense, and any number of such offenses of either class, or both, may be joined in the same action, and the several penalties for the sev- eral violations proved or confessed in said action may be united and recovered in the same judgment; and such per- son, company, or corporation shall also be liable to such city and to any and each person or corporation who shall GEOLOGICAL SURVEY— GIFTS. 445 be injured by any such violation, in double the amount of damages actually sustained. Actions tried, by whom. Sec. 6. All actions for penalties under the provisions of this act shall be tried by the court, unless a jury be demanded by either party; and when such action shall be tried by a jury, the jury shall find, as to each violation charged in the complaint, that "the defendant is guilty," or "the defendant is not guilty;" and upon each charge in respect to which the jury has found the defendant guilty, the court shall fix the penalty, and render judgment for the aggregate amount of such penalties, together with costs of suit. Sec. 7. All penalties recovered under this act shall be paid into the general fund of such city. Sec. 8. This act shall apply to the city and county of San Francisco, as well as to cities whose municipal govern- ment is distinct from the county in which they are located. Sec. 9. This act shall take effect immediately. TITLE 183. ACT 1349. GEOLOGICAL SURVEY. To continue the geological survey of the state of California. [Stats. 1871-2, p. 355.] "Probably intended to be repealed by 1873-4, 694, chap. CDLXIII." — Code Commissioners' note. ACT 1350. State geological survey, preservation of material of. [Stats. 1873-4, p. 694.] TITLE 184. ACT 1355. GIFTS. To provide for the receipt of donations to the state, counties, cities and counties, or towns. [Stats. 1880, p. 20.] ACT 1356. To authorize the several counties, cities and counties, cities, and towns to receive gifts. [Stats. 1881, p. 2.] 446 GILROY— GOATS. TITLE 185. GILROY. ACT 1357. Incorporating Gilroy. [Stats. 1869-70, p. 263.] Amended 1871-2, 356; 1875-6, 724. TITLE 186. GLENN COUNTY. ACT 1362. To create the county of Glenn, establish the government, and provide for its organization. [Stats. 1891, p. 98.] Amended 1893, 158. Cal.Rep.Cit. 104, 236; 122, 429. TITLE 187. GOATS. To protect cashmere and angora goats from the ravages of dogs. See title Dogs, ante. ACT 1367. An act to prevent buck goats running at large. [Approved March 23, 1878. Stats. 1877-8, p. 437.] Buck goats not to run at large. Section 1. It shall not be lawful for the owner or own- ers of any buck goat or buck goats, or any person or persons in charge of such goat or goats, to turn or permit such goat or goats to be turned or run at large in any county of this state. Penalty for violation. Sec. 2. Any person violating the provisions of the first section of this act shall, upon complaint and conviction before a justice of the peace of the proper township, be fined in a sum not less than five dollars, nor more than twenty dollars, to be collected as fines are now by law collected. Sec. 3. This act shall take effect on and after the first day of July, eighteen hundred and seventy-eight. Goats in particular cities or counties, see particular title. GOLDEN CITY HOMESTEAD ASSOCIATION— GOVERNOR. 447 TITLE 188. GOLDEN CITY HOMESTEAD ASSOCIATION. ACT 1373. To authorize sale and conveyance of lands in San Francisco to Golden City Homestead Association. [Stats. 1863-4, p. 463.] This act permitted the commissioners of swamp and overflowed lands to sell certain lands to this homestead association. TITLE 189. ACT 1377. GOOD TEMPLARS. Concerning Independent Order of Good Templars. [Stats. 1863, p. 101.] See sec. 288, Civ. Code. This act gave authority to acquire property necessary to carry out its charitable purpose. TITLE 190. ACT 1382. GOVERNOR. Authorizing the appointment of a stenographer for. [Stats. 1891, p. 1.] This act appears in full in Political Code, Appendix, p. 1092. ACT 1383. Governor's mansion, fitting it up for use as a state printing oflace and state armory. LStats. 1873-4, p. 903.] Repealed 1875-6, 22 (Am.). ACT 1384. Providing for the maintenance of a residence fcr. [Stats. 1899, p. 150.] ACT 1385. Providing for the construction and furnishing of a resi- dence for. [Stats. 1899, p. 73.] Amended 1903, 415. ACT 1386. Empowering the governor to execute a quitclaim deed to the successors in interest of James Bowman. [Stats. 1893, p. 15L] 448 GRAND ARMY OF THE REPUBLIC— GROWINU TREES. ACT 1387. Imposing certain duties on, respecting rewards. [Stats. 1875-6, p. 855.] Cal.Rep.Cit. 63, 466. This act authorized the governor to offer rewards. It appears in full in the Appendix to the Penal Code, p. 610. TITLE 191. GRAND ARMY OF THE REPUBLIC. ACT 1302. To prevent persons from unlawfully wearing badge ot Grand Army of the Republic. [Stats. 1887, p. 82.] This act appears in full in the Penal Code, Appendix, p. 611. TITLE 192. ACT 1397. GRASS VALLEY. Incorporating Grass Valley. [Stats. 1861, p. 153.] Amended 1862, 98; 1863-4, 57; 1865-6, 363; 1869-70, 16, 47; 1877-8, 192. Repealed by new charter 1893, 628, TITLE 193. ACT 1402. GROWING TREES. To protect growing timber on possessory claims and other private property, and on streets and highways and public grounds. [Stats. 1862, p. 307.] Superseded by Penal Code. ACT 1403. To prevent the destruction of timber on the public lands of this state. [Stats. 1863-4, p. 136.] Supplemented 1863-4, 435. Superseded by Penal Code. ACT 1404. To provide for the punishment of persons cutting timber upon or carrying away the same when cut down from any of the swamp and overflowed, tide, marsh, or school lands. [Stats. 1S63, p. 739.] Superseded by Penal Code, sec. 603. Cal.Rep.Cit. 60, 82. ACT 1405. To protect the Big Tree groves of Fresno, Tulare, and Kern counties. [Stats. 1873-4, p. 347.] This act appears in full in the Penal Code, Appendix, p. 611. GUARDIAN AND WARD— HARBOR COMMISSIONERS. 449 TITLE 194. GUARDIAN AND WARD. ACT 1410. To provide for. the appointment and prescribe the duties of guardians. [Stats. 1850, p. 268.] Supplemented 1853, 129 ; 1857, 120. Amended 1860, 177 ; 1861, 603; 1869-70, 791. Superseded by Civil Code, sees. 236-258. See, also, provisions in Code of Civil Procedure. Cal.Rep.Cit. 53. 740; 68, 86; 93, 105. TITLE 195. ACT 1415. HABEAS CORPUS. Concerning the writ of habeas corpus. [Stats. 1850, p. 333.] Amended 1854, 26. Supplemented 1859, 15. Superseded by Penal Code, sees. 1473-1505. TITLE 196. HARBOR COMMISSIONERS. ACT 1420. Authorizing the reduction or abolition of rates of dockage by. [Stats. 1871-2, p. 797.] Probably superseded by Political Code, sec. 2526, as amended In 1876. ACT 1421. To authorize the board of state harbor commissioners to make repairs upon private v/hurves in their possession. [Stats. 1873-4, p. 663.] This act appears in full in Political Code, Appendix, p. 1098. ACT 1422. Concerning state harbor commissioners. [Stats. 1873-4, p. 910.] Superseded apparently by the provisions of sees. 2520-2554, Pol. Code. This act related to the harbor commissioners of San Francisco, and placed them under the control of the state harbor commissioners. ACT 1423. State harbor commissioners, granting further powers to. [Stats. 1873-4, p. 912.] Superseded apparently by the provisions of sees. 2520-2554, Pol. Code. 450 HARBOR COMMISSIONERS. ACT 1424. To authorize the board of state harbor commissio:.ers to construct railroads over state lands and along the water-front of San Francisco, and to regulate the use of the same. [Stats. 1889, p. 388.] Superseded by Political Code, sec. 2524. ACT 1425. To provide penalties for failure to pay tolls, by false re- turns or otherwise, to any board of state harbor com- missioners. [Stats. 1891, p. 27.] This act appears in full in Political Code, Appendix, p. 1093. ACT 1426. To provide for the issuing and sale of state bonds to create a fund for the use of the state board of harbor com- missioners in constructing and furnishing of a general ferry and passenger depot in San Francisco. [Stats. 1891, p. 110.] ACT 1427. To extend the jurisdiction of the harbor commissioners over East Street, San Francisco. [Stats. 1891, p. 261.] Superseded by Political Code, sec. 2524, as amended 1901, 620. ACT 1428. Authorizing the board of harbor commissioners to rectify the alignment of East Street, and employing the board to sell, condemn, and acquire adjacent property. [Stats. 1891, p. 270.] This act appears in full in Political Code, Appendix, p. 1093. ACT 1429. To authorize and empower the board of state harbor com- missioners to institute condemnation proceedings against certain property on the corner of Market, Sac- ramento and East streets, in the city and county of San Francisco, and extending their jurisdiction over the same. [Stats. 1895, p. 79.] This act appears in full in Political Code, Appendix, p. 1095. ACT 1430. To authorize the state board of harbor commissioners to establish and maintain a free public market upon the HASTINGS COLLEGE OF THE LAW— HEALTH. 451 water-front of San Francisco, and providing for the ex- penses and regulations thereof. [Stats. 1897, p. 238.] Amended 1903, 76. This act appears in full in Political Code, Appendix, p. 1096 ACT 1431. Empowering the state board of harbor commissioners to insure against loss or damage by fire the property of the state located on the water-front of San Francisco. [Stats. 1901, p. 809.] This act appears in full in Political Code, Appendix, p. 1094. ACT 1432. Concerning the water-front of the city and county of San Francisco. [Stats. 1877-8, p. 263.] Amended 1880, 10; 1889, 379; 1891, 233; 1895, 194; 1901, 627. See Political Code, sec. 2524. This act related to the jurisdiction of the harbor commissioners. TITLE 197. HASTINGS COLLEGE OF THE LAW. ACT 1436. Hastings College of Law, creating. [Stats. 1877-8, p. 533.] "Superseded by amendatory act of 1883, 26, chap. XX, but this act was pronounced unconstitutional in People v. Kewen, 69 Gal. 215." — Code Commissioners' note. ACT 1441. TITLE 198. HAYWARDS. Incorporating. [Stats. 1875-6, p. 215.] Superseded by incorporation, in 1892, under Municipal Govern- ment Act of 1883. ACT 1440. TITLE 199. HEALDSBURG. Charter of. [Stats. 1873-4, p. 665.] Amended 1875-6, 90, 891. Superseded by incorporating, in 1883« tinder Municipal Government Act of 1883. HEALTH. See Public Health. 452 HIGHWAYS. TITLE 200. ACT 1451. HIGHWAYS. Granting to roads and highways a right of way over the public lands of this state. [Stats. 1865-6, p. 855.] ACT 1452. To appropriate money to purchase certain roads within Yosemite grant. [Stats. 1889, p. 142.] The roads included in the act were the Big Oak Flat road and the Yosemite and Wawona road. ACT 1453. To declare a part of the Sonora and Mono wagon road, commencing east of Sonora, at a point known as Long Barn, in Tuolumme County, and running thence across the summit of the Sierra Nevada Mountains to Bridge- port, in Mono County, a state highway. [Became a law under constitutional provision without governor's ap- proval, March 12, 1901. Stats. 1901, p. 272.] ACT 1454. To provide for locating and surveying a proposed highway from a point on the Trinity River, in Trinity County, near the town of North Fork, thence westerly down said river about forty miles to connect with an exist- ing road in Humboldt County, and making an appro- priation therefor. [Approved March 26, 1903. Stats. 1903, p. 515.] ACT 1455. Providing for the construction of a free wagon road from Mono Lake basin to the Tioga road. [Stats. 1899, p. 26.] ACT 1456. To provide for the construction of the unfinished part of the free wagon road from Mono Lake basin to connect with a road called the "Tioga Road" at or near the "Tioga Mine," and making an appropriation therefor. [Approved March 26, 1903. Stats. 1903, p. 523.] ACT 1457. To provide for the construction of a state highway or wagon road from Sacramento City to Folsom. in Sac- ramento County, and appropriating crushed rock and HIGHWAYS. 453 granite or stone blocks for drains and culverts for same, [Approved March 29, 1897. Stats. 1897, p. 239.] ACT 145S. An act to provide for the care, management, and protection of state highways. [Approved March 24, 1903. Stats. 1903, p. 400.] The people of the state of California, represented in senate and assembly, do enact as follows: Sec:ion 1. If any state highway duly declared, laid out, or erected, is encroached upon by fences, buildings, or otherwise, the highway commissioner of California may require the removal of the encroachment. Notice must be given to the occupant or owner of the land or person caus- ing or owning said encroachment, or must be left at his place of residence, if such be known to the commissioner, or in case of a non-resident, then left with his agent if known, otherwise it must be posted on the encroachment. Said notice must specify the breadth of the state highway, the place and extent of the encroachment, and require him to remove the same within five days. Sec. 2. If the encroachment is not removed, or com- menced to be removed and diligently prosecuted prior to the expiration of the five days from the service or th-^ post- ing of the notice, the one who caused, owns, or controls the encroachment forfeits ten dollars for each day the same continue unremoved. If the encroachment is such as to effectually obstruct and prevent the use of the road for vehicles, the state highway commissioner must forth- with remove the same. Sec. 3. If the encroachment is denied, and the owner, occupant, or person controlling the matter or thing charged as being an encroachment refuses to remove or permit the removal thereof, the state highway commission- er must commence in the proper court an action to abate the same as a nuisance. If he recovers judgment, he may, in addition to having the same abated, recover ten dollars for every day such nuisance remained after such notice, and also his costs in his said action. Sec. 4. If the encroachment is not denied, but is not removed for five days after the notice given as herein- before provided, the state highway commissioner may 454 HIGHWAYS. remove the same at the expense of the owner, occupant, or person controlling the same, and recover his costs and expenses, and also ten dollars for each day the same remains after said five days' notice, in an action for that purpose. Sec. 5. 'V^'Tioever obstructs or injures any state high- way, or diverts any watercourse thereon, or drains water from his land on any highway, to the injury thereof, by means of ditches or dams, is liable to a penalty of ten dollars for each day such obstruction or injury remains, and must be punished as provided in section five hundred and eighty-eight of the Penal Code. Any person, persons, or corporations, who shall, by storing or distributing water for any purpose, permit the water to overflow, or saturate by seepage, any state highway, to the injury thereof, shall, upon notification of the state highway commissioner, dis- continue and repair the damage occasioned by such over- flow or seepage; and should such repair not forthwith be made by such person, persons, or corporations, said state highway commissioner shall make such repairs and if necessary divert the flow or seepage, and recover the expense thereof from such person, persons, or corpora- tion, in an action by law. All persons excavating irriga- tion, mining, or draining ditches across the state highways shall be required to bridge such ditches under the direction of the commissioner, at such crossings, and upon neglect to do so, the state highway commissioner shall construct the same and recover the cost of constructing said bridge or bridges of such person by action, as provided in this section; and whoever willfully injures any bridge on a state highway is hereby declared to be guilty of a misde- meanor, and is also liable for actual damages for such injury, to be recovered by the state in a civil action; pro- vided, further, that every person who knowingly allows the carcass of any dead animal (which animal belongs to him at the time of its death) to be put or remain within one hundred feet of any state highway, and every person who puts the carcass of any dead animal within one hun- dred feet of any state highway, or who shall deposit on any state highway any refuse, or waste tin, sheet iron, broken glass, or other refuse matter, is guilty of a misde- meanor. Sec. 6. Whoever removes or injures any mile-stone. HIGHV/AYS. 455 inile-bcr.rd, or guide-post, or any inscription thereon, erected on any state highvvay, is liable to a penalty of ten dollars for every such offense, and punishable as provided in section five hundred and ninety of the Penal Code. Sec. 7. Any person may notify the occupant or owner of any land from which a tree or other obstruction has fallen upon any state highway to remove such tree or ob- struction forthwith. If it is not so removed, the owner or the occupant is liable to a penalty of one dollar for every day thereafter until it is removed, and the cost of removal at the suit of the commissioner. Sec. 8. V/hoever cuts down a tree so that it falls into any state highway must forthwith remove the same, and is liable to a penalty of ten dollars for every day the same remains in such highway. Sec. 9. Whoever digs up, cuts down, or otherwise mali- ciously injures or destroys any shade or ornamental trees on any state highway, unless the same is deemed an ob- struction by the state highway commissioner, and removed under his direction, forfeits one hundred dollars for each such tree. Sec. 10. All penalties or forfeitures and other recoveries given in this act and not otherwise provided for, must be recovered by the state highVay commissioner by suit in the name of the state, and paid into the state treasury, and thereafter be used for the purpose of costs or ex- penses in future proceedings under this act or for state road purposes. Sec. 11. All acts, or parts of acts, in conflict v/ith the provisions of this act, are hereby repealed. Sec. 12. This act shall take effect and be in force from and after its passage. ACT 1459. To regulate the widths of tires of v^-agons to be used on the public highvt'ays of the state of California. [Stats. 1897, p. 177.] Repealed 1900, 22. ACT 14C0. For the establishment of a uniform system of road gov- ernment and administration in' the counties of the state of California. [Stats. 1897, p. 374.] Ucptaled by County Government Act. (Davis v. Whidden, 117 Cal. CIS.) 453 HIGHWAYS. ACT 1461. To create a bureau of highways, and prescribe its duties and powers, and to make an appropriation for its ex- penses. rStats. 1895, p. 263.] Superseded 1897, 443. ACT 1462. An act to create a department of highways for the state of California, to define its duties and powers, to pro- vide for the appointment of ofncers and employees thereof, and to provide for the compensation of saia officers and employees, and for the additional expenses ot said department, and to make an appropriation therefor for the remainder of the forty-eighth fiscal year. [Approved April 1, 1897. Stats. 1897, 443.] Section 1. A department of and for the state of Cali- fornia, to be known as the department of highways, is hereby created, to consist of three chief executive officers, w^ho shall be known as highway commissioners. Said de- partment, its officers and employees, shall have and exer- cise the powers and duties hereinafter specified, and such as are or may be otherwise provided by law. Sec. 2. Immediately upon the taking effect of this act, the governor, by and with the consent and advice of the senate, shall appoint three persons as highway commission- ers. The persons so appointed shall be selected with par- ticular reference to their qualifications for, and practical knowledge of, highway location, construction, and mainte- nance. The highway commissioners shall devote their entire time to the service of the state, and shall not actively engage in any other pursuit while serving as highway com- missioners. The commissioners shall personally perform all the engineering work of the department; provided, that the department may be allowed assistance on the en- gineering work thereof on receiving the unanimous ap- proval of the state board of examiners. Sec. 3. Each of the highway commissioners shall hold office for the term of two years from and after the date of his qualification, as hereinafter provided for. At the expiration of said last-named term two of said three offices shall thereupon cease and determine, and the powers and duties herein specified shall devolve upon one highway HIGHWAYS. 457 commissioner. At least thirty days prior to the expiration of the terms of the highway commissioners provided for above in this section the governor, by and witli tlie advice and consent of the senate, unless it be otherwise provided by law, shall appoint, for a term of four years, and every four years thereafter, one civil engineer as highway com- missioner, who shall have the qualifications specified in section two of this act, and upon him shall devolve all of the duties and pov/ers which shall be conferred upon the commissioners first appointed under the provisions of this act, and who shall receive like compensation. Whenever a vacancy occurs in the office of highway commissioner, it shall be the duty of the governor to fill such vacancy for the unexpired term, which appointment shall be confirmed by the senate at its next session. Sec. 4. Within twenty days after receiving notice of appointment, the person or persons so appointed shall file a bond in the sum of ten thousand dollars ($10,000), with at least two sufficient sureties thereon, for the faithful performance of his duties, which bond must be approved by the governor, and filed with the secretary of state, and qualify by taking the oath of office as prescribed for stats officers. Sec. 5. The three chief executive officers hereinbefore provided for shall immediately, upon qualifying, organize by electing one of their number as president and shall adopt a seal for the authentication of its acts, records, and proceedings. Sec. 6. The department of highways shall have power to appoint a secretary, and a stenographer, who shall hold office at the pleasure of the department. Such employees shall not be eligible for such appointment unless they possess special qualifications for, and are competent to perform the duties devolving on them; and they shall de- vote their entire time to the service of the departm.ent. Sec. 7. The office of the department of highways shall be in the state capitol building; and the secretary of state shall assign to the department, for its use, such rooms as may be necessary for its accommodation. All of the regular meetings of the department shall be held at such office. The department may, however, hold such special meetings at such places as the duties of the department, or the best interests of the state, may require. Gen. Laws— 20 458 HIGHWAYS. Sec. 8. The department of higliways shall take posses- sion, in the name of the state, as rapidly as the funds pro- vided therefor will permit, of all roads which have been or may be declared state highways. Sec. 9. The department of highways shall have charge of all expenditures made by the state for highway pur- poses, except as otherwise provided by law; and all moneys appropriated for such purpose shall be made pay- able upon proper order of said department. All claims and accounts which may be incurred by the department of highways shall, however, before payment, be audited by the board of examiners. Sec. 10. The department of highways shall make exam- ination into existing highway conditions in the state of California, and shall, furthermore, make such investigations within the state, as will put at the service of the state the most approved methods of highway improvement. It shall supply, on request, without charge, any information rela- tive to highways required by any county or district official having care of and authority over highways within this state. It shall collect and collate data relating to the geo- logical formation of the state in so far as it relates to ma- terial suitable for highway construction, and make analyses and tests of such material as it may deem suitable for highway uses, with the view of determining the value of the same for such purposes. All data so collected, together vdth such other matters of value or interest to the people of the state, shall be published in bulletins, or upon maps or diagrams, or in other proper form, or in the biennial report of the department, as it in its discretion shall de- termine. The department shall prepare and adopt styles and forms of books for use by officials, in which to keep account of the expenditure of highway m.oney and all other records or proceedings relating to highways. It shall prepare such forms as may be necessary for use in con- nection with opening, abandoning, altering, locating, constructing, maintaining, obtaining title to, or other- wise relating to proposed state highways; and such books and forms, when so adopted, shall be the standard for use in the state. Copies of them shall be forwarded to the various officials who are charged with keeping or using the same, and such officials shall immediately pre- pare books and forms after the style shown by such stand- HIGHWAYS. 459 ard, and sliall thereafter use tliem exclusively for the purposes for which they are intended. It shall be the duty of the department to adopt such general forms for the surveying of state highways, mapping, and keeping of the notes thereof, and the permanent marking of the same on the ground, as it shall deem necessary and shall issue instructions defining such genei'al forms and markings to the person having charge of the making of such sur- veys; r.nd it shall thereafter be the duty Of such persons to follow the methods prescribed in such instructions. The department of highways, in performance of its duties, shall have the power to call upon any state, county, or dis- trict official to furnish it with any information contained in his ofiice Vv'hich relates to or is in any way necessary to the proper performance of the work of said department; and it is hereby made the duty of such officials to furnish such informa,tion without cost. The attorney-general of the state shall be the legal adviser of the department of high- ways, and said department of highways shall call upon the attorney-general of the state for all such legal advice and services as the discharge of its duties may require. Sec. 11. The department shall prepare biennial reports, which shall be submitted to the governor at least thirty days before each session of the legislature. Said report shall embrace the work and investigations of tlie depart- ment for the previous two years, together with such recommendations for changes in the law which it may deem advisable, and which the proper and economical maintenance of the highways may demand. Sec. 12. It shall be the duty of the state controller, upon the demand of the department of highways, to trans- fer to it, for its use, all of the property, books, reports, and papers of every description which shall be transferred to him under the provisions of an act entitled "An act to create a bureau of highways, and prescribe its duties and powers, and make an appropriation for its expenses," approved March tv/enty-seventh, eighteen hundred and ninety-five. Sec. 13. It shall be the duty of the state printer to print such reports, bulletins, or other matter, and furnish any necessary illustrations or diagrams therefor as the de- partment of highways may deem necessary; all of which shall first be subject to the approval of the state board of examiners. 460 HIGHWAYS. Sec. 14. The department of highways shall have the power and authority to employ, when in its judgment it is deemed necessary, such assistance of a special character as may be necessary and proper, for the discharge of its duties. The department shall also have the power to pur- chase such supplies, fixtures, and conveniences, as may be necessary in the performance of its work. The commis- sioners of the department of highways, or any employee thereof, shall be sallowed their necessary traveling expenses while engaged in the discharge of their duties v\-ithin the state. All of the expenses mentioned in this section, ex- cept as othei'wise herein provided, shall be paid from the appropriation for the contingent expenses of the depart- ment of highways. The employment and compensation of assistants under the provisions of this section must re- ceive the approval of the state board of examiners. The expense incurred in locating and definitely surveying staia highways in a county shall be paid from the funds appor- tioned thereto for state highway purposes. Sec. 15. The commissioners of highways shall each re- ceive the sum of three thousand dollars ($3,000) per cn- ■num; the secretary the sum of fifteen himdrel dollar'^ ($1,500) per annum; and the stenographer the sum of twelve hundred dollars (51,200) per annum. Such salaries shall be paid at the same time and in the same manner as are the salaries of other state officers. Sec. 16. For the purposes of carrying out the provisions of this act, the sum of three thousand dollars ($3,000) is hereby appropriated out of any money in the state treasury Bot otherwise appropriated, to pay the salaries of the officers, and employees and the other expenses of said de- partment for the remainder of the forty-eighth fiscal year. Sec. 17. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 18. This act shall take effect and be in force from and after its passage. ACT 1463. An act to provide for the protection and preservation of public highways from damage by storm watc-3 and floods, and to authorize the expenditure of public moneys for the purposes thereof. [Approved April 1. 1897. Stats. 1897, 404.] HIGHWAYS. 461 Section 1. Whenever it appears to the board of super- visors that any public road, in any road district of the county, is in danger of being damaged by storm waters, or floods, or whenever any public highway has already been damaged by storm waters, or floods, it is hereby made the duty of the board of supervisors to adopt such measures as may be necessary to prevent such damage, or to repair the same; and the beard of supervisors is hereby author- ized to construct flumes, ditches, or canals, for the purpose of carrying off such storm waters, or floods, to a place of safety, and may condemn the right of way for such flumes, ditches, or canals for such purpose; provided, however, that no more than the sum of one thousand dollars shall be used for such purpose in any one road district of the county in any one year. Sec. 2. All moneys used for the purposes of this act may be taken from the general road fund of the county. Sec. 3. This act shall take effect and be in force from and after its passage. ACT 14C4. An act relating to the granting by counties and municipal- ities of franchises for the construction of paths and roads for the use of bicycles and other horseless vehicles. [Approved March 27, 1897. Stats. 1S97, 191.] Section 1. The legislative or other body to whom is intrusted the government of any county, city and county, city, or town, may, under such regulations, restrictions, and limitations as it may provide, subject to existing laws, grant franchises for the construction of paths and roads, either on the surface, elevated, or depressed, on, over, across, or under the streets and public highways of any such county, city and county, city, or town, for the use of bicycles, tricycles, motor-cycles, and other like horseless vehicles, propelled by the rider, for a term not exceeding fifty years; provided, that in incorporated cities no fran- chise shall be granted for the purpose herein expressed, unless the consent in writing of the owners of a majority of the frontage upon the road or street, along which said path or road ic sought to be constructed, be first had and obtained and filed with such legislative or governing body. Sec. 2. This act shall take effect immediately. 462 HOLIDAYS— HOMESTEADS. HOGS. General acts relating to hogs running at large were repealed by the estray law of ly9T, p. 198. For acts relating to particular locali- ties, see particular title. TITLE 201. ACT 1460. HOLIDAYS. An act authorizing boards of supervisors or other govern- ing bodies of municipalities to declare holidays. [Approved March 23, 1901. Stats. 1901, 658.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The board of supervisors or other governing body of any county, town, city, or city and county, may de- clare the day on which a primary or other election is held in such municipality to be a holiday therein. TITLE 202. ACT 1474. HOLLISTER. Incorporating. [Stats. 1873-4, p. 675.] Superseded by incorporating under statute of 1SS3, in 1901. TITLE 203. **^m -..^a HOME OF ADULT BLIND. ACT 1479. Appropriating money for the establishment and manage- ment of the industrial home of mechanical trades for the adult blind. [Stats. 1885, p. 18.] Superseded 1887, 160, chap. CXLVIII. ACT 1480. Establishing an industrial home of mechanical trades for the adult blind, and creating a board of directors for the government thereof. [Stats. 1887, p. 160.] Amended 1SS9, 147. TITLE 204. ACT 1485. HOMESTEADS. In relation to homesteads. [Stats. 1S67-S, 116.] Superseded by Civil Code, sees. 1237-1269. Cal.Kep.Cit. 46, 266 ; 47, SO ; 71, 508. HOMESTEAD CORPORATIONS— HOMING PIGEONS. 4G3 ACT 14S6. Extending the privileges of the homestead law to certain persons. [Stats. 1860, 87.] Cal.Rep.Cit. 102, 497; 102, t"00 ; 119, 372. This act extended the law to unmarried men and women and to widows and widowers. The homestead acts are superseded by Civil Code, sees. 1237 et seq. ACT 14S7. Alienating or incumbering. [Stats. 1873-4, p. 582.] Cal.Rep.Cit. 108, 220; 114, 670; 126, 25. This act appears in full in Civil Code, Appendix, p. 718. It pro- vided for the alienation of the homestead in case of the insanity of either husband or wife. TITLE 2C5. HOMESTEAD CORPORATIONS. ACT 1492. To authorize formation of homestead corporations. [Stats. 1861, p. 567.] Repealed. See note to act 632, ante. See supplementary act of 1873-4, 525, which appears in full in Civil Code, Appendix, p. 720. Cal.Rep.Cit. 131, 341. TITLE 206. HOMING PIGEONS. ACT 1497. An act for the protection of the Antwerp messenger, or homing pigeon. [Approved February 26, 1897. Stats. 1897, 37.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. It shall be unlawful for any person, other than the owner thereof, to shoot, maim, or kill any Ant- werp messenger, or homing pigeon, either in flight or at rest. Sec. 2. It shall be unlawful for any person, other than the owner thereof, to forcibly entrap or detain any Ant- werp messenger, or homing pigeon. Sec. 3. Any person who shall violate any of the provis- ions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, for every such offense, shall be punished by a fine of not less than ten (10) or more than 464 HOPS— HORTICULTURE. twenty-five (25) dollars, or by Imprisonment in the county jail for a term not exceeding fifty (50) days. Sec. 4. This act shall take effect and be in force from and after its passage. TITLE 207. ACT 15C2. HOPS. An act fixing rate of tare on baled hops. [Approved March 31, 1891. Stats. 1S91, p. 452.] Section 1. There shall be allowed on baled hops a tare at the rate of two per centum of the weight of the bale for the cloth and other material used in baling; that is, the tare shall be at the rate of two pounds per hundred on the weight of the bale. Sec. 2. This act shall take effect and be in force from and after its passage. TITLE 208. ACT 1507. HORNITOS. Incorporating town of. [Stats. 1869-70, p. 471.] TITLE 209. HORTICULTURE. See Agriculture ; Forestry ; Viticulture. ACT 1512. To create and establish a state board of horticulture, and appropriate money for the expenses thereof. [Ap- proved March 13, 1883; 1883, 289.] Amended 1885, 4; 18S9, 8, 89. Repealed 1903, 524. ACT 1513. An act to create a state commission of horticulture, to provide for a state commissioner of horticulture, and prescribe his powers, duties and compensation, and to provide methods, means and penalties for the en- forcement of such powers and duties, and appropriat- ing money for the use and support and to pay the ex- penses thereof, and to repeal chapter sixty-three of the laws of eighteen hundred and eighty-three, chapter HORTICULTURE. 465 seven of the laws of eighteen hundred and eighty-five, chapter eighty-six of tlie laws of eighteen hundred and eighty-nine, and chapter one hundred and ninety-four of the laws of eighteen hundred and ninety-one. [Approved March 25, 1903. Stats. 1903, L24.] The people of the state of California, represented in senate and assembly, do enac;: as follows: Section 1. The office of state commissioner of horti- culture Gi California is hereby created. It shall be the duty of the governor, within forty days after the passage of this act, to appoint a citizen and resident of this state to hold said office of state commissioner of horticulture, who must at the date of his appointment be a skilled horticulturist and entomologist. The term of office shall be for four years, and until a successor is appointed and qualified. The governor may remove such commissioner from office at any time, upon filing with the secretary of state a cer- tificate of removal signed by the governor. In case of a vacancy in said office by death, resignation, removal from office, or other cause, the governor shall fill the vacancy for the unexpired term. The salary of said commis- sioner shall be two hundred and fifty dollars per month, and he shall be allowed in addition a sum not to exceed five hundred dollars yearly for traveling and incidental ex- penses necessary in the discharge of his duties herein provided for. Such commissioner may appoint a clerk at a salary of one thousand five hundred dollars per year, who shall perform the duties required of him by such com- missioner. In appointing such commissioner and his suc- cessor or successors, it shall be the duty of the governor to diregard political affiliations, and be guided in his selection entirely by the professional and moral qualifications of the person so selected for the performance of the duties of said office. The office of said commissioner shall be kept open every day except holidays, and shall be in charge of the clerit during the absence of such commissioner. The main office of such commissioner shall be at the city of Sacramento. The secretary of state shall furnish and set aside in the capitol a room or rooms suitable for offices for said commissioner, and if the secretary of state shall make and file an affidavit with the said commissioner stat- ing that it is not possible for him, as such secretary of state, to provide and set aside an office for said commissioner 466 HORTICULTURE. in the capitol, or in any state building under his control, because there is no such office room or rooms available, then, and after the making and delivery of such affidavit to such commissioner, the said commissioner may rent rooms convenient and suitable for his offices under this act. at a rental not to exceed five hundred dollars per year. Said- commissioner may also keep and maintain an office in the city and county of San Francisco at a yearly rental not to exceed the sum of five hundred dollars, and may appoint a deputy commissioner who shall be an expert entomolo- gist and horticulturist, to have charge of said office under said commissioner, and to perform any and all duties which said commissioner may require of him under this act, and shall fix the monthly compensation of such deputy at $200 per month. Such deputy shall hold his position during the pleasure of such commissioner, and may be removed from his office or position at any time by said commissioner filing witli the secretary of state a certi- ficate signed by said commissioner so removing sucn deputy. Said commissioner may also appoint, by and with the approval of the governor, such temporary deputies from time to time as may be required for quarantine purposes under this act, and such temporary deputies shall re- ceive such compensation per diem as may be specified in the writing so approving such appointment. If there be not sufficient furniture and office appliances turned over to such commissioner by the state board of horticulture heretofore existing, to furnish and equip properly the office or offices for such commissioner at Sacramento and San Francisco aforesaid, the said commissioner may, by and with the approval of the governor, purchase for the use of his said office or offices such furniture and appliances as may be necessary therefor, and from time to time, at an expense not to exceed a sum to be mentioned in such ap- proval, which expense, together with all other expenses authorized by this act, is hereby allowed for the purposes specified. Sec. 2. Upon taking office under this act such commis- sioner shall be entitled to receive and have turned over td him as such commissioner all the books, records, and property in the possession, charge, custody or control of the state board of horticulture heretofore existing, and all such property shall be delivered to such commissioner HORTICULTURE. 467 upon demand. Such commissioner shall be deemed for such purposes the successor of said board. Sec. 3. Such commissioner shall collect books, pam- phlets and periodicals and other documents containing in- formation relating to horticulture, and shall preserve the same; collect statistics and other information showing the actual condition and progress of horticulture In this state and elsewhere; correspond with horticultural so- cieties, colleges and schools, and with the county boards of horticulture existing or that may exist in this state, and with all other persons necessary to secure the best re- sults to horticulture in this state. He shall require reports from county boards of horticulture in this state; and may print the same or any part thereof as he may select, either in the form of bulletins or in his annual report, or both, as he shall deem proper. He shall issue and cause to be printed and distributed to county boards of horticulture in this state, and to all other persons whom he may deem proper, bulletins or statements containing all the informa- tion best adapted to promote the interest and protect the business and development of horticulture in this state. Such commissioner shall be deemed to be the state hor- ticultural Quarantine officer mentioned in chapter seventy- six of the laws of eighteen hundred and ninety-nine, for the purposes of that act, and shall be empowered to per- form the duties which under that act are to be performed by the state horticultural quarantine officer; provided, that any inspection therein authorized, when made by such commissioner, must be with the approval of the governor, and as provided by this act. Sec. 4. Said commissioner may, by and with the ap- proval of the governor, establish, maintain and enforce such quarantine regulations as may be deemed necessary to protect the nurseries, trees, shrubs, plants, vines, cut- tings, grafts, cions, buds, fruit-pits, fruit, vegetables, or other articles of horticulture, against contagion or infec- tion by injurious disease, insects or pests, by establishing such quarantine at the boundaries of this state or else- where within the state, and he may make and enforce, with the approval of the governor, any and all such rules and regulations as may be deemed necessary to prevent any infected stock, tree, shrub, plant, vine, cutting, graft, cion, bud, fruit-pit, fruit, vegetable, or other article of horticul- 468 HORTICULTURE. ture, from passing over any quarantine line established and proclaimed pursuant to this act, and all such articles shall, during the maintenance of such quarantine, be inspected by such commissioner or by a deputy appointed in writ- ing by said commissioner with the approval of the govern- or, and he or the deputy so conducting such inspection shall not permit any such article to pass over such a quarantine line during such quarantine, except upon a certificate of inspection signed by such commissioner or in his name by such a deputy who has made such inspection, unless such article has been immediately prior to such passage inspected by an oflBcer or agent of the United States en- titled to inspect the same, and such officer or agent has granted permission for such passage. All approvals by the governor given or made pursuant to this act shall be in writing and signed by the governor in duplicate, and one copy thereof shall be filed in the office of the secretary of state and the other in the office of said commissioner before such approval shall take effect. Sec. 5. Upon information received by such commis- sioner of the existence of any infectious disease, insect or pest, dangerous to any such article, or to the interest of horticulture within this state, or that there is a proba- bility of the introduction of any such infectious disease, insect or pest into this state or across the boundaries thereof, he shall proceed to thoroughly investigate the same, and may, by and with the approval of the governor, establish, maintain and enforce quarantine as hereinbefore provided, with such regulations as may be necessary to circumscribe and exterminate or eradicate such infectious diseases, insects or pests, and prevent the extension thereof, and is hereby authorized to enter upon any grounds or premises, arid inspect any stock, tree, shrub, plant, vine, cutting, graft, cion, bud, fruit-pit, fruit, vegetable, or other article of horticulture, or implement thereof, or box or package pertaining thereto, or connected therewith, or that has been used in packing, shipping or handling the same, and to open any such package, and generally to do, with the least injury possible under the conditions to prop- erty or business, all acts and things necessary to carry out the provisions of this act. Sec. 6. Upon the discovery of any such Infectious dis- ease, insects or pests, such commissioner shall immediately HORTICULTURE. 469 report the same to all county boards of horticulture, to- gether with a statement as to the best known means or method for circumscribing, exterminating or eradicating the same, and shall state therein specifically what treat- ment or method should be applied in each case, as the matter may require, with a detailed statement or pre- scription as to the method of making or procuring, and of applying any preparation or treatment so recommended therefor, and the times and duration for such treatment, and if chemicals or articles be required other than those usually obtainable at any town, the place or places v/here they are most readily to be obtained; and upon the receipt of such statement by any county board of horticulture, or any member thereof, it shall be the duty of such county board of horticulture to distribute such statement in printed form to every person owning or having charge or posses- sion of any orchard, nursery stock, tree, shrub, or article of horticulture within their county, where it is supposed by said county board there is any danger to the interests of horticulture, and such a statement must be served with or be a part of the notice to be given to the ov/ner or owners, or person or persons, in possession of any orchard, nursery, tree, shrub, or article of horticulture, referred to, provided for, and required to be served in and by section two of chapter one hundred and eighty-three of the lav/s of eight- een hundred and ninety-seven, or any amendments which have been or may be made thereto. Sec. 7. Whenever it shall become necessary to establish quarantine under this act, if there be any authorities or officers of the United States having authority to act in such matter, or any part thereof, the said state commis- sioner of horticulture shall notify such authority or officers of the United States, and co-operate as far as possible with such authorities or officers of the United States whereso- ever the jurisdiction of the United States extends and is being exercised, and shall obtain, whenever desirable and possible, the assent of the proper authority or officers of the United States to the establishment or change of quar- antine lines, so as to most effectively and speedily accom- plish the purposes of this act. The said commissioner shall at once notify the governor of all quarantine lines established under or pursuant to this act, and if the gov- ernor approve or shall have approved of the same or any 470 HORTICULTURE. portion thereof, the governor shall issue his proclamation proclaiming the boundaries of such quarantine, and the nature thereof, and the orders, rules or regulations pre- scribed for the maintenance and enforcement of the same, and shall publish such proclamation in such manner as he may deem expedient to give proper notice thereof. Sec. 8. The said state commissioner shall be ex-officio a member of all county boards of horticulture existing or that may be created or exist in this state pursuant to law, whenever he is present and acting with said county board within the county where such county board exists, but when he is not so present in such a county, acting witli such county brard, then the said county board shall have all the power and authority conferred on it by law, and may exercise such power by the action of the members of such county board or a majority thereof. The reports which county boards of horticulture are required by law to make, or which they may desire to make, shall, after the passage of this act, be made to the state commissioner of horticulture. Sec. 9. It s^all be the duty of the superintendent of state printing to print and deliver to the state commis- sioner of horticulture, upon the written request of said commissioner, all such bulletins, orders, rules, regulations, statements, reports, and other printed matter, as the said commissioner may deem necessary to have and use for carrying out the purposes of this act, and it shall be the duty of the secretary of state to cause to be prepared and furnished lo such state commissioner all stationery, paper, blank forms, envelopes, and writing material need- ful and convenient for use in the office of such commis- sioner. Sec. 10. It shall be the duty of said state commissioner to report in the month of January in each even-numbered year to the governor, and in each odd-numbered year to the legislature of this state, such matters as he may deem expedient or as may be required either by the governor or legislature, and to include a statement of all the per- sons employed, and of moneys expended under this act, by itemized statement thereof. Sec. 11. Any person willfully refusing to comply with orders lawfully made under and pursuant to this act shall be guilty of a misdemeanor, and upon conviction shall be fined not to exceed five hundred dollars. HORTICULTURE. 471 Sec. 12. All monej's paid under this act shall be paid by the state treasurer from mouej's appropriated for the support of the state commissioner of horticulture, and expenses other than the salary of the commissioner, the compensation of his clerk and deputy commissioner, as al- lowed and provided by this act, must be certified by the said commissioner and be approved by the state board of examiners before being audited or paid. Any moneys re- maining of any appropriation heretofore made or that may be appropriated for the use or support of the state board of horticulture arc hereby appropriated to the sup- port of the state commission of horticulture, and are directed to be applied to the payment of claims and ex- penses under this act. Sec. IS. The sum of four thousand dollars Is hereby appropriated for the use and support and to pay the ex- penses of the state commission of horticulture for the fis- cal years commencing July first, nineteen hundred and three, and July first, nineteen hundred and four, under this act. Sec. 14. Chapter sixty-three of the laws of eighteen hundred and eighty-three, chapter seven of the laws of eighteen hundred and eighty-five, chapter eighty-.=;ix of the laws of eighteen hundred and eighty-nine, and chapter one hundred and ninety-four of the laws of eighteen hun- dred and ninety-one. are hereby repealed. Sec. 15. This act shall take effect immediately. ACT 1511. To protect and promote the horticultural interests of the state. [Stats. 1881, p. SO.] Amended 18R9, 413; 1S91, 268. Repealed 1S97, 21 1. Cal.Rop.Cit. 133, 325. ACT 151.".. An act to promote the horticultural interests of the state by providing county boards of horticulture, and re- pealing the act entitled "An act to protect and pro- mote the horticultural interests of the state," approved March 14, ISSl, and certain acts amendatory thereof, approved March 19, 1889, and March 31, 1891. [Approved March 31. 1897. Stats. 1897. p. 244.] The people of the state of California, represented in senate and assembly, do enact as follows: 472 HORTICULTURE. Section 1. Whenever a petition is presented to the board of supervisors of any county, and signed by twenty-five or more persons, each of whom is a resident freeholder and possessor of an orchard, stating that certain or all or- chards, or nurseries, or trees of any variety are infested with scale insects of any kind, injurious to fruit, fruit- trees, and vines, codlin moth, or other insects that are destructive to trees, and praying that a commission be ap- pointed by them, whose dutj'' it shall be to supervise the destruction of said scale insects, as herein provided, the board of supervisors shall, within twenty days thereafter, appoint a board of horticultural commissioners, consist- ing of three members, who shall be qualified for the duties of horticultural commissioner. Upon the petition of twenty- five resident freeholders and possessors of an orchard, the beard of supervisors may remove any of said com- missioners for cause, after a hearing of the petition. Sec. 2. It shall be the duty of the county board of hor- ticultural commissioners in each county, whenever it shall deem it necessary, to cause an inspection to be made of any orchards, or nursery, or trees, plants, vegetables, vines, or fruits, or any fruit packing-house, storeroom, salesroom, or any other place or articles in their jurisdiction, and if found infested with scale insects, or codlin moth, or other pests injurious to fruit, plants, vegetables, trees, or vines, or with their eggs, or larvag, they shall notify the owner or owners, or person or persons in charge, or in possession of the said places or orchards, or nurseries, or trees, or plants, vegetables, vines, or fruit, or article as aforesaid that the same are infested with said insects, or other pests, or any of them, or their eggs or larvse, and they shall require such person or persons, to eradicate or destroy the said insects, or other pests, or their eggs or larvae within a certain time to be specified. Said notices may be served upon the person or persons, or either of them owning or having charge, or having possession of such infested place, or orchard, or nursery, or trees, plants, vegetables, vines, or fruit, or articles, as aforesaid, by any commissioner, or by any person deputed by the said commissioners for that purpose, or they may be served in the same manner as a summons in a civil action. Any and all such places, or orchards, or nurseries, or trees, plants, shrubs, vegetables. HORTICULTURE. 473 vines, fruit, or articles thus infested, are hereby adjudged and declared to be a public nuisance; and whenever any- such nuisance shall exist at any place within their juris- diction, or on the property of any non-resident, or on any property the owner or owners of which cannot be found by the county board of horticultural commissioners, after diligent search, within the county, or on the property of any owner or owners upon which notice aforesaid has been served, and who shall refuse or neglect to abate the same within the time specified, it shall be the duty of the county board of horticultural commissioners to cause said nuisance to be at once abated, by eradicating or destroying said insects, or other pests, or their eggs, or larva;. The expense thereof shall be a county charge, and the board of supervisors shall allow and pay the same out of the general fund of the county. Any and all sum or sums so paid shall be and become a lien on the prop- erty and premises from which said nuisance has been re- moved or abated, in pursuance of this act, and may be re- covered by an action against such property and premises. A notice of such lien shall be filed and recorded in the ofiice of the county recorder of the county in which the said property and premises are situated, within thirty days after the right to the said lien has accrued. An action to foreclose such lien shall be commenced within ninety days after the filing and recording of said notice of lien, which action shall be brought in the proper court by the district attorney of the county in the name and for the benefit of the county making such payment or payments, and when the property is sold enough of the proceeds shall be paid into the county treasury of such county to satisfy the lien and costs; and the overplus, if any there be, shall be paid to the owner of the property if he be known, and if not, into the court for his use when ascer- tained. The county board of horticultural commissioners is hereby vested with the power to cause any and all such nuisances to be at once abated in a summary manner. Sec. 3. Said county boards of horticultural commission- ers shall have power to divide the' county into districts, and to appoint a local inspector, to hold office at the pleas- ure of the commissioners, for each of said districts. The state board of horticulture may issue commissions as quar- 474 HORTICULTURE. antine guardians to the members of said coimty board of horticultural commissioners, and to the local inspectors thereof. The said quarantine guardians, local inspectors, or members of said county boards of horticultural com- missioners, shall have full authority to enter into any or- chard, nursery, place or places where trees or plants are kept and offered for sale or otherwise, or any house, store- room, salesroom, depot, or any other such place in their jui'isdiction to inspect the same, or any part thereof. Sec. 4. It shall be the duty of said county board of hor- ticultural commissioners to keep a record of their official doings, and to make a report to the state board of horticul- ture, on or before the first day of October of each year, of the condition of the fruit interests in their several dis- tricts, what is being done to eradicate insect pests, also as to disinfecting, and as to quarantine against insect pests and diseases, and as to carrying out all laws relative to the greatest good of the fruit interest. Said board may publish said reports in bulletin form, or may incorporate so much of the same in their annual reports as may be of general interest. Sec. 5. The salary of all inspectors working under the county board of horticultural commissioners shall be two dollars and fifty cents ($2.50) per day. In the case of the commissioners themselves, their compensation shall be four dollars per day, when actually engaged in the performance of their duties, and itemized necessary travel- ing expenses incurred in the discharge of their regular duties as prescribed in this act. Sec. 6. It shall be the duty of the county board of hor- ticultural commissioners to keep a record of their official doings and make a monthly report to the board of super- visors; and the board of supervisors may withhold war- rants for salaries of said members and inspectors thereof until such time as said report is made. Sec. 7. An act entitled "An act to protect and pro- mote the horticultural interests of the state," approved March fourteenth, eighteen hundred and eighty-one, and cer- tain acts amendatory thereof, approved March nineteenth, eighteen hundred and eighty-nine, and March thirty-first, eighteen hundred and ninety-one, are hereby repealed. Sec. 8. This act shall take effect and be in force from and after its passage. HOSPITALS. ' 475 ACT 151G. To prevent the spreading of fruit and fruit-tree pests and diseases, and to provide for their extirpation. [Ap- proved March 9, 1885. Stats. 1885, 40.] Superseded 1899, 91. ACT 1517. For the protection of horticulture, and to prevent the introduction into this state of insects, or diseases or animals injurious to fruit or fruit-trees, vines, bushes, or vegetables, and to provide for a quarantine for the enforcement of this act. [Stats. 1S99, p. 91.] Amended 1903, 32. TITLE 210. ACT 1523. HOSPITALS. Conferring power upon the governing body of municipal corporations of the first class to provide for the erec- tion of a municipal hospital, and to levy a tax therefor. [Approved February 16, 1897. Stats. 1897, p. 9.] ACT l.-iSS. An act to provide for the licensing and inspecting of ma- ternity hospitals, lying-in asylums and homes for chil- dren; defining the duties of persons conducting the same; and the duties and powers of the county boards of health or county health officers and other health offi- cers in relation thereto, and providing a penalty for the violation of its provisions. [Approved March 20, 1903. Stats. 1903, p. 317.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Any person who, without first having ob- tained a license in writing so to do from the county board of health or county health officers, as hereinafter provided, manages, conducts, establishes or maintains within any county or city and county in this state any maternity hos- pital or lying-in asylum where females may be received, cared for or treated during pregnancy, or during or after delivery; or manages, conducts, establishes or maintains within any county or city and county in this state any in- stitution, boarding-house, home or other place for the 476 HOSPITALS. reception or care of children, or keeps, at any such place, any child under the age of twelve years, not his relative, apprentice, or ward, without legal commitment; or ne- glects, refuses or omits to comply with the provisions of this act, or who violates the provisions of such act, is guilty of a misdemeanor. Sec. 2. For such places within the limits of their respective territorial jurisdictions, the countj' board of health in all counties or city and county governments, hav- ing a county board of health, and in all other coimties or city and county governments, the county health officer shall have power to issue licenses, and every such license must specify the name and residence of the person so under- taking the care of such females or children; and the location within the county or city and county of the place where the same are kept and the number of females or children thereby allowed to be received, boarded or kept therein, and shall be revocable for cause by the said county beard of health or county health officer, as the case may be, in any case where the provisions of this act are violated, or in any case where, in the opinion of such county board of health or such county health officer, such hospital, asylum, institution, home, boarding-house or other place is being managed, conducted or maintained without proper regard for the health, comfort or morality of the inmates thereof, or without due regard or proper sanitation or hygiene. Sec. 3. Every person so licensed must keep a register, wherein he shall enter the names and addresses of all such females, the names and ages of all such children, and of all children born on the premises, and the names and residences of their parents, so far as is known, and the time of the reception and discharge of such children and the reasons therefor, and also the name and age of every child who is given out, adopted, taken away, or indentured from such place, to or by any person, together with the name and residence of the person so adopting, taking away or indenturing such child; and within forty-eight hours after such child is so given out. taken away or indentured, shall cause a correct copy of the register relating to such child to be sent to the county board of health or county health officer, as the case may be. Sec. 4. It shall be lawful for the officers and repre- HOTELS— HOURS OF LABOR. 477 sentatives of such county board of health, or for such county health officers and their representatives, and for all health officers, at all reasonable times, to enter and inspect the premises wherein such females and children are so boarded, received or kept, and to call for and inspect the license and the register and to also to see and visit such children and females. TITLE 211. HOTELS. ACT 1528. An act to regulate the use of illuminating gas. [Approved March 20, 1903. Stats. 1903, 289.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Every hotel-keeper, lodging-house keeper, and inn-keeper, or keeper of any place where rooms are let to lodgers in which, or any of which such places il- luminating gas is used, who shall turn off, or cause to be turned off at the meter the flow of such illuminating gas, during the time of the use of any such room or rooms, shall be guilty of a misdemeanor; provided, however, that this act shall not apply to any of the persons herein enum- erated, when such person or persons shall have connected overy exit orifice upon the gas fixtures used in such place or places with a practical and safe automatic gas igniter. Sec. 2. This act shall take efiect and be in force imme- diately from and after its passage. TITLE 212. HOURS OF LABOR. Ot minors, see title Infancy, post. ACT 1533. To limit the hours of labor. [Stats. 1867-8. 63.] Superseded by Political Code, sees. 3244, 3245, and Penal Code, sec. C51. ACT 1534. Limiting the hours of daily services of laborers, work- men, and mechanics employed upon the public works of or work done for the state of California, or any 478 HOURS OF LAEOa. political subdivision thereof, providing for the inser- tion of certain stipulations in contracts for public works, imposing penalties for violations of the pro- visions of this act, and providing for the enforcement thereof. [Stats. 1899, 149.] Superseded by the following act : — ACT 1535. An act limiting the hours of daily service of laborers, workmen, and mechanics employed upon the public works of, or work done for, the state of California, or any political subdivision thereof; providing for the insertion of certain stipulations in contracts for public works; imposing penalties for violations of the provis- ions of this act, and providing for enforcement thereof. [Approved March 23, 1901. Stats. 1901, 561.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The time of service of all laborers, work- men, and mechanics employed upon anj' public works of, or work done for, the state of California, or for any political subdivision thereof, whether said work is done by contract or otherwise, is hereby limited and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the state, or of any political subdivision thereof, or for any person, corporation, or association acting in behalf thereof, whose duty it shall be to employ, or to direct and control the services of such said laborers, work- men, or mechanics upon any of the above said public works, or who have, in fact, the employment, or the direction and control of the services of such said laborers, workmen, or mechanics upon any of said works, to require or permit them, or any of them, to labor thereupon more than eight hours in any one calendar day, except in cases of extraor- dinary emergency caused by fire, flood, or danger to life, property, or except to work upon public, military, or naval works or defenses in time of war. Sec. 2. In every case in which a contract is made for or on behalf of the state of California, or for or on behalf of any political subdivision thereof, which involves the em- ployment of laborers, workmen, or mechanics to do work to be done upon the public works of, or work to be done for the said state, or for the said political subdivision HOUKS OF LABOR. 479 thereof, under the terms of said contract, the officer, board, commission, or other agent or agency of the said state, or of the said political subdivision, acting for or on be- half of said state, or of said political subdivision, as the case may be, in making and awarding the said contract, shall cause to be inserted therein, and to be agreed to by every person, firm, or corporation to whom said contract or any interest therein is awarded, as a condition upon which such award is made and accepted, a stipulation, namely: That no laborer, workman, or mechanic employed at any time by the said contractor or contractors, or by any sub-contractor or sub-contractors under him or under them, upon the work, or upon any part of the work contemplated by the said contract, shall be required or permitted to work thereupon more than eight hours in any one calendar day, except in cases of extraordinary emer- gency caused by fire, flood, or danger to life or property, or except to work upon public, military, or naval works or defenses in time of war; that the said contractor or con- tractors thereby agrees or agree to forfeit, out of any moneys becoming due to him or to them from the state, or from the political subdivision thereof, as the case may be, under the terms of the said contract, the sum of ten dollars for each laborer, workman, or mechanic, for each and every calendar day upon which he shall labor more than eight hours in violation of the terms of the said stipulation, and that the state, or the political subdivision thereof, as the case may be, is thereby authorized and di- rected to, through its proper representatives, withhold from the said contractor, or from the said contractors, as the property of the state, or of the political subdivision thereof, as the case may be, all sums forfeited as described under the terms of the said stipulation. It shall be the duty of the officer, board, commission, or other agent or agency of the said state, or of the said political subdivision thereof, as the case may be, acting for or on behalf of said state, or of said political subdivision, in making and award- ing any contract such as is described in this section, to take cognizance of all violation of the herein provided for stipulation in said contract, and to report the same to the officer, or other person, representing the said state, or political subdivision thereof, whose duty it shall be to pay the moneys due under such contract, and it shall be the 480 HOLERS OF LABOR. duty of such officer, or other person, when making payment of moneys thus due, to withhold and retain, in accordance with the provisions of this section, all sums which may have been forfeited under the provisions of the herein provided for stipulation. Nothing in this act shall be con- strued to authorize the collection of a forfeiture as de- scribed herein, from the state, or from any political sub- division thereof. Any contract such as is described in this section, made for or on behalf of the state of California, or for or on behalf of any political subdivision thereof, which does not contain the stipulation herein described, shall be null and void, and no recovery shall be had there- upon. Sec. 3. Any officer of the state of California, or any political subdivision thereof, or any person acting for or on behalf thereof, who shall violate the provisions of this act, shall be deemed guilty of a misdemeanor, and be subject to a fine or imprisonment, or both, at the discre- tion of the court, the fine not to exceed five hundred dol- lars, nor the imprisonment one year. Sec. 4. All acts and parts of acts inconsistent with this act, in so far as they are inconsistent, are hereby re- pealed. Sec. 5. This act shall take effect and be in force from and after its passage. This act was probably superseded in part, if not entirely, by the following act : — ACT 1536. An act limiting the hours of service of laborers, workmen, and mechanics employed upon the public works of, or work done for, the state of California, or of, or for any political subdivision thereof; imposing penalties for violation of the provisions of said act, and providing for the enforcement thereof. [Approved March 10, 190.3. Stats. 1903, p. 119.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The time of service of any laborer, workman, or mechanic employed upon any of the public works of the state of California, or of any political subdivision thereof, or upon work done for said state, or any political subdi- vision thereof, is hereby limited and restricted to eight HOURS OF LABOR. 481 hours during any one calendar day; and it shall be unlawful for any officer or agent of said state, or of any political subdivision thereof, or for any contractor or sub-contractor doing work under contract upon any public works afore- said, who employs, or w^ho directs or controls, the work of any laborer, workman, or mechanic, employed as herein aforesaid, to require or permit such laborer, workman, or mechanic, to labor more than eight hours during any one calendar day, except in cases of extraordinary emer- gencj'-, caused by fire, flood, or danger to life or property, or except to work upon public nlilitary or naval defenses or works in time of war. Sec. 2. Any officer or agent of the state of California, or of any political subdivision thereof, making or awarding, as such officer or agent, any contract, the execution of which involves or may involve the employment of any laborer, workman, or mechanic upon any of the public works, or upon any work, hereinbefore mentioned, shall cause to be inserted therein a stipulation which shall pro- vide that the contractor to whom said contract is awarded shall forfeit, as a penalty, to the state or political sub- division in whose behalf the contract is made and awarded, ten (10) dollars for each laborer, workman, or mechanic employed, in the execution of said contract, by him, or by any sub-constractor under him, upon any of the public works, or upon any work, hereinbefore mentioned, for each calendar day during which such laborer, v/orkman. or mechanic is required or permitted to labor more than eight hours in violation of the provisions of this act; and it shall be the duty of such officer or agent to take cogni- zance of all violations of the provisions of said act com- mitted in the course of the execution of said contract, and to report the same to the representative of the state or political subdivision, party to the contract, authorized to pay to said contractor moneys becoming due to him under the said contract, and said representative, when making payments of moneys thus due, shall withhold and retain therefrom all sums and amounts which shall have been forfeited pursuant to the herein said stipulation. Sec. 3. Any officer, agent, or representative of the state of California, or of any political subdivision thereof, who shall violate any of the provisions of this act, shall be deemed guilty of misdemeanor, and shall upon conviction Gen. Laws— 21 482 HOUSE OP CORRECTION— HDMBOLDT BAY. be punished by fine not exceeding five hundred (500) dollars, or by imprisonment, not exceeding six (6) months, or by both such fine and imprisonment, in the discretion of the court. Sec. 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Sec. 5. This act shall take effect and be in force from and after the date of its passage TITLE 213. ACT 1540. HOUSE OF CORRECTION, To provide for commitments to the house of correction. [Stats. 1885, p. 34.] Superseded 1889, 111, chap. CVIII ; 1889, 100, chap. CIII. Cal.Rep.Cit. 87, 83. TITLE 214. ACT 1545. HOUSES OF PROSTITUTION. To suppress houses of ill-fame. [Stats. 1855, p. 76.] Superseded by Penal Code, sees. 315, 316. TITLE 215. HUMBOT.DT BAY. To prevent persons from obstructing the channels of Hum- boldt Bay and Harbor. [Stats. 1853, p. 192.] Superseded by Political Code, sees. 2567-2572, relating to harbor commissicners of Eureka. ACT 1551. To grant to the United States certain tide-lands belonging to the state of Calif crnia, for the purpose cf improving the harbor of Humboldt Bay. [Approved March 9, 1887. Stats. 1887, p. 59.] ACT 1552. To grant to the United States certain tide-lands belonging to the state of California, for the purpose of improving the harbor of Humboldt Bay. [Approved March 15, 1889. Stats. 1889, p. 201.] ACT 1553. Authorizing the governor and attorney-general to purchase for the state certain lands in Humboldt Bay. [Stats. 1899, p. 166.] HUMBOLDT COUNTY. 483 TITLE 216. ACT 1558. HUMBOLDT COUNTY. Clerk of, compensation of. [Stats. 1875-6, p. 81.] Repealed by County Government Act, 1897, 518, sec. 168. ACT 1559. District attorney of, salary of. [Stats. 1875-6, p. 34.] Superseded by County Government Act, 1897, 518, sec. 168. ACT 1560. Dependent poor and indigent sick of, relief and main- tenance of. [Stats. 1875-6, p. 41.] Supplemented 1875-6, 488. Superseded by County Government Act, 1897, 452. ACT 1561. To provide an additional judge for. [Stats. 1895, p. 27.] ACT 1562. Jurors in courts of justice of the peace in. [Stats. 1873-4, p. 229.] As to jurors' fees, repealed 1895, 273. ACT 1563. Proviaing for the scaling of logs in. [Stats. 1877-8, p. 779.] ACT 15G4. Additional notaries public. [Stats. 1871-2, p. 159.] Superseded by Political Code, sec. 791. This act provided for the appointment of three additional notaries. ACT 1565. Fixing compensation of certain officers of. [Stats. 1873-4, p. 109.] Repealed by County Government Act, 1897, 518, sec. 168. ACT 1566. Concerning roads of. [Stats. 1871-2, p. 105.] Amended 1873-4, 103. Modified, if not superseded, by County Government Act, 1897, 452, and by sec. 2, Stats. 1883, p. 5, chap. X. ACT 1567. Roads in. [Stats. 1875-6, p. 477.] Repealed 1883, 5, chap. X, sec. 2. ACT 1568. Sheriff, concerning office of. [Stats. 1871-2, p. 797.] Repealed by County Government Act, 1897, 518, sec. 168. This act allowed the sheriff compensation for his services as jailer. 484 HUNTING ON PRIVATE GROUNDS— HUSBAND AND WIFE. ACT 1569. Supervisors, fixing number of. [Stats. 187.5-6, p. 333.] Repealed by the County Government Act, 1S97, 452. ACT 1570. To provide for the disposal of lots in the towns and vil- lages on the public lands in the county of Humboldt. [Stats. 1855, p. 168.] This act was passed to carry out the provisions of the federal statutes for the benefit of the occupants of such towns. ACT 1571. Fixing compensation of treasurer and assessor. [Stats. 1871-2, p. 169.] Superseded and in effect repealed by County Government Act, 1897, 518, sec. 168, as amended 19ul, 721. ACT 1572. To declare certain streams and sloughs in Humboldt County navigable. [Stats. 1860, p. 159.] Incorporated in Political Code, sec. 2349. TITLE 217. HUNTING ON PRIVATE GROUNDS. ACT 1577. To prevent hunting and shooting on private inclosed grounds, and the destruction of growing timber on private grounds in certain counties in this state. [Stats. 1871-2, p. 304.] This act applied to Alameda, San Mateo, Marin, San Bernardino, San Diego, Colusa, Sacramento, Sonoma, Nevada, Humboldt, Los Angeles, Santa Barbara, Contra Costa, and San Luis Obispo counties. It was amended in 1873-4, 792, so as to make it apply to Alameda, San Mateo, Marin, San Bernardino, San Diego, Colusa, Sacramento, Sonoma, Nevada, Humboldt, Los Angeles, Santa Barbara, Contra Costa, San Luis Obispo, and Mendocino counties. TITLE 218. ACT 1582. HUSBAND AND WIFE. Defining the rights of husband and wife. [Stats. 1S50, p. 254.] Amended 1853, 165 ; 1857, 199 ; 1858, 22 ; 1861, 310 ; 1862. 518 : 1863-4, 363. Superseded by provisions of Civil Code. Cal.Rep.Cit. 5,256; 7,270; 7,272; 7,273; 47, 37: 49,190; 50,105; 87.647; 97,192; 98, 468 ; 106, 613 ; 106, 614; 121, 133; 121, 135. IMMIGRATION— INDEX. 485 TITLE 219. *r^rr t-c- IMMIGRATION. Concerning passengers arriving in the ports of the state of California. [Stats. 1852, p. 78.] Amended 1853, 71; ISGO, 32, 58; 1862, 486; 1863, 150. Cal.Rep.Cit. 42, 581. This act prescribed the duties of masters of vessels in relation to passengers arriving. It was superseded by Political Code, sees. 2949-2969. ACT 1588. To discourage the immigration to this state of persons who cannot become citizens. [Stats. 1855, p. 194.] This act imposed a fine of fifty dollars on every immigrant incompetent to become a citizen. It was declared unconstitutional in People V. Downer, 7 Cal. 169. TITLE 220. ACT 1593. INCLOSURES. Preventing persons passing tlirough inclosures and leav- ing them open by tearing down fences or otherwise, and to prevent hunting upon inclosed lands. [Stats. 1875-6, p. 408.] This act also punished the offenses of wounding the animals of another and of leaving fires. It provided that certain of its provisions should not apply to the counties of Los Angeles, San Diego, Sutter, San Benito, Del Norte, El Dorado, Colusa, Yuba, Humboldt, Amador, Tuolumne, San Luis Obispo, Plumas, Lassen, Siskiyou, Modoc, Shasta, Trinity, Sierra, and Placer. It v.-aa amended 1877-8, 49, 776, so as to exempt from certain of its provisions the counties of Los Angeles, Sau Diego, Sutter, Del Norte, El Dorado, Colusa, Yuba, Humboldt, Amador, Tuolumne, San Luis Obispo, Plumas, Lassen, Siskiyou, Modoc, Shasta, Trinity, Sierra, Placer, San Benito, and Santa Cruz. TITLE 221. ACT 1598. INDEX. Authorizing the superintendent of state printing to have prepared and printed an index to all the laws of Cali- fornia, 1850-1893. [Stats. 1893, p. 150.] 486 INDIANS— INFANTS. TITLE 222. ACT 1603. INDIANS. For the government and protection of Indians. [Stats. 1850, p. 408.] Amended 1855, 179; 1860, 196; 1863, 743, 755. Some provisions of this act were repealed by later inconsistent statutes. (People v. Antonio, 27 Cal. 404.) Otlier provisions were undoubtedly repealed by the codes. It is probably not in force in any particular. In the absence of direct legislation, it is deemed advisable to call attention to it. ACT 1604. To prevent the sale of firearms and ammunition to Indians. [Stats. 1854, p. 24.] Superseded by Penal Code, sec. 398. ACT 1605. Granting to United States all lands within Indian reser- vations. [Stats. 18G2, p. 552.] ACT 1606. To aid officers in the Indian department, appointed by the general government for the state of California, in the discharge of their duties. [Stats. 1856, p. 223.] Amended 1857. 186. "The above-named statute is mentioned by the code commission- ers at section 1346 without anything to indicate that they suppose it to be repealed by any of the codes. If, however, as is indicated by the note to section 6 of the Penal Code, that section was intended to enumerate every act or omission made punishable, then this statute must have been substantially, if not absolutely, repealed by that code." — Code Commissioners' note, 1903.- ACT 1607. To provide for the auditing and examination of claims against the state of soldiers who served in the Indian wars in California. [Stats. 1897, p. 250.] TITLE 223. ACT 1612. INFANTS. To prevent sale of intoxicating drinks to. [Stats. 1871-2, p. 231.] Superseded 1891, 91. ACT 1613. To prevent the sale of intoxicating liquors to. [Stats. 1891, p. 91.] Superseded by act of 1903, 319. INFANTS. 487 ACT 1G14. To prevent the selling, giving or delivering intoxicating liquors to minor children, and to prevent minor chil- dren visiting saloons or public houses where intoxicat- ing liquors are sold. [Approved March 20, 1903. Stats. 1903, p. 319.] This act appears in full in the Appendix to the Penal Code, p. 620. ACT 1615. To protect female children under the age of seventeen. [Stats. 1860, p. 86.] This act prohibited the exhibition of female children under seventeen in any public place. Superseded by Penal Code. ACT 1616. For the protection of children, and to prevent and punish certain vv^rongs to children. [Stats. 1877-8, p. 812.] This act prevented minors under sixteen from entering saloons and prevented any one from using children for purposes of beggary. It appears in full in the Appendix to the Penal Code, p. 617. ACT 1617. Relating to children. [Stats. 1877-8, p. 813.] This act prevented the selling or apprenticing of children for immoral purposes. It appears in full in the Appendix to the Penal Code, p. 614. ACT 1618. For the incorporation of societies for the prevention of cruelty to children. [Approved April 3, 1876. Stats. 1875-6, p. 830.] This act can be found in the Appendix to the Penal Code, p. 612. ACT 1619. To regulate the hours of labor and employment of minors. [Stats. 18S9, p. 4.] This act appears in full in Civil Code, Appendix, p. 721. ACT 1620. To regulate the employment, hours of labor, etc., of chil- dren. [Stats. 1901, p. 631.] This act appears in full in Civil Code, Appendix, p. 722. ACT 1621. Relating to the care and custody of minor children in cer- tain cases. [Stats. 1809-70, p. 328.] Superseded by Civil Code, sees. 108, 199. 488 INSANE. ACT 1622. Orphan and abandoned children, care of. [Stats. 1873-4, p. 297.] Amended 1877-8, 82. This act provided for the puhlication of notices of children admitted, and inflicted a penalty for abandonment of children. TITLE 224. ACT 1627. INSANE. To provide an additional asylum for chronic insane. [Stats. 1885, p. 35.] Amended 1889, 130. Superseded by the Lunacy Commission Act, 1897, 311. This act created the asylum at Agnews. ACT 1628. To provide for the erection of water towers and tanks on the grounds of the Agnews state hospital. [Stats. 1901, p. 806.] ACT 1629. To establish a branch insane asylum for the insane of the state of California at Ukiah, to be known as the Mendocino state insane asylum, and appropriating money therefor. [Stats. 1889, p. 25.] Superseded by the Lunacy Commission Act, 1897, 311. ACT 1630. To change the name of the Mendocino state asylum for the insane to Mendocino asylum. [Stats. 1893, p. 7o.] ACT 1C31. To provide for the future management of Napa state asylum for the insane. [Stats. 1875-6, p. 133.] Amended 1883. 281; 1887, 177; 1889, 351. Repealed by the Lunacy Commission Act, 1897, 311. ACT 1632. Napa state asylum for the insane, prohibiting sale of in- toxicating liquors within certain distance of. [Stats. 1873-4, p. 27.] Superseded by Penal Code, sec. 172. ACT 1633. Napa state asylum, supply of water for. [Stats. 1875-6, p. G83.] INSANE. 489 ACT 1634. To provide for the erection and management of a state tiospital for the insane, to be located in southern Cali- fornia. [Stats. 1889, p. 120.] Amended 1891, 481 ; 1895, 207. Superseded by the Lunacy Commission Act, 1897, 311. ACT 1635. Appropriation for supplying water, light, and fuel for the state insane asylum at Stockton, [Stats. 1889, p. 106.] Repealed 1889, 225. ACT 1636. To authorize the board of managers of the Southern Cali- fornia state hospital to sell a strip of land. [Stats. 1901, p. 563.] ACT 1637. Authorizing the trustees of the Southern California state asylum to convey certain water rights. [Stats. 1895, p. 232.] ACT 1638. Insane, providing further accommodation for. [Stats. 1871-2, p. 673.] Superseded as to government of the institution by 1897, 311, chap. CCXXVII. ACT 1639. To prevent the overcrowding of asylums for the insane. [Stats. 1885, p. 35.] Superseded by the Lunacy Commission Act, 1897, 311. ACT 1640. In relation to the superintendent of the state insane asy- lum. [Stats. 1871-2, p. 845.] Repealed 1877-8, 767. This act required the superintendent to attend the annual meet- ings of the Superintendents of American Institutions for the Insane. See the act of 1877-8, 767. ACT 1641. To provide for the future management of the state asylums for the insane. [Stats. 1885, p. 32.] "Modified, if not repealed, by 1889, 329, chap CCXX, and both modified, if not repealed, by the Lunacy Commission Act, 1897, 311." — Code Commissioners' note. 490 INSANE. ACT 1642. To provide for the maintenance, support, and discharge in certain cases of insane persons confined in tne state asj'lum for the insane, and for the control and man- agement of a resulting contingent fund. [Stats. 18S9, p. 329.] Probably superseded by the Lunacy Commission Act, 1897, 311. This act provided for an inquiry into the ability of inmates to support themselves, and for the payment for their support by inmates found capable. ACT 1643. To establish a state lunacy commission, to provide a uni- form government and management of the state hos- pitals for the insane, and to provide for the care, custody, and apprehension of persons believed to be insane, and the commitment of insane persons, and providing for the transfer of unexpended appropria- tions of moneys and properties. [Stats. 1897, p. 311.] Amended 1S99, 160. Sec. 19 repealed 1900, 22. Unconstitu- tional as to method of commitment, f Matter of Lambert, 134 Cal. 626.) Probably superseded by sees. 2136-2199, Pol. Code, as adopted in 1903, establishing a state commission in lunacy, etc. ACT 1644. An act to provide for restoration to capacity of persons adjudged to be insane, who have no guardians and who are not confined at state hospitals for the insane. [Approved March 23, 1901. Stats. 1901, p. 639.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever any person duly adjudged to be insane has been duly committed to a state hospital for the insane under the provisions of any law of this state, and for whom no guardian has been appointed, and who is absent from the hospital to which he was committed or transferred imder the order of commitment, on parole or leave of absence granted by the medical superintendent thereof, or who has been discharged therefrom as im- proved by said superintendent as provided by subdivision two, section fourteen, article three, of the insanity law of California, approved March thirty-first, eighteen hun- dred and ninety-seven, is desirous of being declared sane and restored to legal capacity, said insane person or a relative or friend on his behalf may make application in INSANE. 491 writing to said medical superintendent to be declared sane. On receiving such application, said medical super- intendent may make such examination of such person and require such proof as he may reasonably deem necessary to determine whether or not such person is sane. For the purpose of making such examination said superintendent may also require said person to present himself at the hospital for examination. If on making such examination and receiving such proofs as he deems reasonably neces- sary said medical superintendent shall be satisfied that said person is sane and has recovered his reason, said medical superintendent shall issue to said person his cer- tificate that such person is sane, and recovered and re- tored to reason. A copy thereof, duly certified, shall be immediately forwarded to the state commission in lunacy, who shall file the same in their office. A copy thereof shall also be filed at said hospital and a proper record made thereof. Sec. 2. If said medical superintendent is unwilling or refuses, however, to issue a certificate of recovery upon application as in section one provided, he shall so certify in writing, giving his reasons therefor, and said insane person or a relative or friend in his behalf may make application, by petition duly verified, to a judge of the superior court of the county where such insane person resides to be declared sane. Notice of the hearing of said application shall be given in the manner directed by a judge of said court, to said medical superintendent, and to such relative or relatives of such insane person re- siding in the county as the judge may direct, who may have opportunity to appear and be heard on the hearing of said application. Such hearing shall be conducted as are civil cases, and on demand of the petitioner the ques- tion of the insanity of such person may be tried by a jury, as in civil cases. If on the hearing of said application the court is satisfied from the proofs produced or if a jury trial is had, and the jury shall render a verdict that such person is sane, the court shall by order adjudge such person to be sane. Said order shall be filed and recorded in the office of the county clerk and certified copies thereof shall be sent by said clerk and filed with the state commission in lunacy and also with the superintend- ent of the hospital from ^i hich said insane person was 492 INSANE. paroled, granted leave of absence, or discbarged as im- proved. If said matter is tried by a jury the cause against said insane person shall be represented by the district attorney of the county. From a decision of the court or verdict of the jury finding the said person insane an appeal may be taken as in civil cases. If three fourths of the jury fail to declare said person sane, or the court or the jury shall find such person to be insane, said proceeding shall be dismissed and no new application to declare such person sane shall be made for sis months thereafter. Sec. 3. Whenever any person who has been adjudged to be insane, who has not been committed to a state hospital for the insane, and who has no guardian, and who is desirous of being declared sane and restored to legal capacity, said insane person or a relative or friend on his behalf may, by petition duly verified, make appli- cation to a judge of the superior court where he resides to be declared sane; said judge shall fix a time for the hearing of said application, and he may, by order, direct that notice of said hearing be given in the manner and to such relative or relatives of said person residing in the county where such application is made, as the judge may direct, who shall have opportunity to appear and be heard at said hearing. Such hearing shall be conducted as are civil cases, and on demand by the petitioner may be tried before a jury as are civil cases. If on said hear- ing the tiecision of the court or the verdict of the jury is that such person is insane, an appeal may be taken to the supreme court as in civil cases. If the court shall decide or the jury shall render a verdict declaring said person to be sane, the court shall make an order declaring said person to be sane. If three fourths of the jury fail to unite in a verdict, or the court or jury shall decide that such person is insane, such proceeding shall be dismissed, and no new application to have such person declared sane shall be made for six months thereafter. Sec. 4. Before any order is made or any proceedings are taken for a trial by jury, the person, demanding the same shall make a deposit, or give a bond, to be ap- proved by a judge of the superior court where proceedings are had, for the payment of all costs of such trial, unless, in the opinion of said judge, the insane person in whose behalf said trial is demanded is a poor or indigent person. INSECTS— INSURANCE. 493 Sec. 5. The certificate of recovery by the medical superintendent, the order of the judge or the verdict of a jury and the order of the judge as in this act provided, shall have the same legal effect as a discharge as recov- ered made under the provisions of subdivision one of section fourteen, article three of the insanity law of eighteen hundred and ninety-seven, and shall be prima facie evidence of the sanity of such person. Sec. 6. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 7. This act shall take effect Immediately. TITLE 225. INSECTS. See Horticulture. ACT 1649. To prevent the spreading of fruit and fruit-tree pests. [Stats. 1885, p. 40.] Superseded 1899, 91, chap. LXXVI. TITLE 226. ACT 1654. INSOLVENCY. For the relief of insolvent debtors, for the protection of creditors, and for the punishment of fraudulent debt- ors. [Stats. 1895, p. 131.] Amended 1897, 35. Superseded by the federal law on the subject. TITLE 227. ACT 1650. - INSURANCE. To provide for the formation of mutual insurance com- panies. [Stats. 1851, p. 523.] See note to act 632, ante. ACT 1660. Supplementary to the act concerning corporations. [Stats. 1865-6, p. 23.] "Repealed, except as to corporations existing prior to the adop- tion of the codes, by sec. 288, Civil Code."— Code Commissioners' note. See note to act 632, ante. This act enabled insurance companies to increase their capital stock. 494 INSURANCE. ACT 1661. Prescribing conditions for transacting insurance business. [Stats. 1867-8, p. 323.] "Supplemented 1869-70, 321. Repealed, except as to pre- existing corporations, by sec. 288, Civil Code." — Code Commis- sioners' note. See note to act 632, ante. ACT 1662. To provide for the official valuation of life insurance poli- cies. [Stats. 1869-70, p. 859.] Amended 1871-2, 97. Repealed 1877-8, S3. ACT 1663. Life insurance, forfeiture of policies of, act regulating. [Stats. 1871-2, p. 59.] "Repealed by amendment to codes, 1877-8, 83." — Code Commis- sioners' note. ACT 1664. Relating to life, health, accident, and annuity or endow- ment insurance on the assessment plan, and the con- duct of business of such insurance. [Stats. 1891, p. 126.] Cal.Rep.Cit. 106, 101; 106, 103; 121, 321; 123, 110; 129, 633. This act appears in full in Civil Code, Appendix, p. 724. ACT 1665. Providing for incorporation of mutual insurance com- panies. [Stats. 1865-6, p. 752.] Amended 1867-8, 330, 661 ; 1880, 229, but repealed by sec. 288, Civil Code. See note to act 632, ante. Cal.Rep.Cit. 64, 384; 67, 167; 133, 43; 133, 47; 133, 48; 133, 50. This act appears in full in Civil Code, Appendix, p. 731. ACT 1666. Relating to fire and marine insurance companies. [Stats. 1865-6, p. 743.] Amended 1867-8, 330. Repealed by sec. 288, Civil Code. See note to act 632, ante. ACT 1667. To provide for the organiza^^ion and management of county fire insurance companies. [Stats. 1897, p. 439.] This act appears in full in Civil Code, Appendix, p. 732. INTEREST— INTERPRETERS. 495 ACT 16G8. To require the payment of certain premiums to counties and cities and counties, by fire insurance companies not organized under tlie laws of tlie state of Califor- nia, but doing business therein, and providing for the disposition of such income. [Stats. 1885, p. 13.] Amended 1887, 15. Unconstitutional. (San Francisco v. Insurance Co., 74 Cal. 113.) This act provided for the payment of a certain percentage of the income of fire insurance companies into a firemen's relief fund. ACT 1CG9. Relative to the non-insurance of property belonging to the state against risk of damage or destruction by fire. [Stats. 1891, p. 70.] ACT 1G70. Mutual Life Insurance Company of New York and Equi- table Life Insurance Company of the United States, authorized to invest money in California. [Stats. 1873-4, p. 777.] TITLE 228. ACT 1G74. INTEREST. To regulate the interest of money. [Stats. 1850, p. 92.] Amended 1867-8, 553 ; 1869-70, 669. Superseded by Civil Code, sees. 1917-1920. Cal.Rep.Cit. 44, 131; 44, 369; 46, 208; 49, 402; 120, 109. TITLE 229. ACT 1070. INTERPRETERS. In relation to interpreters before grand jury. [Stats. 1871-2, p. 540.] This act can be found in the Appendix to the Penal Code, p. 619. ACT KiSO. To authorize the appointment of an interpreter of the Italian languages in cities of one hundred thousand inhabitants. [Stats. 1885, p. 108.] Amended 1895, 37. "Superseded as to San Francisco by chap. I of art. V of the charter of that city." — Code Commissioners' note. This act appears in full in Penal Code, Appendix, p. 618. 496 INTOXICATING LIQUORS. TITLE 230. ACT 1685. INTOXICATING LIQUORS. To prohibit the collection of accounts for liquors sold at retail. [Stats. 1858, p. 193.] Superseded, although not in terms repealed, by the act of 1873-4, 509, to the same effect. ACT 16S6. To prevent the sale of intoxicating liquors to persons addicted to the inordinate use thereof. [Stats. 1889, p. 352.] This act can be found in the Appendix to the Penal Code, p. 621. ACT 1687. Permitting voters of every township or incorporated city to vote on question of granting license to sell. [Stats. 1873-4, p. 434.] Repealed, 1875-6, 10. Unconstitutional. (Ex parte Wall, 48 Cal. 279.) ACT 1688. To prevent the sale of intoxicating liquors to minor chil- dren. [Stats. 1891, p. 91.] This act appears in the Penal Code, Appendix, p. 619. ACT 1689. To prevent the selling, giving, or delivering intoxicating liquors to minor children, and to prevent minor chil- dren visiting saloons or public houses where intoxicat- ing liquors are sold. [Stats. 1903, p. 319.] This act appears in full in Penal Code, Appendix, p. 620. ACT 1690. To prevent the sale of intoxicating beverages on election day. [Stats. 1873-4, p. 297.] Cal.Rep.Cit. 92, 198. This act appears in the Penal Code, Appendix, p. 622. ACT 1691. To prohibit the sale of intoxicating liquors in the state capitol building. [Stats. 1880, p. 80.] This act appears in full in Penal Code, Appendix, p. 623. ACT 1692. To prevent the sale of intoxicating liquors in the imme- diate vicinity of soldiers' home. [Stats. 1895, p. 161.] This act appears in full in Penal Code, Appendix, p. 622. INVENTORY— INYO COUNTY. 497 TITLE 231. ACT 1697. INVENTORY. To require an inventory of state and county property, and directing ttiat a record of the same be kept. [Stats. 1897, p. 5.] Amended 1901, 93. TITLE 232. ACT 1702. INYO COUNTY. Assessor, compensation of. [Stats. 1875-6, p. 81.] Amended 1877-8, 256. Repealed by County Government Act, 1897, 568, sec. 211. ACT 1703. Government of, payment of expenses of. [Stats. 1873-4, p. 374.] See subds. 12 and IS, sec. 25, County Government Act, 1897, 460, 463. ACT 1704. Protecting growing crops in. [Stats. 1871-2, p. 668.] Probably repealed by acts of 1897, 198, and 1901, 603, relating to estrays. This act was to prevent the trespassing of animals. ACT 1705. Additional notaries public for. [Stats. 1873-4, p. 574.] Repealed by Political Code, sec. 791. This act provided for the appointment of two additional notaries. ACT 1706. Salaries of certain officers of. [Stats. 1873-4, p. 177.] Supplemented and amended 1873-4, 510. Repealed by consti- tution of 1S79, abolishing office of county judge, and by County Gov- ernment Act, 1897, 568, sec. 211, ACT 1707. Public roads, improvement of. [Stats. 1875-6, p. 421.] Repealed 18S3, 5, chap. X, sec. 2, and Political Code, sec. 2652, as amended 1891, 478. ACT 170S. To provide for the distribution of school moneys in cer- tain counties. [Stats. 1877-8, p. 746.] Repealed : See Political Code, sec. 1858. This act related to Inyo and Mono counties. 498 IRRIGATION. ACT 1709. Teachers in, employment of. [Stats. 1873-4, p. 509.] Probably repealed by Political Code, sec. 1696, as amended 1893, 255. ACT 1710. Traveling fees of sheriffs of. [Stats. 1873-4, p. 236.] Amended 1877-8, 372. Repealed by County Government Acts, 1897, 568, 571, 572, sees. 211, 214, 215. ACT 1711. Treasurer of, salary of. [Stats. 1877-8, p. 157.] Repealed by County Government Acts, 1897, 568, sec. 211. TITLE 233. ACT 1716. IRRIGATION. Irrigation, act to promote. [Stats. 1871-2, p. 945.] "Seems necessarily inconsistent with the Wright Act, 1887, 29, chap. XXXIV, but that statute, in sec. 46, declares that none of its provisions shall be construed as repealing or modifying the provisions of any act relating to irrigation or water commissioners ; also with statute of 1897, 254, which also contains same reservations as to its repealing effect."— Code Commissioners' note. ACT 1717. To provide for the organization and government of irriga- tion districts, and to provide for the acquisition of water and other property, and for the distribution of water for irrigation purposes. [Stats. 1887, p. 29.] Amended 1889, 15; 1S91, 142, 147, 244; 1893, 175, 516; 1897, 241; 1899, 2. Supplemented 1889, 18, 21. 212; 1893, 276, 520; 1895, 127, 174; 1897, 254, 394. Repealed 1897, 254. Cal.Rep.Cit. 76, 367 ; 79, 353 ; 87, 142 ; 88, 337 88,351; 88,353; 88,354; 88,358; 92,306 98, 208; 103, 385; 106, 369; 106, 371; 108, 192 113, 242; 113, 510; 117, 384; 117, 385; 120, 288 120, 290; 127, 567; 130, 130; 130, 131; 130, 132 130, 134; 135, 390. 88, 350; 94, 318; 108, 194; 120, 289 ; 130, 133; AMD'T 1891. Cal.Rep.Cit. 106, 365; 106, 369; 113, 510; 113, 517; 113, 521; 117, 384; 117, 386; 120, 288; 120, 292; 125, 596. The supplemental act of 18S9. p. 212. is unconstitutional in part. (Cullen V. Glendora W. Co., 113 Cal. 503.) ACT 1718. To amend "An act amendatory of and supplemental to an act entitled 'An act to provide for the organization and government of irrigation districts, and to provide for IRRIGATION. 499 the acquisition of v/ater and other property, and for the distribution of water thereby for irrigation pur- poses,' approved March 7, 1887, providing for the ex- clusion of certain lands within any such district." [Approved February 16, 1889. Stats. 1889, p. 21.] Amended 1893, 29. Repealed by act of 1897, 254, so far as inconsistent therewith. See act of 1897, sees. 74-84, pp. 531-536, post. Cal.Rep.Cit. 88, 355. Unconstitutional in part. (Cullen v. Glendora W. Co., 113 Cal. 503.) ACT 1719. Amendatory of and supplemental to "An act to provide for the organization and government of irrigation dis- tricts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes," approved March 7, 1887, and providing for a change of the boundaries of irrigation districts, by including other lands therein. [Approved February 16, 1889. Stats. 1889, p. 18.] Repealed by act of 1897, 254, so far as inconsistent therewith. See Stats. 1897, sees. 85-97, pp. 537-540, post. ACT 1730. Supplemental to an act entitled "An act to provide for the organization and government of irrigation dis- tricts, and to provide for the acquisition of water and other property, and for the distribution of v»'ater thereby for irrigation purposes," approved March 7, 1887, and to provide for the examination, approval, and confirmation of proceedings for the issue and sale of bonds issued under the provisions of said act. [Ap- proved March 16, 1889. Stats. 1889, p. 212.] Repealed by act of 1807, 254, so far as inconsistent therewith. See sees. 68-73, act of 1897, pp. 530, 531, post. Cal.Rep.Cit. 87,143; 87,146; 88,337; 88,348; 91,538; 92, 306; 92, 330; 106, 369; 113, 511; 117, 384; 132, 291; 133, 343; 135, 394. ACT 1721. Supplemental to an act entitled "An act to provide for the organization and government of irrigation dis- tricts, and to provide for the acquisition of water and other property, and for the distribution of water 500 IRRIGATION. thereby for irrigation purposes," approved March 7, 1887, providing for the abandonment of operations by irrigation districts and for their disorganization upon the discharge of all outstanding obligations, and divid- ing irrigation districts into classes for the purposes of this act. [Approved March 25, 1893. Stats. 1893, p. 520.] Repealed by act of 1S97, 254, so far as inconsistent therewith. See act of 1903, 3. ACT 1722. Supplemental to an act entitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes," approved March 7, 1887, pro- viding for reducing the bonded indebtedness thereof. [Approved March 23, 1893. Stats. 1893, p. 276.] Repealed bj' Stats. 1897, 254, so far as inconsistent therewith. See act of 1897, sees. 98-99V^, p. 541, post. ACT 1723. Supplemental to an act entitled "An act to provide for the organization and government of irrigation dis- tricts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes," approved March 7, 1887, providing for the destruction of all or any part of the bonds of any irrigation district remaining un- sold after the completion of their irrigation system. [Approved March 26, 1895. Stats. 1895, p. 127.] Repealed by act of 1897, 254, so far as inconsistent therewith. See sees. 106-108 of act of 1897, pp. 543, 544, post. ACT 1721. To create Modesto irrigation district. [Stats. 1877-S, p. 820.] ACT 1725. West Side irrigation district, creating. [Stats. 1S77-8. p. 468.] ACT 1726. An act to provide for the organization and government of irrigation districts, and to provide for the acquisi- tion or construction thereby of works for the irriga- tion of the lands embraced within such districts, and. IRRIGATION. 501 also, to provide for the distribution of water for irriga- tion purposes. [Approved Marcli 31, 1897. Stats. 1897, p. 254.] Amended 1901, 815. Cal.Rep.Cit. 124. 2. Tlie people of the state of California, represented in senate and assembly, do enact as follows: ORGANIZATION. Section 1. A majority in number of the holders of title, or evidence of title, to lands susceptible of irrigation from a common source and by the same system of works, such holders of title, or evidence of title, representing a ma- jority in value of said lands, according to the equalized county assessment roll or rolls for the year last preceding, may propose the organization of an irrigation district, under the provisions of this act. Said equalized assess- ment roll or rolls shall be sufficient evidence of title for the purposes of this act. Sec. 2. In order to propose the organization of an irrigation district, a petition shall be presented to the board of supervisors of the county in v/hich the lands within the proposed district, or the greater portion there- of, are situated, signed by the required number of holders of title, or evidence of title, to lands within such pro- posed district, and representing the requisite majority in value of said lands, which petition shall set forth the boundaries of the proposed district, and sball state, gen- erally, the source from which said lands are proposed to be irrigated, and the character of the works proposed to be acquired or constructed for irrigation purposes, and shall pray that the territory embraced within the bound- aries of the proposed district may be organized as an irrigation district under the provisions of this act. The petition must be accompanied with a good and sufficient undertaking, to be approved by said board of supervisors, in double the amount of the probable cost of organizing such district, conditioned that the sureties shall pay all of said costs, in case said organization shall not be af- fected. Said petition shall be presented at a regular meet- ing of said board, and shall be published for at least tv/o weeks before the time at which the same is to be pre- sented, in some newspaper cf general circulation printed 502 IRRIGATION. and published in tiie county where said petition is pre- sented, together with a notice stating the time of the meeting at which the same will be presented; and if any portion of the lands within said proposed district lie within another county or counties, then said petition and notice shall be published, as above provided, in a news- paper published in each of said counties. "Waen such petition is presented, said board of supervisors shall hear the same, and may adjourn such hearing from time to time, not exceeding four weeks in all. And on ti±e final hearing said board shall make such changes in the pro- posed boundaries as may be deemed advisable, and shall define and establish such boundaries. But said board shall not modify said boundaries so as to exclude from such proposed district any territory which is susceptible of irrigation from a common source and by the same sys- tem of works applicable to the other lands in such pro- posed district; nor shall any lands which will not, in the judgment of said board, be benefited by irrigation, by means of said system of works, be included within such proposed district. Any person whose lands are susceptible of irrigation from the same source and system of works, may, upon his application, in the discretion of said board, have such lands included within said proposed district. Sec. 3. Upon auch hearing of said petition, the board of supervisors shall determine whether or not said petition complies with the requirements of sections one and two of this act, and for that purpose must hear all competent and relevant testimony offered in support or in opposition thereto. Such determination shall be entered upon the minutes of said board of supei'visors. Sec. 4. The right of appeal from said order to the superior court of the county where said petition is heard is hereby given to any person interested who is a party to the record; provided, that if more than one appeal be taken they shall be consolidated and tried together. Such appeal shall be taken within ten days after the entry of such order upon the minutes of the board of super- visors. The appeal shall be taken and heard in the same manner as appeals from justices' courts to the superior court, except as herein otherwise provided. Upon the appeal, the superior court may make and enter its judg- ment affirming, modifying, or reversing the order appealed IRRIGATION. 503 from. Within ten days thereafter the superior court must cause its remittitur to issue to said board of super- visors, and if said order of the board of supervisors is modified or reversed, the judgment of the superior court -and its remittitur shall direct the board of supervisors what order it shall enter. Such remittitur shall be filed Ijy the clerk of the board of supervisors, and at the first regular meeting of the board thereafter, it shall cause to be entered in its minutes the order as directed by said superior court. The appeal herein provided for shall be heard and determined vi^ithin thirty days from the time of filing the notice of appeal. Sec. 5. If, on said final hearing, the boundaries of the proposed district are defined and established, said board shall make an order dividing said district into five divis- ions, as nearly equal in size as may be practicable, which shall be numbered first, second, third, fourth, and fifth, and one director shall be elected for each division by the electors thereof; provided, that if so requested in said petition, the board may order that there shall be only three divisions in said district, and that only three di- rectors be elected, or that they be elected for the district at large. ELECTION ON ORGANIZATION. Sec. 6. Said board of supervisors shall then give notice of an election to be held in such proposed district, for the purpose of determining whether or not the same shall be organized under the provisions of this act. Such notice shall describe the boundaries so established, and shall designate a name for the proposed district, and said notice shall be published for at least three weeks previous to such election, in a newspaper published within the county in which the petition for the organization of the proposed district was presented; and if any portion of such pi'o- posed district is within another county or counties, then, such notice shall be published for the same length of time in a newspaper published in each of said counties. Such notice shall require the electors to cast ballots, which shall contain the words "Irrigation District — Yes," or "Irrigation District — No," or words equivalent thereto, and also the names of persons to be voted for at said election. For the purposes of said election the board of supervisors must establish a convenient number of elec- 50-1 IRRIGATION. tion precincts in said proposed district, and define the boundaries of the same. Such election shall be conducted as nearly as practicable in accordance with the general election laws of the state, but no particular form of bal- lot shall be required. Sec. 7. At such election there shall be elected a board of directors, and an assessor, tax collector, and treasurer; provided, that where a consolidation of officers as here- inafter provided for is deemed advisable in the organiza- tion of a district, the petitioners may request in their petition for organization such consolidation, and the board of supervisors calling the election shall in its order there- for announce such consolidation, and then only one person shall be elected to fill the several offices so consolidated. Sec. 8. No person shall be entitled to vote at any elec- tion held under the provisions of this act unless he pos- sesses all the qualifications required of electors under the general election laws of the state. Sec. 9. The board of supervisors shall meet on the second Monday succeeding such election, and shall pro- ceed to canvass the votes cast thereat, and if upon such canvass it appears that at least two thirds of all the votes cast are "Irrigation District — Yes," said board shall, by an order entered on its minutes, declare the territory duly organized as an irrigation district, under the name thereto- fore designated, and shall declare the persons receiving respectively the highest number of votes at said election to be duly elected. Sec. 10. Said board shall then cause a copy of such order, duly certifiel, to be immediately filed for record in the office of the county recorder of any county in which any portion of the lands embraced in such district are situated, and must also immediately forward a copy there- of to the clerk of the board of supervisors of each of said last-mentioned counties, and no board of supervisors of any county in which any portion of the lands embraced in such district are situated shall, after the date of the organ- ization thereof, allow another district tc be formed in- cluding any portion of said lands, without the consent of the board of directors of the district in which they are situated. From and after such filing, the organization of such district shall be complete. Sec. 11. Such election, on organization, may be con- IRRIGATION, 505 tested by any person owning property withm the proposed district liable to assessment. The directors elected at such election shall be made parties defendant. Such con- test shall be brought in the superior court of the county where the petition for organization is filed; provided, that if more than one contest be pending they shall be con- solidated and tried together. The court having jurisdic- tion shall speedily try such contest, and determine, upon the hearing, whether the election was fairly conducted and in substantial compliance with the requirements of this act, and enter its judgment accordingly. Such contest must be brought within twenty days after the canvass of the vote and declaration of the result by the board of supervisors. The right of appeal is hereby given to either party to the record within thirty days from entry of judg- ment. The appeal must be heard and determined by the supreme court within sixty days from the time of filing the notice of appeal. Sec. 12. The officers elected at the election hereinbefore provided for shall immediately enter upon their duties as such, upon qualifying in the manner for such officers herein provided. Said officers shall hold office respectively until their successors are elected and qualified. DUTIES AND POWERS OF BOARDS OF DIRECTORS. Sec. 13. The directors of any district created after the passage of this act, on the first Tuesday after their elec- tion, after they shall have qualified, shall meet and classify themselves by lot into two classes, as nearly equal in number as possible, and the term of office of the class having the greater number shall expire at the next general February election in this act provided for; and the term of office of the class having the lesser number shall termi- nate at the next general February election thereafter. After such classification, said directors shall organize as a board, shall elect a president from their number, and appoint a secretary, who shall each hold office during the pleasure of the board. The salary of the secretary and the amount of the bond to be given by him for the faithful performance of his duties shall be fixed by the board of directors. Sec. 14. The board of directors shall hold a regular monthly meeting, in their office, on the first Tuesday in Gen. Laws— 22 506 IRRIGATION. every month, and such special meetings as may be required for the proper transaction of business; provided, that all special meetings must be ordered by a majority of the board. The order must be entered of record, and five days' notice thereof must, by the secretary, be given to each member not joining in the order. The order must specify the business to be transacted, and none other than that specified must be transacted at such special meeting. All meetings of the board must be public, and three members shall constitute a quorum for the transac- tion of business; provided, however, that when the board consists of three members only, then in such case two shall constitute a quorum for the transaction of business, but on all questions requiring a vote there shall be a con- currence of at least the number constituting a quorum. All records of the board shall be open to public inspection during business hours. The board of directors shall, on the first Tuesday in January of each and every year render, and immediately thereafter cause to be published, a veri- fied statement of the financial condition of the district, showing particularly the receipts and disbursements of the last preceding year, together with the source of such receipts and purpose of such disbursements. Said publi- cation shall be made at least once a week for two weeks, in some paper published in the county where the office of the board of directors of such district is situated. Sec. 15. The board shall have the power, and it shall be their duty, to manage and conduct the business and affairs of the district; make and execute all necessary contracts; employ and appoint such agents, oflicers, and employees as may be required, and prescribe their duties. The board and its agents and employees shall have the right to enter upon any lani to make surveys, and may locate the necessary ii'rigation works and the line for any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such lo- cation. Said board shall also have the right to acquire, either by purchase or condemnation, or other legal means, all lands, and waters, and water rights, and other property necessary for the construction, use, supply, maintenance, lepair, and improvements of said canal or canals, and works, including canals and works constructed and being constructed by private owners, lands for reservoirs for the IRRIGATION. 507 storage of needful waters, and all necessary appurtenances. But no purchase of any waters, or water rights, or canals, or reservoirs, or reservoir sites, or irrigation works, or other real property of any nature or kind, for any price in excess of ten thousand dollars shall be final or binding on the district, nor shall the purchase price thereof be paid until a petition of a majority of the holders of title, or evidence of title, to lands within> the district, such holders of title, or evidence of title, representing a majority in value of said land, according to the last equalized assess- ment roll of the district, shall have been filed with the board and an order of the board made thereon confirming such purchase. Said board may also construct the neces- sai'y dams, reservoirs, and works for the collection of water for said district, and do any and every lawful act neces- sary to be done, that sufficient water may be furnished to each land owner in said district for irrigation purposes. The said board is hereby authorized and empowered to take conveyances or other assurances for all property acquired by it under the provisions of this act, in the name of such irrigation district, to and for the uses and purposes herein expressed, and to institute and maintain any and all actions and proceedings, suits at law or in equity, necessary or proper in order to fully carry out the provisions of this act, or to enforce, maintain, protect, or preserve any and all rights, privileges, and immunities created by this act, or acquired in pursuance thereof. And in all courts, actions, suits, or proceedings, the said board may sue, appear, and defend in person or by attor- neys, and in the name of such irrigation district. It shall be the duty of said board to establish equitable by-laws, rules, and regulations for the distribution and use of water among the owners of said lands, which must be printed in convenient form for distribution in the district. Said board shall have power generally to perform all such acts as shall be necessary to fully carry out the purposes of this act. Sec. 15%. The board of directors, when they cteem it advisable for the best interests of the district, and the convenience of the electors thereof, may at any time, but not less than sixty days before an election to be held in the district, change the boundaries of the divisions and election precincts of the district; provided, such changes 508 IRRIGATION. shall be made to keep each division as nearly equal in area and population as may be practicable. Such change of boundaries of the divisions must be shown on the minutes of the board. The board of directors of any irrigation dis- trict now or that may hereafter be organized in this state, shall also have the power, and such board is hereby vested with authority to lease the system of canals and works in the district, whenever such leasing may be for the benefit of the district; provided, that when the directors of any irrigation district contemplate the leasing of the canals or works of such district, they shall give notice of such contemplation by publishing the same in some newspaper published in the county in which such irriga- tion district lies, at least three weeks prior to the making of any lease, and such lease shall be made to the highest bidder. But such board shall have the right to reject any and all bids. Such lease shall in no way interfere with any rights that may have been established by law at the time such lease is made; and further provided, that the board of directors shall require a good and suffi- cient bond to secure the faithful performance of the lease by the lessees. [New section approved March 28, 1901. Stats. 1901, p. 815. In effect immediately.] Sec. 16. In case of condemnation proceedings the board shall proceed, in -the name of the district, under the pro- visions of title seven, part three, of the Code of Civil Procedure. WATER REGULATIONS. Sec. 17. The use of all water required for the irriga- tion of the lands of any district formed under the provis- ions of this act, or the act of which this is supplementary or amendatory, together with the rights of way for canals and ditches, sites for reservoirs, and all other property required in fully carrying out the provisions of this act. is hereby declared to be a public use, subject to the regula- tion and control of the state, in the manner prescribed by law. Sec. 18. It is hereby expressly provided that all waters distributed for irrigation purposes shall be apportioned ratably to each land owner upon the basis of the ratio which the last assessment of such owner for district pur- poses within said district bears to the whole sum assessed upon the district; provided, that anj" land owner may as- IRRIGATION. 509 sign the right to the whole or any portion cf the waters so apportioned to him. GENERAL ELECTIONS. Sec. 19. An election shall be held in each irrigation district on the first Wednesday in February, eighteen hun- dred and ninety-nine, and on the first Wednesday in Feb- ruary in each second year thereafter, at which an assessor, a collector, and a treasurer, and directors for the district shall be elected. The person receiving the highest number of votes for any office to be filled at such election shall be elected thereto. The assessor, collector, and treasurer shall each hold office from the first Tuesday in March next after, for two years, and until his successor is elected and qualified. Within ten days after receiving their certifi- cates of election, hereinafter provided for, said officers shall take and subscribe the official oath, and file the same in the office of the board of directors, and execute the bond hereinafter provided for. The assessor shall execute an official bond in the sum of five thousand dollars, and the collector an official bond in the sum of twenty thou- sand dollars, and the district treasurer an oScial bond in the sum of fifty thousand dollars; each of said bonus to be approved by the board of directors; provided, that the board of directors may, if it shall be deemed advisable, fix the bonds of the treasurer and collector, respectively, to suit the conditions of the district, the maximum amount of the treasurer's bond not to exceed fifty thousand dol- lars, and the minimum amount thereof not to be less than ten thousand dollars; and the maximum amount of the collector's bond not to exceed twenty thousand dollars, and the minimum amount thereof not to be less than five thousand dollars. Each member of said board of directors shall execute an official bond in the sum of five thousand dollars, which said bonds shall be approved by the judge of the superior coui't of said county where such organization was effected, and shall be recorded in the office of the county recorder thereof, and filed with the secretary of said board. All official bonds herein provided for shall be in the form prescribed by law for the official bonds of county officers. Sec. 20. On the first Tuesday in March next following their election, the directors who shall have been elected at the general February election, shall meet and organize as a 510 IRRIGATIOX. board, elect a president and appoint a secretary, who shall each hold office during the pleasure of the board. And the directors of districts now organized, who shall have been elected at the general February election of eighteen hundred and ninety-nine, shall, on the first Tuesday in March next thereafter, when they meet to organize, first classify themselves by lot into two classes as nearly equal in number as possible. And the term of office of the class having the greater number shall be two years; and the term of office of the lesser number shall be four years. The full term of office of directors Is hereby fixed at four years. Sec. 21. Fifteen days before any election held under this act, subsequent to the organization of any district, the secretary of the board of directors shall cause notices to be posted in three pulilic places in each election precinct, of the time and place of holding the election, and shall also post a general notice of the same in the office of said board, which shall be established and kept at some fixed place, to be determined by said board, specifying the poll- ing-places of each precinct. Prior to the time for posting the notices, the board must appoint for each precinct, from the electors thereof, one inspector and tvv'o judges, who shall constitute a board of election for such precinct. If the board fail to appoint a board of election, or the mem- bers appointed do not attend at the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board, or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, desig- nate the house or place within the precinct where the elec- tion must be held. Sec. 22. The inspector is chairman of the election board, and may administer all oaths required in the progress of an election; and appoint judges and clerks, if, during the progress of the election, any judge or clerk cease to act. Any member of the board of election, or any clerk thereof, may administer and certify oaths required to be admin- istered during the progress of an election. The board of election for each precinct must, before opening the polls, appoint two persons to act as clerks of the election. Before opening the polls, each member of the board and each clerk must take and subscribe an oath to faithfully per- IRRIGATION. 511 form the dutigs imposed upon them by law. Any elector of the precinct may administer and certify such oath. The polls must be opened one hour after sunrise on the morning of the election, and be kept open until sunset, when the same must be closed. The provisions of the general election laws concerning the form of balloi:; to be used shall not apply to elections held under this act. Sec. 23. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain opened, and shall be conducted, as nearly as prac- ticable, in accordance with the provisions of the general election laws of this state. As soon as all the votes are counted, a certificate shall be drawn up on each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the office to fill which he was voted for, which number shall be written in figures and in words at full length. Each certificate shall be signed by the clerk, judge, and the inspector. One of said certificates, with the poll list and the tally paper to which it is at- tached, shall be retained by the inspector, and preserved by him at least six months. The ballots shall be strung upon a cord or thread by the inspector, during the counting thereof, in the order in which they are entered upon the tally list by the clerks; and said ballots together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the inspector in the presence of the judges and clerks, and indorsed "Election returns of (naming the precinct) precinct," and be directed to the secretary of the board of directors, and shall be immediately delivered by the inspector, or by some other safe and responsible carrier designated by said inspector, to said secretary, and the ballots shall be kept unopened for at least six months; and if any person be of the opinion that the vote of any precinct has not been correctly counted, he may appear on the day appointed for the board of directors to open and canvass the returns, and demand a recount of the vote of the precinct that is so clainied to have been incorrectly counted. Sec. 24. No list, tally paper, or certificate returned from any election, shall be set aside or rejected for want of form, if it can be satisfactorily understood. The board 512 IRRIGATION. of directors must meet at its usual place of meeting on the first Monday after each election to canvass the returns. If, at the time of meeting, the returns from each precinct in the district in which the polls were opened have been received, the board of directors must then and there pro- ceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from day to day until all the returns have been received, or until six postponements have been had. The canvass must be made in public and by opening the returns and estimat- ing the vote of the district for each person voted for, and declaring the result thereof. Sec. 25. The secretary of the beard of directors must, as soon as the result is declared, enter in the records of such board a statement of such result, which statement must show: (a) The whole number of votes cast in the district, and in each division of the district; (b) the names of the persons voted -for; (c) the office to fill whicn each person was voted for; (d) the number of votes given in each precinct to each of such persons; (e) the number of votes given in each division for the office of director, and the number of votes given in the district for the offices of assessor, collector, and treasurer. The board of di- rectors must declare elected the persons having the highest number of votes given for each office. The secretary must immediately make out and deliver to such person a cer- tificate of election, signed by him, and authenticated with the seal of the board. In case of a vacancy in the office of assessor, collector, or treasurer, the vacancy shall be filled by appointment of the board of directors; provided, that if said board of directors shall neglect or refuse to make such appoint- ment within a period of forty days, then the board of super- visors of the coimty wherein the office of said board of di- rectors is situated shall make such appointment. In case of a vacancy in the office of director, the vacancy shall be filled by appointment by the board of supervisors of the county where the office of such board of directors is sit- uated, from the division in which the vacancy occurred. An officer appointed as above provided shall hold his office until the next regular election for said district, and until his successor is elected and qualified. Sec. 26. A director shall be a resident and freeholder IRRIGATION. 513 of the irrigation district, but not necessarily of the divis- ion for which he is elected. Sec. 27. The board of directors may, in its discretion, consolidate any two or more of the offices of assessor, collector, and treasurer. The oi'der of consolidation must he made at least thirty days prior to general election of the district, and shall take effect at the next succeed- ing election; provided, that the board of directors may, at least thirty days before a general election of the dis- trict, where the offices have been consolidated, segregate the same, each office to be filled at such election. Sec. 28. In any district the board of directors thereof may, upon the presentation of a petition therefor, by a ma- jority of the holders of title, or evidence of title, of said district, evidenced as above provided, order that on and after the next ensuing general election for the district, there shall be either three or five directors, as said board may order, and they shall be elected by the aistrict at large, or by divisions, as so petitioned and ordered; and after such order such directors shall be so elected, TITLE TO PROPERTY. Sec. 29. The legal title to all property acquired under the provisions of this act shall immediately and by opera- tion of law vest in such irrigation district, and shall be held by such district in trust for and is hereby dedicated and set apart to the uses and purposes set forth in this act. And said board is hereby authorized and empowered to hold, use, acquire, manage, occupy, and possess said property as herein provided. ISSUANCE OF BONDS. Sec. 30. For the purpose of constructing necessary irrigating canals and works, and acquiring tne necessary property and rights therefor, and otherwise carrying out the provisions of this act, the board of directors of any such district, must, as soon after such district has been or- ganized as may be practicable, and also whenever there- after the construction fund has been exhausted by expenditures heroin authorized therefrom and it is neces- sary to raise additional money for said purposes, esti- mate and determine the amount of money necessary to be raised. And thereafter said board when petitioned by a majority of the holders of title, or evidence of title, to 514 IRRIGATION. lands within the district, such holders of title, or evidence of title, representing a majority in value of said lands, ac- cording to the equalized assessment roll of the district, if such has theretofore been made, and if such has not been made, then according to the equalized county assessment roll covering the lands of such district, shall immediately call a special election, at which shall be submitted to the electors of such district, possessing the qualifications prescribed by this act, the question whether or not the bonds of said district in the amount «,s set forth in said petition shall be issued. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such notice in some newspaper published in the county where the office of the board of directors of such district is required to be kept, once a week for at least three successive weeks. Such notices must specify the time of holding the election, the amount of bonds proposed to be issued; and said election must be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of this act governing the election of officers; provided, that no informalities in condticting such an elec- tion shall invalidate the same, if the election shall have been otherwise fairly conducted. At such election the bal- lets shall contain the words "Bonds — Yes," or "Bonds — No," or words equivalent thereto. If a majority of the votes cast are "Bonds — Yes," the board of directors snail cause bonds in said amount to be issued; if a majority of the votes cast at any bond election are "Bonds — No," the re- sult of such election shall be so declared and entered of record. Whenever thereafter a petition of the character hereinbefore provided for in this section is presented to the board it shall so declare of record in its minutes, and shall thereupon submit such questions to said electors in the same manner and with like effect as at such previous elec- tion. Sec. 31. All bonds issued under the provisions of this act shall be payable in gold coin of the United States, in ten series, as follows, to wit: At the expiration of twenty- one years, five per cent of the whole number of said bonds; at the expiration of twenty-two years, six per cent; at the expiration of twenty-three years, seven per cent; at tha IRRIGATION. 515 expiration of twenty-four years, eight per cent; at the expiration of twenty-five years, nine per cent; at tiie expiration of twenty-six years, ten per cent; at the ex- piration of twenty-seven years, eleven per cent; at the expiration of twenty-eight years, thirteen per cent; at the expiration of twenty-nine years, fifteen per cent; and at the expiration of thirty years, sixteen per cent; that the several enumerated percentages being of the entire amount of the bond issue, but each bond must be made payable at a given time for its entire amount and not tor a percentage. Said bonds shall bear interest at the rate of five per cent per annum, payable semi-annually, on the first day of Jan- uary and July of each year. The principal and interest shall be payable at the place designated therein. Said bonds shall be each of the denomination of not less than one hundred dollars nor more than five hundred dollars; shall be negotiable in form, signed by the president and secretary, and the seal of the board of directors snail be affixed thereto. Each issue shall be numbered consecu- tively as issued, and the bonds of each issue shall be num- bered consecutively, and bear date at the time of their issue. Coupons for the interest shall be attached to each bond, signed by the secretary. Said bonds shall express on their face that they were issued by authority of this act, stating its title and date of approval, and shall also so state the number of the issue of which such bonds are a part. The secretary shall keep a record of the bonds sold, their number, the date of sale, the prige received, and the name of the purchaser. Sec. 32. The board may sell said bonds from time to time in such quantities as may be necessary and most ad- vantageous, to i-aise money for the construction of said canals and works, the acquisition of said property and rights, and otherwise to fully carry out the objects and pur- poses of this act. Before making any sale the board shall, at a meeting, by resolution, declare its intention to sell a specified amount of the l)onds, and the day and hour and place of such sale, and shall cause such resolution to be entered in the minutes, and notice of the sale to be given, by publication thereof at least three weeks, in some news- paper published in the county where the office of the board of directors is located, and in any other newspaper, at its discretion. The notice shall state that sealed proposals 516 IRRIGATION. will be received by the board at their office, for the pur- chase of bonds, till the day and hour named in the resolu- tion. At the time appointed the board shall open the pro- posals, and award the purchase of the bonds to the highest responsible bidder; provided, however, that they may re- ject all bids. Said board shall in no event sell any of the said bonds for less than the par value thereof. Sec. 33. Said bonds, and the interest thereon, shall be paid by revenue derived from an annual assessment upon the real property of the district; and all the real property in the district shall be and remain liable to be assessed for such payments, as hereinafter provided. ASSESSMENT FOR COMPLETION OF WORKS. Sec. 34. In case the money raised by the sale of bonds issued be insufficient or in case the bonds be unavailable for the completion of the plan of canal and works adopted, and additional bonds be not voted, it shall be the duty of the board of directors to provide for the completion of said plan by levy of assessments therefor; provided, however, that such levy of assessments shall not be made except first an estimate of the amount required for such purposes has been made by said board, and the question as to the making of said levy submitted, to a vote of the electors of the district. Before such question is submitted the order of submission shall be entered in the minutes of the board, stating the amount to be levied and the purpose therefor, and if submitted at a special election said order shall, in addition, fix the day of election. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such notice in some news- paper published in the county where the office of the board of directors of such district is required to be kept, once a week for at least three successive weeks. Such notices must specify the time for holding the election, and the amount of assessment proposed to be levied. Said election must be held and the result thereof determined and declared in all respects as nearly as practicable in con- formity with the provisions of this act governing the elec- tion of officers; provided, that no informalities in conduct- ing such an election shall invalidate the same, if the elec- tion shall have been otherwise fairly conducted. At such election the ballots shall contain the words "Assessment — IRRIGATION. 517 Yes," or "Assessment — No," or words equivalent thereto. If a majority of tlie votes cast are "Assessment — Yes," the board of directors shall cause an assessment in the amount named in the order of submission to be levied; if a ma- jority of the votes cast are "Assessment — No," the re- sult of such election shall be so declared and entered of record. DUTIES OF THE ASSESSOR. Sec. 35. The assessor must, between the first Monday in March and the first Monday in June, in each year, assess all real property in the district, to the persons who own, claim, have the possession, or control thereof, at its full cash value. He must prepare an assessment book, with appropriate headings, in which must be listed all such property within the district, in which must be specified, in separate columns, under the appropriate head: (a) The name of the person to whom the property is assessed (if the name is not known to the assessor the property shall be assessed to "unknown owners") ; (b) land by township, range, section, or fractional section, and when such land is not a congressional division or subdivision, by metes and bounds, or other description sufiicient to identify it, giving an estimate of the number of acres, locality, and the im- provements thereon; (c) city and town lots, naming the city or town, and the number and block, according to the system of numbering in such city or town, and the improve- ments thereon; (d) the cash value of real estate, other than city or town lots; (e) the cash value of improvements on such real estate; (f) the cash value of city and town lots; (g) the cash value of improvements on city and town lots; (h) the cash value of improvements on real estate assessed to persons other than the owners of the real estate; (i) the total value of all property assessed; (j) the total value of all property after equalization by the board of directors; (k) such other things as the board of directors may require. Any property which may have escaped the payment of any assessment for any year, shall, in addition to the assessment for the then current year, be assessed for such year with the same effect and with the same penalties as are provided for such current year. Sec. 36. The board of directors must allow the assessor as many deputies, to be appointed by him, as will, in the 518 IRRIGATION. judgment of the board, enable him lo complete the assess- ment within the time herein prescribed. The board must fix the compensation of such deputies, which shall be paid out of the treasury of the district. The compensation must not exceed five dollars per day for oach aeputy, for the time actually engaged, nor must any allowance be made but for work done between the first Monday in March and Xhe first Monday in August in each year. Sec. 37. On or before the first Monday in August in each year, the assessor must complete his assessment book, and deliver it to the secretary of the board, who must immediately give notice thereof, and of the time the board of directors, acting as a board of equalization, will meet to equalize assessments, by publication in a news- paper published in each of the counties comprising the district. The time fixed for the meeting shall not be less than twenty nor more than thirty days from the first publication of the notice; and in the mean time the assess- ment book must remain in the office of the secretary for the inspection of all persons interested. EQUALIZATION OF ASSESSMENT. Sec. 38. Upon the day specified in the notice required by the preceding section for the meeting, the board of directors, which is hereby constituted a board of equalization for that purpose, shall meet and continue in session from time to time, as long as may be necessary, not to exceed ten days, exclusive of Sundays, to hear and determine such objections to the valuation and assess- ment as may come before them; and the board may change the valuation as may be just. The secretary of the board shall be present during its sessions, and note all changes made in the A'aluation of property, and in the names of the persons w^hose property is assessed; and within ten days after the close of the session he shall have the total values, as finally equalized by the board, extended into columns and added. LEVY OF AND COLLECTION OF TAXES. Sec. 39. The board of directors shall then levy an as- sessment sufficient to raise the annual interest on the out- standing bonds, and in any year in which any bonds shall fall due must increase said assessment to an amount suffi- cient to raise a sum sufficient to pay the principal of the out- standing bonds as they mature. The secretary of the IRRIGATION. £19 board must compute and enter in a separate column of the assessment book the respective sums, in dollars and cents, to be paid as an assessment on the property therein enum- erated. When collected, the assessment shall be paid into the district treasury and be apportioned to the several proper funds. In case of the neglect or refusal of the board of directors to cause such assessments and levies to be made as in this act provided, then the assessment of property made by the county assessor and the state board of equalization shall be adopted, and shall be the basis of assessment for the district, and the board of supervisors of the county in which the office of the board of directors is situated shall cause an assessment roll for said district to be prepared, and shall make the levy required by this act, in the same man- ner and with like effect as if the same had been made by said board of directors, and all expenses incident thereto shall be borne by such district. In case of the neglect or refusal of the collector or treasurer of the district to per- form the duties imposed by law, then the tax collector and treasurer of the county in which the office of the board of directors is situated must, respectively, perform such duties, and shall be accountable therefor upon their official bonds as in other cases. Sec. 40. The assessment upon real property is a lien against the property assessed from and after the first Mon- day in March for any year, and the lien for the bonds of any issue shall be a preferred lien to that for any subsequent issue, and such lien is not removed until the assessments are paid, or the property sold for the payment thereof. Sec. 41. On or before the first day of November, the sec- retary must deliver the assessment-book to the collector of the district, who shall within twenty days publish a notice, in a newspaper published in each county in which any portion of the district may lie, that said assessments are due and payable, and will become delinquent at six o'clock P. M. on the last Monday of December next thereafter, and that unless paid prior thereto, five per cent will be added to the amount thereof, and also the time and place at which payment of assessments may be made, which notice shall be published for the period of two weeks. The collector must attend at the time and place specified in the notice, to receive assessments, which must 520 IRRIGATION. be paid in gold and silver coin; he must mark the date of payment of any assessment in the assessment-book, opposite the name of the person paying, and give a receipt to such person, specifying the amount of the assessment and the amount paid, with a description of the property assessed. On the last Monday in December, at six o'clock P. M., of each year, all unpaid assessments are delinquent, and thereafter the collector must collect thereon, for the use of the district, an addition of five per cent. PUBLICATION OF DELINQUENT NOTICE. Sec. 42. On or before the first day of February, the col- lector must publish the delinquent list, which must contain the names of the persons and a description of the prop- erty delinquent, and the amount of the assessments and costs due opposite each name and description. He must append to and publish with the delinquent list a notice, that unless the assessments delinquent, together with costs and percentage, are paid, the real property upon which such assessments are a lien will be sold at public auction. The publication must be made once a week for three suc- cessive weeks, in a newspaper published in the county in which the property delinquent is situated; provided, that if any property assessed to the same person or corporation shall lie in more than one county, then such publication may be made in any county in which any portion of such property may lie. The publication must designate the time and place of sale. The time of sale must not be less than twenty-one nor more than twenty-eight days from the first publication, and the place must be at some point desig- nated by the collector, within the district; provided, how- ever, that if there should occur any error in the publication of the sale of the delinquent property, which might in- validate a sale made thereunder, and such error is discov- ered prior to sale thereunder the collector shall at once republish the sale of the property affected bj' such error, making such republication conform to the provisions of this law, and the time of sale designated in such republica- tion must not be less then twenty-one nor more than twenty-eight days from the first republication; and the place of sale must be at some point designated by the collector within the district, and stated in such republica- tion. IRRIGATION. 521 SALE FOR DELINQUENT TAXES. Sec. 43. The collector must collect, in addition to the assessments due on the delinquent list and five per cent added, fifty cents on each lot, piece, or tract of land sepa- rately assessed. On the day fixed for the sale, or some subsequent day to which he may have postponed it, of which he must give notice, the collector, between the hours of ten A. M. and three o'clock P. M., must commence the sale of the property advertised, commencing at the head of the list and continuing alphabetically, or in the numer- ical order of the lots or blocks, until completed. He may postpone the day of commencing the sales, or the sale, from day to day, but the sale must be completed within three weeks from the day first fixed; provided, that if any sale or sales shall be stayed by legal proceedings, the time of the continuance of such proceedings is not part of the time limited for making such sale or sales; and pro- vided further, that in any district where the validity of any assessment shall be in litigation at the time this act shall take effect, the sale of any property, whether it be involved in such litigation or not, may be postponed tor a time not to exceed four months. Sec. 44. The owner or person in possession of any real estate offered for sale for assessments due thereon may designate, in writing, to the collector, prior to the sale, what portion of the property he wishes sold, if less than the whole; but if the owner or possessor does not, then the collector may designate it and the person who will take the least quantity of the land, or in case an undivided interest is assessed, then the smallest portion of the in- terest, and pay the assessments and costs due, including two dollars for the duplicate certificate of sale, is the pur- chaser. If the purchaser does not pay the assess- ments and costs before ten o'clock A. M. the following day, the property on the next sale day must be resold for the assessments and costs. But in case there is no purchaser in good faith for the same on the first day that the property is offered for sale, then, when the property is offered thereafter for sale, and there is no purchaser in good faith for the same, the whole amount of the property assessed shall be struck off to the irrigation district within which such lands are situated as the purchaser, and the duplicate certificate delivered to 522 IRRIGATION, the treasurer of the district, and filed by him in his office. No charge shall be made for the duplicate certificate where the district is the purchaser, and, in such case, the collector shall make an entry, "Sold to the district," and he shall be credited with the amount thereof in his settlement. An irrigation district as a purchaser at such sale, shall be en- titled to the same rights as a private purchaser, and the title so acquired by the district, subject to the right of re- demption herein provided, may be conveyed by deed, exe- cuted and acknowledged by the president and secretary of said board; provided, that authority to so convey must be conferred by resolution of the board entered on its min- utes, fixing the price at which such sale may be made, and such conveyance shall not be made for a less sum than the reasonable market value of such property. Sec. 45. After receiving the amount of assessments and costs, the collector must make out in duplicate a certificate, dated on the day of sale, stating (when known) the name of the person assessed, a description of the land sold, the amount paid therefor, that it was sold for assessments, giving the amount and year of the assessment, and speci- fying the time when the purchaser will be entitled to a deed. The certificate must be signed by the collector, and one copy delivered to the purchaser, and the other filed in the ofiice of the county recorder of the county in which the land is situated. Sec. 46. The collector, before delivering any certificate, must in a book enter a description of the land soid, cor- responding with the description in the certificate, the date of the sale, purchasers' names, and amount paid, regularly number the description on the margin of the book, and put a corresponding number on each certificate. Such book must be open to public inspection, without fee, during office hours, when not in actual use. On filing the certifi- cate with such county recorder the lien of the assessments vests with the purchaser, and is only divested by the pay- ment to him, or to the collector for his use. of the pur- chase money, and two per cent per month from the day of sale until redemption. REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES. Sec. 47. A redemption of the property sold may be made by the owner, or any party in interest, within twelve IRRIGATION. • 523 months from the date of purchase; provided, that all land heretofore sold at delinquent tax sale under any of the provisions of an act entitled "At act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other prop- erty, and for the distribution of water thereby for ir- rigation purposes," approved March seventh, eighteen hundred and eighty-seven, or the acts supplementary thereto or amendatory thereof, where deeds have not been made and dtMvered, or when such deed has been made to the district, and the disti'ict has not disposed of the same, may be redeemed any time within six months from January twenty-seventh, eighteen hundred and ninety- seven. Redemption must be made in gold or silver coin, as provided for the collection of state and county taxes, and when made to the collector he must credit the amount paid to the person named in the certificate, and pay it, on demand, to the person or his assignees. In each report the collector makes to the board of directors, he must name the person entitled to redemption money, and the amount due each. On receiving the certificate of sale, the county recorder must file it and make an entry in a book similar to that required of the collector. On the presentation of the receipt of the person named in the certificate, or of the col- lector for his use, of the total amount of the redemption money, the recorder must mark the word "redeemed," the date, and by whom redeemed, on the certificate and on the margin of the book where the entry of the certificate is made. If the property is not redeemed within the time herein provided, the collector, or his successor in office, must make to the purchaser, or his assignee, a deed of the property, reciting in the deed substantially the matters contained in the certificate, and that no person redeemed the property during t\e time allowed by law for its re- demption. The collector shall receive from the purchaser, for the use of the district, two dollars for making such deed. Sec. 48. The matter recited in the certificate of sale must be recited in the deed, and such deed duly acknowl- edged or proved is prima facie evidence that: (a) The prop- erty was assessed as required by law; (b) the property was equalized as required by law; (c) that the assessments were levied in accordance with law; (d) the assessments 524 IRRIGATION, were not paid; (e) at a proper time and place the prop- erty was sold as prescribed by law, and by the proper officer; (f) the property was not redeemed; (g) the per- son who executed the deed was the proper officer. Such deed duly acknowledged or proved is (except as against actual fraud) conclusive evidence of the legularity of all the proceedings from the assessment by the asses- sor, inclusive, up to the execution of the deed. The deed conveys to the grantee the absolute title to the lands de- scribed therein free of all incumbrances, except when the land is owned by the United States, or this state, in which case it is prima facie evidence of the right of possession. Sec. 49. The assessment book or delinquent list, or a copy thereof, certified by the collector, showing unpaid as- sessments against any person, or property, is prima facie evidence of the assessment, the property assessed, the delinquency, the amount of assessments due and unpaid, and that all the forms of the law in relation to the assess- ment and levy of such assessments have been complied with. Sec. 50. When land is sold for assessments correctly im- posed, as the property of a particular person, no misnomer of the owner, or supposed owner, or other mistake relating to the ownership thereof, affects the sale, or renders it void, or voidable. Sec. 51. On the first Monday in each month, the collec- tor must settle with the secretary of the board for an moneys collected for assessments, and pay the same over to the treasurer; and within six days thereafter he must deliver to and file in the office of the secretary a state- ment under oath, showing: (a) An account of all his transactions and receipts since his last settlement; (b) that all money collected by him as collector has been paid. The collector shall also file in the office of the secretary, on said first Monday in each month, the receipt of the treasurer for the money so paid. REDEMPTION OF BONDS. AND PAYMENT OF IN- TEREST. Sec. 52. Upon the presentation of the coupons due, to the treasurer, he shall pay the same from the bond fund. Whenever said fund shall amount to the sum of ten thou- sand dollars in excess of an amount sufficient to meet the interest coupons due, the board of directors may direct the IRRIGATION. 525 treasurer to pay such an amount of said bonds not due as the money in said fund -^ill redeem, at the lowest value at v/hich they may be offered for liquidation, after advertising in the manner hereinbefore provided for the sale of bonds, for sealed proposals for the redemption of said bonds. Said proposals shall be opened by the board in open meet- ing, at a time to be named in the notice, and the lowest bid for said bonds must be a,ccepted; provided, that no bond shall be redeemed at a rate above par. In case tne bids are equal, the lowest numbered bond shall have the preference. In case none of the holders of said bonds shall desire to have the same redeemed, as herein provided for, said money shall be invested by the treasurer, under the direc- tion of the board, in United States bonds, or the bonds of the state, which shall be kept in said "bond fund," and may be used to redeem said district bonds whenever the holders thereof may desire. CONSTRUCTION OF WORKS. Sec. 53. After adopting a plan for such canal or canals, storage reservoirs, and works, as in this act provided for, the board of directors shall give notice, by publication thereof not less than twenty days in one newspaper pub- lished in each of the counties composing the district (pro- vided, a newspaper is published therein), and in such other newspapers as they may deem advisable, calling for bids for the construction of such work, or of any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. Said notice shall set fortn that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bid- der, stating the time and place for opening said proposals, v/hich, at the time and place appointed, shall be opened in public; and as soon as convenient thereafter the board shall let said work, either in portions or as a whole, to the lowest responsible bidder; or they may reject any or all bids and readvertise for proposals, or may proceed to construct the work under their own superintendence. Con- tracts for the purchase of material shall be awarded to the lowest responsible bidder. Any person or persons to whom a contract may be awarded shall enter into a bond, with good and sulScient sureties, to be approved by the board. 526 IRRIGATION. payable to said district for its use, for twenty-five per cent of the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the en- gineer, and be approved by the board. Sec. 54. No claim shall be paid by the treasurer until allowed by the board, and only upon a warrant signed by the president, and countersigned by the secretary; pro- vided, that the board may draw, from time to time, from the construction fund, and deposit in the county treasury of the county where the office of the board is situated any sum in excess of the sum of twenty-five thousand dollars. The county treasurer of said county is hereby authorized and required to receive and receipt for the same and place the same to the credit of said district, and he shall be respon- sible upon his official bond for the safe-keeping and dis- bursement of the same, as in this act provided. He shall pay out the same, or any portion thereof, to the treasurer of the district only, and only upon the order of the board, signed by the president, and attested by the secretary. The said county treasurer shall report, in writing, on the second Monday in each month, the amount of money in the county treasury, the amount of receipts for the month pre- ceding, and the amount or amounts paid out; said report shall be verified and filed with the secretary of the board. The district treasurer shall also report to the board, in writing, on the first Monday in each month, the amount of money in the district treasury, the amount of receipts for the month preceding, and the amount and items of expen- ditures, and said report shall be verified and filed with the secretary of the board. Sec. 55. The cost and expense of purchasing and ac- quiring property and constructing the works and improve- ments herein provided for, shall be wholly paid out of the construction fund. For the purpose of defraying the ex- penses of the organization of the district, and of the care, operation, management, repair, and improvement of such portions of said canal and works as are completed and in use, including salaries of officers and employees, the board may in lieu (either in part or in whole) of levying assess- ments as herein provided for, fix rates of tolls and charges, and collect the same from all persons using said canal for irrigation and other purposes. IRRIGATION. 627 Sec. 56. The board of directors shall have power to con- struct the said works across any stream of water, water- <;ourse, street, avenue, highway, railway, canal, ditch, or flume which the route of said canal or canals may intersect or cross, in such manner as to afford security for life and property; but said board shall restore the same, when so crossed or intersected, to its former state as near as may be, or in a sufficient manner not to have impaired unne- cessarily its usefulness; and every company whose railroad shall be intersected or crossed by said works shall unite with said board in forming said intersections and cross- ings, and grant the privileges aforesaid; and if such rail- road company and said board, or the owners and control- lers of the said property, thing, or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of said crossings or intersec- tions, the same shall be ascertained and determined in all respects as is herein provided in respect to the taking of land. The right of way is hereby given, dedicated, and set apart, to locate, construct, and maintain said works over and through any of the lands which are now or may be the property of this state; and also there is given, dedi- cated, and set apart, for the uses and purposes aforesaid, all waters and water-rights belonging to this state within the district. GOVERNING DIRECTORS. Sec. 57. The directors, when sitting as a board, or act- ing under the orders of the board, shall each receive not to exceed three dollars per day, and actual and necessary expenses paid while engaged in official business under the order of the board. The board shall fix the compensa- tion to be paid to all officers named in this act, to be paid out of the treasury of the district; provided, that said board shall, upon the petition of at least fifty, or a majority of the freeholders within such district, therefor, submit to the electors at any general election a schedule of sal- aries and fees to be paid hereunder. Such petition must be presented to the board not less than twenty days nor more than forty days prior to a general election, and the result ■of such election shall be determined and declared in all respects as other elections are determined and declared under this act. Sec. 58. No director or any other officer named in this 528 IRRIGATION. act shall in any manner be interested, directly or indirectly, in any contract awarded or to be av/arded by the board, or in the profits to be derived therefrom; and for any violation of this provision, such officer shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. SPECIAL ASSESSMENTS. Sec. 59. The board of directors may, at any time, when in their judgment it may be deemed advisable, call a spe- cial election and submit to the qualified electors of the dis- trict the question, whether or not a special assessment shall be levied for the purpose of raising money to be ap- plied to any of the purposes provided in this act. Such election must be called upon the notice prescribed, and the same shall be held and the result thereof determined and declared in all respects in conformity with the pro- visions of section thirty of this act. The notice must specify the amount of money proposed to be raised and the purpose for which it is intended to be used. At such elections the ballots shall contain the words "Assessment — Yes," or "Assessment — No." If two thirds or more of the votes cast are "Assessment — Yes," the board shall, at the time of the annual levy hereunder, levy an assessment suffi- cient to raise the amount voted. Sec. 60. The rate of assessments levied under the pro- visions of this act shall be ascertained by deducting fifteen per cent for anticipated delinquencies from the aggre- gate assessed value of the property in the district as it appears on the assessment-roll for the current year, and then dividing the sum voted by the remainder of such ag- gregate assessed value. The assessments so levied shall be computed and entered on the assessment-roll by the secretary of the board, and collected at the same time and in the same manner as other assessments provided for herein; and when collected shall be paid into the district treasury for the purposes specified in the notice of such special election. INCURRING INDEBTEDNESS. Sec. 61. The board of directors, or other officers of the district, shall have no power to incur any debt or liability IRRIGATION. 529 whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act; and any debt or lia- bility incurred in excess of such express provisions shall be and remain absolutely void, except that for the purposes of organization, or for any of the purposes of this act, the board of directors may, before the collection of the first assessment, incur an indebtedness not exceeding in the aggregate the sum of two thousand dollars, and may cause warrants of the district to issue therefor, bearing interest at seven per cent per annum. GOVERNING THE USE OF WATER. Sec. 62. In case the volume of water in any stream or river shall not be sufficient to supply the continual want& of the entire country through which it passes, and suscep- tible of irrigation therefrom, then it shall be the duty ot the water commissioners, constituted as hereinafter pro- vided, to apportion, in a just and equitable proportion, a certain amount of said water upon certain or alternate weekly days to different localities, as they may, in theii judgment, think best for the interest of all parties con- cerned, and with due regard to the legal and equitable- rights of all. Said water commissioners shall consist o\ the chairman of the board of directors of each of the dis- tricts affected. Sec. 63. It shall be the duty of the board of directors to keep the water flowing through the ditches under their control to the full capacity of such ditches in times of high water. Sec. 64. Navigation shall never in any wise be impaired by the operation of this act, nor shall any vested interest in or to any mining water rights or ditches, or in or to any water or water rights, or reservoirs or dams now used by the owners or possessors thereof in connection with any mining industry, or by persons purchasing or renting the use thereof, or in or to any other property now used, directly or indirectly, in carrying on or promoting the mining industry, ever be affected by or taken under its provisions, save and except that rights of way may be ac- quired over the same. Sec. 65. Nothing herein contained shall be deemed to authorize any person or persons to divert the waters of any river, creek, stream, canal, or ditch from its channel, to the detriment of any person or persons having any interest I Gen. Laws— 23 530 IRRIGATION. in such river, creek, stream, canal, or ditch, or the waters therein, unless previous compensation be ascertained and paid therefor, under the laws of this state authorizing the taking of pi'ivate property for public uses. EXEMPTION FROM TAXATION— CREATION OF FUNDS. Sec. 66. The rights of way, ditches, flumes, pipe-lines, dams, water rights, reservoirs, and other property of like character, belonging to any irrigation district shall not be taxed for state and county or municipal purposes. Sec. 67. The following funds are hereby created and established, to which the moneys properly belonging shall be apportioned, to wit: Bond fund, construction fund, gen- eral fund. GENERAL PROVISIONS. Sec. 68. The board of directors may, at any time after the issue of any bonds or the levy of any assessment here- in provided for, bring an action in the superior court of the county wherein is located the office of such board, to determine the validity of any such bonds or such levy of assessments; such action shall be in the nature of a pro- ceeding in rem, and jurisdiction of all parties interested may be had by publication of summons for at least once a week for three weeks in some paper of general circu- lation published in the county where the action is pending, such paper to be designated by the court having jurisdic- tion of the proceedings. Jurisdiction shall be complete within ten days after the full publication of such summons in the manner herein provided. Any one interested may at any time before the expiration of said ten days ap- pear and by proper proceedings contest the validitj' of such bonds or assessments. Such action shall be speedily tried and judgment rendered declaring such matter so contested either valid or invalid. Either party may have the right to appeal to the supreme court at any time within thirty days after the rendition of such judgment, which appeal must be heard and determined within three months from the time of taking such appeal. Sec. 69. If no such proceedings shall have been brought by the board of directors, then, at any time within thirty days after the levy of any assessment or issue of any bonds under the provisions of this act. any district assess- ment-payer may l:ring an action in the superior court of IRRIGATION. E31 the county where the office of the board of directors is located, to determine the validity of any such assessment or such bonds. The board of directors shall be made par- ties defendant, and service of summons shall be made on the members of the board personally. Said board shall have the right to appear and contest such action. Such ac- tion shall be speedily tx'ied, with the right of appeal to either party, within the time and manner herein pro- vided for the bringing of actions by the board to determine Eiuch matters. Such appeal shall be heard and determined in the manner and within the time therein provided. Sec. 70. If more than one action shall be pending at the same time concerning similar contests in this act pro- vided for, they shall be consolidated and tried together. Sec. 71. The court hearing any of the contests herein provided for, in inquiring into the regularity, legality, or correctness of such proceedings, must disregard any error, irregularity, or omission which does not affect the substan- tial rights of the parties to said action or proceeding. The rules of pleading and practice provided by the Code of Civil Procedure, which are not inconsistent with the pro- visions of this act, are applicable to all actions or pro- ceedings hei-ein provided for. The motion for a new trial of any such action or proceeding must be heard and de- termined within ten days from the filing of the notice of intention. The costs on any hearing, or contest herein provided for, may be allowed and apportioned between the parties, or taxed to the losing party, in the discretion of the court. Sec. 72. No contest of anything or matter herein pro- vided shall be made other than within the time and manner herein specified. Sec. 73. For any willful violation of any express duty herein provided for, on the part of any oQicer herein named, he shall be liable upon his official bond, and be sub- ject to removal from office, by proceedings brought in the superior court of the county wherein the office of the board of directors of the district is located, by any assessment- payer of the district. EXCLUSION OF LANDS. Sec. 74. The boundaries of any irrigation district now organized or hereafter organized imder the provision of this act, may be changed, and tracts of land which were 532 IRRIGATION. included within the boundaries of such district at or after its organization under the provisions of said act, may be excluded therefrom, in the manner herein prescribed; but neither such change of the boundaries of the districts nor such exclusion of lands from the district shall impair or affect its organization, or its right in or to property, or any of its rights or privileges of whatever kind or nature; nor shall it affect, impair, or discharge any contract, ob- ligation, lien, or charge for or upon which said district was and may become liable or chargeable, had such change of its boundaries not been made, or had not such land been excluded from the district. Sec. 75. The owner or owners in fee of one or more tracts of land which constitute a portion of an irrigation district may jointly or severally tile with the board of di- rectors of the district a petition, praying that such tract or tracts, and any other tracts contiguous thereto, may be excluded and taken from said district. The petition shall state the grounds and reasons upon which it is claimed that such lands should be excluded and shall de- scribe the boundaries thereof, and also the lands of such petitioner or petitioners which are included within such boundaries; but the description of such lands need not be more particular or certain than is required when the lands are entered in the assessment book by the county assessor. Such petition must be acknowledged in the same manner and form as is required in the case of a conveyance of land, and the acknowledgment shall have the came force and effect as evidence as the acknowledgment of such a conveyance. Sec. 76. The secretary of the board of directors shall cause a notice of the filing of such petition to be pub- lished for at least two weeks in some newspaper published in the county where the office of the board of directors is situated, and if any portion of such territory to be excluded lie within another county or counties, then said notice shall be so published in a newspaper published within each of said counties; or if no newspaper be published therein, then by posting such notice for the same time in at least three public places in said district, and in case of the posting of said notices, one of said notices must be so posted on the lands proposed to be excluded. The notice shall state the filing of such petition, the names of the IRRIGATION. 533 petitioners, a description of tlie lands mentioned in said petition, and the prayer of said petition; and it shall notify ail persons interested in, or who may be affected by such change of the boundaries of the district, to appear at the office of said board at a time named in said notice, and show cause, in writing, if any they have, why the change of the boundaries of said district, as proposed in said petition, should not be made. The time to be spocified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. Sec. 77. The board of directors, at the time and place mentioned in the notice, or at the time or times to which the hearing of said petition may be adjourned, shall pro- ceed to hear the petition, and all evidence or proofs that may or shall be introduced by or on behalf of the peti- tioner or petitionei's, and all objections to such petition that may or shall be presented in writing by any person showing cause as aforesaid, and all evidence and proofs that may be introduced in support of such objections. Such evidence shall be taken down in shorthand, and a record made thereof and filed with the board. The failure of any person interested in said district, other than the holders of bonds thereof outstanding at the time of the filing of said petition with said board, to show cause, in writing, why the tract or tracts of land mentioned in said petition should not be excluded from said district, shall be deemed and taken as an assent by him to the exclusion of such tract or tracts of land, or any part thereof, from said district; and the filing of such petition with said board, as aforesaid, shall be deemed and taken as an assent by each and all of such petitioners to the exclusion from such district of the lands mentioned in the petition, or any part thereof. The expenses of giving said notice and of the aforesaid proceeding shall be paid by the person or persons filing such petition. Sec. 78. If, upon the hearing of any such petition, no evidence or proofs in support thereof be introduced, or if the evidence fail to sustain said petition, or if the board deem it not for the best interests of the district that the lands, or some portion thereof, mentioned in the petition, should be excluded from the district, the board shall order that said petition be denied as to such lands; but if the 534 IRRIGATION. said board deem it for the best interests of the district that the lands mentioned in the petition, or some portion tliereof, be excluded from the district, and if no person in- terested in the district show cause, in writing, why the said lands, or some portion thereof, should not be excluded from the district, or if, having shown cause, withdraws the same, or upon the hearing fails to establish such objections as he may have made, then it shall be the duty of the board to, and it shall forthwith, make an order that the lands mentioned and described in the petition, or some defined poi'tion thereof, be excluded from said district; provided, that it shall be the duty of said board to so order, upon petition therefor as aforesaid, that all lands so petitioned to be excluded from said district shall be excluded therefrom which cannot be irrigated from, or which are not susceptible to, or would not, by reason of being permanently devoted to uses other than agricultural, horticultural, viticultural, or grazing, be directly benefited by the actual irrigation of the same from a common source, or by the same system of works with the other lands of said district, or from the source selected, chosen, or pro- vided, or the system adopted for the irrigation of the lands of said district, or which are already irrigated or entitled to be irrigated, from another source or by another system of irrigation works; but no lands included within the limits of any city or town, or which shall have been sub- divided into town lots or blocks, shall be excluded under the provisions of this act. Sec. 79. If there be outstanding bonds of the district at the time of the filing of said petition, the holders of such outstanding bonds may give their assent, in writ- ing, to the effect that they severally consent that the lands mentioned in the petition, or such portion thereof as may be excluded from said district by order of said board, or the decree of the superior court as hereinafter provided, may be excluded from the district; and if said lands, or any portion thereof, be thereafter excluded from the dis- trict, the lands so excluded shall be released from the lien of such outstanding bonds. The assent must be ac- knowledged by the several holders of such bonds in the same manner and form as is required in case of a con- veyance of land, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment IRRIGATION. 535 of sucli conveyance. The assent shall be filed with the board, and must be recorded in the minutes of the board; and said minutes, or a copy thereof, certified by the secre- tary of said board, shall be admissible in evidence, with the same effect as the said assent, and such certified copy thereof may be recorded in the oflice of the county re- corder of the county wherein said lands are situated. Sec. 80. In the event the said board of directors shall exclude any lands from said district upon petition therefor, it shall be the duty of the board of directors to make an entry in the minutes of the board, describing the boundaries of the district, should the exclusion of said lands from said district change the boundaries of said district, and for that purpose the board may cause a survey to be made of such portions of the district as the board may deem necessary; and a certified copy of the entry in the minutes of the board excluding any land, cer- tified by the president and secretary of the board, shall be filed for record in the recorder's office of each county within which are situated any of the lands of the district; but said district, notwithstanding such exclusion, shall be and remain an irrigation district as fully, to every intent and purpose, as it would be had no change been made in the boundaries of the district, or had the lands excluded therefrom never constituted a portion of the district. Sec. 81. If the lands excluded from any disti'ict under this act shall embrace the greater portion of any division or divisions of such district, then the office of director for such division or divisions shall become and be vacant at the expiration of ten days from the final order of the board excluding said lands; and such vacancy or vacancies shall be filled by appointment by the board of supervisors of the county where the office of such board is situated, from the district at large. A director appointed as above provided, shall hold his office until the next regular elec- tion for said district, and until his successor is elected and qualified. Sec. 82. At least thirty days before the next general election of such district, the board of directors thereof shall make an order dividing said district into three or five divisions, as the case may require, as nearly equal in size as may be practicable, which shall be numbered first, second, third, and so on, and one director shall be 536 IRRIGATION. elected by each division. For the purposes of elections in such district, the said board of directors must establish a convenient number of election precincts, and define the boundaries thereof, which said precincts may be changed from time to time, as the board of directors may deem necessary. Sec. 83. A guardian and executor, or an administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor, or ad- ministrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on behalf of his ward, or the estate which he represents, upon being thereto properly authorized by the proper court, sign and acknowledge the petition In this act mentioned, and may show cause, as in this act provided, why the boundaries of the district should not be changed. Sec. 84. Nothing in this act provided shall, in any manner, operate to release any of the lands so excluded from the district from any obligation to pay, or any lien thereon, of any valid outstanding bonds or other indebted- ness of said district at the time of the filing of said peti- tion for the exclusion of said lands, but upon the contrary, said lands shall be held subject to said lien, ana answer- able and chargeable for and with the payment and dis- charge of all of said outstanding obligations at the time of the filing of the petition for the exclusion of said land, as fully as though said petition for such exclusion were never filed and said order or decree of exclusion never made; and for the purpose of discharging such outstand- ing indebtedness, said lands so excluded shall be deemed and considered as part of said irrigation district the same as though said petition for its exclusion had never been filed or said order or decree of exclusion never made; and all provisions which may have been resorted to to compel the payment by said lands of its quota or portion of said outstanding obligations, had said exclusion never been accomplished, may, notwithstanding said exclusion, be resorted to to compel and enforce the payment on the part of said lands of its quota and portion of said out- standing obligations of said irrigation district for which it is liable, as herein provided. But said land so excluded shall not be held answerable or chargeable for any obliga- tion of any nature or kind whatever, incurred after the IRRIGATION. 537 filing witli the board of directors of said district of the petition for the exclusion of said lands from the said dis- trict; provided, that the provisions of this section shall not apply to any outstanding bonds, the holders of which have assented to the exclusion of such lands from said district, as hereinbefore provided. INCLUSION OF LANDS. Sec. 85. The boundaries of any irrigation district now organized or hereafter organized under the provisions of this act may be changed in the manner herein prescribed; but such change of the boundaries of the district shall not impair or affect its organization, or its rights in or to property, or any of its rights or privileges of whatsoever kind or nature; nor shall it affect, impair, or discuarge any contract, obligation, lien, or charge for or upon which it was or might become liable or chargeable, had such change of its boundaries not been made. Sec. 86. The holder or holders, of title, or evidence of title, representing one half or more of any body of lands adjacent to the boundary of an irrigation district, which are contiguous, and which, taken together, consti- tute one tract of land, may file with the board of directors of said district a petition, in writing, praying that the boundaries of said district may be so changed as to include therein said lands. The petition shall describe the bound- aries of said parcel or tract of land, and shall also describe the boundaries of the several parcels owned by the peti- tioners, if the petitioners be the owners, respectively, of distinct parcels, but such descriptions need not be more particular than they are required to be when such lands are entered by the county assessor in the assessment book. Such petition must contain the assent of the peti- tioners to the inclusion within said district of the parcels or tracts of land described in the petition, and of which said petition alleges they are, respectively, the owners; and it must be acknowledged in the same manner that conveyances of land are required to be acknowledged. Sec. 87. The secretary of the board of directors shall cause a notice of the filing of such petition to be given and published in the same manner and for the Lame time that notices of special elections for the issue of bonds are required by this act to be published. The notice shall state the filing of such petition and the names of the 538 IRRIGATION. petitioners, a description of the lands mentioned in said petition, and the prayer of said petition; and it shall notify all persons Interested in, or that may be affected by such change of the boimdaries of the district, to appear at the oflBce of said board, at a time named in said notice, and show cause in writing, if any they have, why the change in the boimdaries of said district, as proposed in said petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioners shall advance to the secretary sufficient money to pay the estimated costs of all proceedings under this act. Sec. 88. The board of directors, at the time and place mentioned in the said notice, or at such other time or times to which the hearing of said petition may be ad- journed, shall proceed to hear the petition, and all the objections thereto, presented in writing by any person, showing cause as aforesaid why said proposed change of the boundaries of the district should not be made. The failure by any person interested in said district, or in the matter of the proposed change of its boundaries, to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to a change of the boundaries of the district as prayed for in said petition, or to such a change thereof as will include a part of said lands. And the filing of such petition with said board, as afore- said, shaM be deemed and taken as an assent on the part of each and all of such petitioners to such a change of said boundaries that they may include the whole or any portion of the lands described in said petition. Sec. 89. The board of directors to whom such petition is presented, may require, as a condition precedent to the granting of the same, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated (the several amounts to be determined by the board), as said petitioners or their grantors would have been required to pay to such district as assessments, had such lands been included in such dis- trict at the time the same was orginally formed. Sec. 90. The board of directors, if they deem it not for the best interests of the district that a change of its IRRIGATION, 539 "boundaries be so made as to include therein the lands mentioned in the petition, shall order that the petition be rejected. But if they deem it for the best interests of the district that the boundaries of said district be changed, and if no person interested in said district or the proposed change of its boundaries shows cause, in writing, why the proposed change should not be made, or if, hav- ing shown cause, withdraws the same, the board may order that the boundaries of the district be so changed as to include therein the lands mentioned in said petition or some part thereof. The order shall describe the bound- aries as changed, and shall also describe the entire boundaries of the district as they will be after the change thereof as aforesaid is made; and for that puipose the board may cause a survey to be made of such portions of such boundary as is deemed necessary. Sec. 91. If any person interested in said district, or the proposed change of its boundaries, shall show cause as aforesaid why such boundaries should not be changed, and shall not withdraw the same, and if the board of directors deem it for the best interests of the district that the boundaries thereof be so changed as to include therein the lands mentioned in the petition, or some part thereof, the board shall adopt a resolution to that effect. The resolution shall describe the exterior boundaries of the lands which the board are of the opinion should be in- cluded within the boundaries of the district when changed. Sec. 92. Upon the adoption of the resolution mentioned in the last preceding section, the board shall order that an election be held within said district, to determine whether the boundaries of the district shall be changed as mentioned in said resolution; and shall fix the time at which such election shall be held, and cause notice thereof to be given and published. Such notice shall be given and published, and such election shall be held and con- ducted, the returns thereof shall be made and canvassed, and the result of the election ascertained and declared, and all things pertaining thereto conducted in the manner prescribed by said act in case of a special election to determine whether bonds of an irrigation district shall be issued. The ballots cast at said election shall contain the words "For change of boundary," or "Against change of boundary," or words equivalent thereto. The notice 540 IRRIGATIOX. of election shall describe the proposed change of the boundaries in such manner and terms that it can readily be traced. Sec. 93. If at such election a majority of all the votes cast at said election shall be against such change of the boundaries of the district, the board shall order that said petition be denied, and shall proceed no further in that matter. But if a majority of such votes be in favor of such change of the boundaries of the district, the board shall thereupon order that the boundaries be changed in accord- ance with said resolution adopted by the board. The said order shall describe the entire boundaries of said district, and for that purpose the board may cause a survey of such portions thereof to be made as the board may deem neces- sary. Sec. 94. Upon a change of the boundaries of a oistrict being made, a copy of the order of the board of directors ordering such change, certified by the president and sec- retary of the board, shall be filed for record in the re- corder's office of each county within which are situated any of the lands of the district, and thereupon the aistrict shall be and remain an irrigation district, as fully, and to every intent and purpose, as if the lands which are included in the district by the change of the boundaries, as aforesaid, had been included therein at the original organization of the district. Sec. 95. Upon the filing of the copies of the order, as in the last preceding section mentioned, the secretary shall record in the minutes of the board the petition aforesaid; and the said minutes, or a certified copy thereof, shall be admissible in evidence, with the same effect as the peti- tion. Sec. 96. A guardian, an executor, or an administrator of an estate, who is appointed as such under the laws of this state, and who. as such guardian, executor, or ad- ministrator, is entitled to the possession of the lands be- longing to the estate which he represents, may, on behalf of his ward, or the estate which he represents, upon being thereunto authorized by the proper court, sign and ac- knowledge the petition in this act mentioned, and may show cause, as in this act mentioned, why the boundaries of the district should not be changed. Sec. 97. In case of the inclusion of any land within IRRIGATION. 541 any district by proceedings under tins act, the board of directors must, at least thirty days prior to the next suc- ceeding general election, make an order redividing such district into three or five divisions, as the case may re- quire, as nearly equal in size as may be practicable, which shall be numbered first, second, third, and so on, and one director shall thereafter be elected by each division. For the purposes of elections, the board of directors must establish a convenient number of election precincts in said districts, and define the boundaries thereof, which said precincts may be changed from time to time, as the board may deem necessary. REDUCTION OF BONDED INDEBTEDNESS. Sec. 98. Whenever the board of directors of an iiTiga- tion district heretofore organized, or hereafter organized under the provisions of tiiis act, shall determine that the authorized bonded indebtedness of such irrigation district is greater than such district is liable to need to complete its system as planned, and there be no outstanding bonds, the board of directors may call a special election for the purpose of voting upon a proposition to reduce such bonded indebtedness to such sum as the board may determine to be sufiicient for such purpose. Sec. 99. Notice of the said election shall be given in the same manner as provided in section thirty of sa^d act, in relation to calling special elections for issuance of bonds. The notice of election must state the amount of the authorized bonded indebtedness of such district, and the amount to which it is proposed to reduce the same; also, the date on which said election will be held, and the polling-places, as established by said board of directors. The ballots cast at said election shall contain the words, "For reducing bonds — Yes," or, "For reducing bonds — No." When the vote is canvassed by the board of di- rectors and entered of record, if a majority of ihe votes cast shall be "For reducing bonds — Yes," then in that event the board of directors shall only be empowered to issue or sell such amount of bonds as was stipulated in the said notice of such special election; but if a majority of said votes are not "For reducing bonds — Yes," then the authority to issue bonds shall remain the same as before said special election was held. Sec. 991/0. In case there be outstanding bonds of any 542 IRRIGATION. district desiring to take advantage of the provisions ol this act concerning reduction of bonded indebtedness, the assent of sucli bondholders may be obtained to such reduction of the bonded indebtedness, in the same man- ner as provided in section seventy-nine of this act. If such assent is obtained in the manner therein provided, then, and in that event, such district shall be empowered to take advantage of all the Qi'ovisions of this act, but not otherwise. No reduction of the bonded indebtedness, as in this act provided, shall in any manner affect any order of court that may have been made, adjudicating and confirming the validity of said bonds. LEASE OF WATER. Sec. 100. Whenever any irrigation district, heretofore organized, or hereafter organized under the provisions of this act, in the development of its works as by law pro- vided, may have opportunity, without increased expen- diture, to utilize the water by it owned or controlled, for mechanical purposes not inconsistent with the provisions of said act, the board of directors may lease the same, as in this act hereinafter provided. Sec. 101. Whenever the board of directors may desire to lease the use of water, as hereinbefore stated, they shall pass a resolution of intention to so lease the same. Immediately thereafter the secretary shall cause notice of such intention to be given by publication in one news- paper published in each county in which lands of the district are situated, for at least twenty days (provided, a newspaper is published therein, otherwise in any news- paper the board of directors may select), and, if the board thinks proper in such other newspapers as may be deemed advisable, calling for bids for the leasing of said water for the purposes hereinbefore mentioned. Said notice shall state that the board will receive sealed proposals therefor, that the lease will be let to the highest respon- sible bidder, stating the time and place of opening said proposals. Sec. 102. At the time and place appointed the board shall proceed to open the proposals in public. As soon thereafter as may be convenient the board shall let said lease in portions, or as a whole, to the highest responsible bidder, or they may reject any or all bids, and readvertise for proposals for the same. IRRIGATION. 543 Sec. 103. The rental accruing upon said lease may vary from year to year, as shall be specified in said lease, and shall be payable semi-annually, on the thirtieth uay of December and thirtieth day of June of each year. All moneys collected, as in this act provided, shall be paid into the treasury, and be apportioned to such funds as may be deemed advisable. Sec. 104. The board shall have power, as in this act provided, to execute a lease for any period not exceeding twenty-five years. If at any time the rental shall not be paid on the days hereinbefore mentioned, the amount of such rental then due shall be doubled, and if not paid within ninety days thereafter, the said lease shall be forfeited to said district, together with any and all works consti'ucted, owned, used, or controlled by said lessee. Sec. 105. Upon the letting of any lease, as in this act provided, the board may require the lessee to execute a bond for the faithful performance of the covenants of said lease, or give such other evidence of good faith as in their judgment may be necessary. DESTRUCTION OF UNSOLD BONDS. Sec. 106. Whenever there remains in the hands of the board of directors of any irrigation district heretofore organized, or organized under the provisions of this act, after the completion of its ditch system, and the payment of all demands against such district, any bonds voted to be issued by said district, but not sold, and not necessary to be sold for the raising of funds for the use of such district, said board of directors may call a special election for the purpose of voting upon a proposition to destroy said unsold bonds, or so many of them as may be deemed best, or may submit such proposition at a general election. Sec. 107. Such election shall be held in the same manner as other elections held under the provisions of this act. A notice of such election shall be given in the same manner as provided in section thirty of this act in relation to calling special elections for the issuance of bonds. The notice of election must state the amount of the bonded indebtedness of such district authorized by the vote of the district, the amount of the bonds remain- ing unsold, and the amount proposed to be destroyed, and the date on which such election is proposed to be held, and the polling-places as fixed by the board of directors. 544 IRRIGATION. The ballots to be cast at such, election shall contain the words "For destroying bonds — Yes," and "For destroying bonds — No," and the voter must erase the word "No" in case he favors the destruction of bonds, otherwise the word "Yes." Sec. 108. When the vote is canvassed by the board of directors and entered of record, if a two-thirds majority of the votes cast should be found to be in favor of the destruction of said bonds, then the president of the board, in the presence of a majority of the members of the board, must destroy the bonds so voted to be de- stroyed; and the total amount of bonds so destroyed and canceled shall be deducted from the sum authorized to be issued by the electors of said district, and no part thereof shall thereafter be reprinted or reissued. SAVING CLAUSES. Sec. 109. Nothing in this act shall be so construed as to affect the validity of any district heretofore organized under the laws of this state, or its rights in or to property, or any of its rights or privileges of whatsoever kind or nature; but said districts are hereby made subject to the provisions of this act so far as applicable; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for, or upon which it was or might become liable or chargeable had not this act been passed; nor shall it affect the validity of any bonds which have been issued but not sold; nor shall it affect any action which now may be pending. Sec. 110. Nothing in this act shall be construed as re- pealing or in any wise modifying the provisions of any other act relating to the subject of irrigation or water .compiissioners, except such as may be contained in the act, an act entitled an act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes, ap- proved March seventh, eighteen hundred and eighty-seven, and the subsequent acts supplementary thereto, and amendatory thereof, all of which acts, so far as they may be inconsistent herewith, are hereby repealed. Sec. 111. This act shall take effect from and after its passage and approval. IRRIGATION. 545 ACT 1727. An act to provide for the issue and sale or exchange of funding bonds of irrigation districts organized under and in pursuance of an act of the legislature of the state of California entitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes," approved March 7, 1SS7, to pro- vide for the payment of such bonds, and for proceed- ings to test the validity of the same. [Approved April 1, 1897. Stats. 1897, p. 394.] Amended 1901, 514. Sees. 5-10 repealed 1901, 514. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever an irrigation district organized under the provisions of an act eniitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes," approved March seventh, eighteen hundred and eighty-seven, or said act and the acts supple- mentary thereto, or amendatory thereof, has otitstanding bonds, coupons, or other evidences of indebtedne.ss, the payment tliereof may be provided for by the issuance of new bonds, in the manner hereinafter prescribed. Sec. 2. A majority in number of the holders of title, or evidences of title to real property in any irrigation district, subject to assessment, such holders of title, or evidences of title, representing a majority in value of the real property of such district according to the equalized assessment roll or rolls of such district for the year last_ preceding, may propose the funding of such bonds, coupons, or other evidences of indebtedness. Said equalized assess- ment roll or rolls shall be sufficient evidence of title for the purposes of this act. Sec. 3. In order to propose the funding of stich bonds, coupons, or other evidences of indebtedness, a petition shall be presented to the board of directors of such irrigation district, signed by a majority in number of holders of title, or evidences of title to real property in such district, and representing a majority in value of the real property of said district, subject to assessment for 546 IRRIGATION. district purposes, whicli petition shall set forth the amount of bonds, coupons, or other evidences of indebtedness proposed to be funded, together with a general description of same, also the total amount of the bonds sought to be issued (provided, that said amount shall in no case be greater than the total amount of bonds, coupons, anu other -evidences of indebtedness then outstanding and sought to have funded), together with a full and complete statement of the purposes for which such bonds are to be used. On presentation of such petition, the same shall be entered in full on the minutes of the board. Sec. 4. Immediately after the recording of said petition the board of directors shall call a special election, at which shall be submitted to the electors of such district the question whether or not the bonds of such district, in the amount set forth in said petition, shall be issued. Notice of such election must be given by the secretary of said district by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such notice in some news- paper published in the county, where the office of the board of directors of such district is required to be kept, once a week for at least three successive weeks before such election. Such notice must specify the time of hold- ing the election, the amount of bonds proposed to be issued, the amount of bonds, coupons, or other evidences of indebtedness proposed to be refunded, together with a general description of the same. Said election shall be held and the result thereof determined and declared in all respects as nearly as practicable In conformity with the provisions governing the election of officers; as provided by the law governing irrigation districts at the time of the holding of the election herein provided for; provided, that no informalities in conducting such an election shall invalidate the same, if the election shall have been other- wise fairly conducted. At such an election the ballot shall contain the words "Bonds — Yes," or "Bonds — No," or words equivalent thereto. If two thirds of the votes cast at such election are "Bonds — Yes," the board of di- rectors shall direct and cause bonds in said amount to be issued. If more than one third of the votes cast at such election are "Bonds— No," the result of such election shall be so declared. The result in either case shall be duly IRRIGATION. 547 entered of record. [Amendment approved March 16, 1901. Stats. 1901, p. 514. In effect immediately.] Sees. 5, 6, 7, 8, 9, 10. Repealed. [Act approved March 16, 1901. Stats. 1901, p. 515. In effect immediately.] Sec. 11. If said bonds are directed to be issued as here- in provided for, the board of directors shall cause the same to be issued. Said bonds shall be made payable in gold coin of the United States, and in twenty series, as follows, to wit: On the first day of January after the expiration of twenty years, five per cent of the whole amount of said bonds, and on the first day of January of each year thereafter, an equal amount of such bonds until all shall have been finally paid; that is, five per cent of ihe whole issue of bonds — not five per cent of each bond — each being wholly payable when due. Said bonds shall bear interest at the rate of five per cent per annum, payable semi- annually on the first day of January and July of each year. They shall be negotiable in form, and shall be of denominations of not less than one hundred dollars, nor more than five hundred dollars. Said bonds shall in all respects conform to the form of bonds prescribed by the laws governing irrigation districts at the time of their issue; except as herein otherwise provided. Sec. 12. It shall be unlawful to sell or exchange any of the bonds issued as herein provided, for less than their par value. Sec. 13. When bonds issued under this act shall be duly executed, they shall be deposited with the treasurer of the district, and his receipt shall be taken therefor, and he shall be charged with the same on his official bond, and shall have no power to deliver the same in exchange for any bonds or indebtedness proposed to be funded until the bonds or evidence of indebtedness proposed to be funded shall have been surrendered to him, and he shall have been ordered by the board of directors of the district, by an order duly entered on their records, to make such delivery. When such bonds have been exchanged for other bonds, coupons, or other evidences of indebtedness, the treasurer shall at once cancel such other bonds, coupons, or other evidences of indebtedness by writing across the face thereof "Canceled," and the date of can- cellation, and report the same with his monthly report to the board of directors of the district, designating the 548 IRRIGATION. bond, coupon, or other evidence of indebtedness, so that it can be identified, the date of cancellation, and the person from whom it was received, together with the amount paid therefor, or the terms of exchange, in case there is an exchange. Sec. 14. When said bonds are issued for the purpose of sale to the highest bidder, the board may sell said bonds from time to time, in such quantities as may be necessary and most advantageous, to raise money to pay bonds, coupons, or other evidences of indebtedness of the district which were outstanding at the time of the filing of said petition, and generally described therein. Before making any sale, the board shall at a meeting, by resolution, de- clare its intention to sell a specified amount of bonds, which resolution shall be entered in the minutes, and no- tice of the sale shall be given by publication thereof for at least three weeks in a newspaper published in the county in which the ofiice of the board of directors is kept. The notice shall state that sealed proposals will be re- ceived hy the board at its office for the purchase of bonds till the day and hour named in the resolution. At the time appointed the board shall open the proposals and award the purchase of bonds to the highest responsible bidder, or may reject all bids; but said bonds snail in no event be sold for less than their par value, including accrtied interest. All moneys realized from the sale of bonds issued under the provisions of this act shau be paid into the hands of the district treasurer, and by him kept in a separate fund, known as the funding fund, and shall be applied exclusively to the payment of bonds, coupons, or other evidences of indebtedness of the district out- standing at the time of filing the said petition, and de- scribed therein. Sec. 15. At the time fixed for the levying of assessments for other purposes authorized by the district irrigation law then in force, there shall be levied an assessment suf- ficient in amount to pay the principal and interest then due and unpaid on any bonds issued by authority of this act, and also the amount to become due on any such bonds during the year following such levy. The assessment so levied shall be computed and entered in the assessment roll in the same manner, and shall be collected at the same time and in the same manner as other assessments IRRIGATION. 549 authorized by the district Irrigation law then in force, and when collected, shall be paid into the district treasury, for the purposes herein authorized; and all the provisions of said district irrigation law relating to the collection of assessments and the sale and redemption of property therefor shall be applicable to the assessments levied un- der this act. Sec. 16. The bonds issued as herein provided for may be exchanged, at not less than their par value, for any of the indebtedness set out and described in the notice of the election authorizing the issuance of said refunding bond. A contract for such exchange may be made by the board of directors upon such terms as said board may deem advisable; provided that they must receive not less than the par value for the bonds so exchanged. ^Amendment approved March 16, 1901. Stats. 1901, p. 515. In effect im- mediately.] Sec. 17. Whenever there remains in the hands of the treasurer of any district any funding bonds voted to be issued by said district, but not used, and not necessary to be used for the funding purposes set out and described in the petition for the issuance of said bonds, then said board of directors, shall at a regular meeting, within three months after the completion of the funding, cause the same to be destroyed and a record to be made thereof, and the total amount of bonds so destroyed and canceled shall be deducted from the sum authorized to be issued by the electors of said district, and no part thereof shall be thereafter reprinted or reissued. Sec. 18. Any bonds issued under the provisions of this act shall be a lien upon the real property of the district, and said bonds and the interest thereon shall be paid by revenue derived from an annual assessment upon the real property of the district, and all the real property m said district shall be and remain liable to be assessed for such payments as hereinbefore provided. [Amendment ap- proved March 16, 1901. Stats. 1901, p. 515. In effect im- mediately.] Sec. 19. This act shall take effect from and after its passage. 550 IRRIGATION. ACT 1728. An act to provide for the redemption of property which has been heretofore sold to irrigation districts for delinquent assessments. [Approved March 10, 1891. Stats. 1891, p. 53.] Section 1. In all cases where property has heretofore been sold for delinquent assessments, under the provisions of the act of March seventh, eighteen hundred and eighty- seven, providing for the organization of irrigation districts, and an irrigation district nas become the purchaser, and has not disposed of the same, the person whose estate has been sold, or his heirs, executors, administrators, or other successors in interest, may redeem such property by paying to the treasurer of the district wherein the property is situated the amount of assessments due thereon at the time of the sale, with interest thereon at the rate of two per cent per month; and also all assessments that were a lien upon said property at the time said assess- ments became delinquent; and also for each year since the sale for which assessments on said property have not been paid, an amount equal to the percentage of assessments for that year, upon the value of said real estate assessed for the year of the sale, with interest from the first day of January of each of said years, respectively, at the same rate; and also all costs and expenses, and fifty per cent penalty, which may have accrued by reason of such de- linquency and sale, and the costs and expenses of re- demption, as herein specified. The board of directors of any district shall, on the application of any person de- siring to redeem under the provisions of this act, make an estimate of the amount to be paid, and shall, by a resolu- tion entered on their minutes, authorize the treasurer of the district, on the receipt of the amount determined by them, to give him triplicate certificates of the amount, specifying the several amounts thereof, one of which cer- tificates shall be filed with the secretary of the district, one with the county recorder of the county in which the land is situated, and one with the treasurer of the dis- trict, to whom payment of the money shall be made, on the issuance of said certificates. The county recorder shall be paid by the redemptioner, for filing and recording said certificate, the sum of two dollars, and upon the filing of such receipt with the recorder any deed or certificate of IRRIGATION. 551 sale that may have been made to the district shall become null and void; and all right, title, and interest acquired by the district under and by virtue of the assessment sale shall cease and determine. The receipt of the treasurer of the district herein provided for shall be recorded in the recorder's office of the county in which said property is sit- uated, in the book of deeds, and the record thereof shall have the same effect as that of a deed of reconveyance of the interest conveyed by said deed or certificate of sale. Sec. 2. This act shall take effect immediately. ACT 1720. An act to provide for the leasing and disposition of water for generation of power for mechanical purposes, by irrigation districts organized or to be organized under and pursuant to an act entitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for tne distribution of water thereby for irrigation purposes," approved March 7, 186Y. [Approved March 23, 1893. Stats. 1893, p. 295.] See Statutes of 1897, 254, sees. 100-105, pp. 542, 543, post. Section 1. Whenever any ii-rigation district formed, or to be formed, under and pursuant to the provisions of an act entitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the dis- tribution of water thereby for irrigation purposes," ap- proved March seventh, eighteen hundred and eighty-seven, in the development of its works, as in said act provided, may have opportunity, without increased expenditure, to utilize the water by it owned or controlled for mechanical purposes not inconsistent with the provisions of said act, the board of directors may lease the same, as in this act hereinafter provided. Sec. 2. Whenever the board of directors may desire to lease the use of water, as hereinbefore stated, they shall pass a resolution of intention to so lease the same. Immediately thereafter the secretary shall cause notice of such intention to be given by publication in one news- paper published in each county in wnich lands of the district are situated for at least twenty days (provided, a newspaper is published therpip, >B illri foote for Ite jmiJHi. II liuj of s^L. =e:l. ei^s.. szif TPafhfTs; lo reeosrmaid ^KSiiocs of s.-.- ■>.~iTL ktit = to ti-e : ^ IX :2i£ pazl~r:r iLisresis of iri= ti-ai lie ga.?" %Ti i.=r=ry ^Sii^osiec rrxj t: iZ xrQe- r:nr- Sec S. The ssiz tztiizr -"•" f.~ i»e -crier iri= stpsrTisir- ".; 'r^ issued b-zZ^—Ts of i3:icini_E.rrcL regzrr^g the csre Set 4. Witrir. :"~rr:j' cjijs sfrer ti.r Ta^as? of ttt? siiZ be frc~ lic sT.y.~ af jcafessriTs i^: -zirr ^^.rJeiiLjmJ i^v^sj^^ient ci ■£:■? TTurr-er^^ of ri%r-'- ^-i n " il et-t one s prae- tiril >M:l':ry rfiiser. "^ilir ss5i psrsris sLiZ 'yntStlt.Pte & - :sj-i rr -■ isjri-- -u? seaejs Eni serizre & s^re cc uoi I-ess See. ;.- j=-^ 7 ".T tie Ese a: xite szs- ucr iiererj ;- rr tie cor^ral cc tbe Sa:. iL Tie ?Z2^ :z t-- ioZtrs is bereiy sr- :"_Tr-;.fT :;. t: :-_ -1 ; . :« s5C''Eri::c ^e seoesstry s^te. :-ZL ;;- - " : - ^r- ~y ~TiL^^g stc CiZfarrii, pDiCiry r :- - ~ 7- r 1 ' r ^ r ££ jCTTioec ^3" tiis trt. Of Tie syn nr-rr -. tie v Tt i cf Tvr ':±}r'3SEsf £t^ iiix- f ETEiiEh:? ^irrlrr lie isnal j^et aiiue- ~rrei f;«Xir, sj>£ tt;; be &T%fiaitJe .cciaic 1006 PRESTON SCHOOL OF INDUSTRY— PRISONS. draw his warrants for the sum herein appropriated in favor of the treasurer of the regents of the University of Cali- fornia, and the state treasurer is hereby directed to pay the same. Sec. 8. This act shall take effect immediately. TITLE 374. PRESTON SCHOOL OP INDUSTRY. ACT 2753. To establish the Preston school of industry, and to pro- vide for the management and maintenance of the same. [Stats. 1889, p. 100.] Amended 1S93, 39. In full in Appendix to Penal Code, p. 657. ACT 2754. To provide for the purchase of additional land for. [Stats. 1S97, p. 422.] In full in Penal Code, Appendix, p. 668. ACT 2755. To prevent evil-disposed persons from coming upon the grounds of the Whittier state school or the Preston school of industry. [Stats. 1895, p. 92.] In full in Penal Code, Appendix, p. 688. ACT 2756. Relating to the commitments to the state school at Whit- tier, and to the Preston school of industry; fixing the authority to examine and commit to such schools with the superior court judges of the counties and fix- ' ing the responsibilities from which commitments are made to the state for maintenance of the persons com- mitted therefrom; providing the manner of payment thereof and fixing the responsibility of the parents to the counties from which their children are committed. [Stats. 1895, p. 122.] In full in Appendix to Penal Code, p. 686. TITLE 375. ACT 2760. PRISONS. To provide for a branch state prison at Folsom. [Stat*. 1873-4. p. 7cS5.] This act appears in full in Penal Code, Appendix, p. 708. PRISONS. 1007 ACT 2761. For the government of tlie state prison convicts and to provide for the location of a branch prison. [Stats. 1858, p. 295.] ACT 2762. Regulating and governing state prison. [Stats. 1875-6, p. 832.] Repealed by the constitution of 1879, 1880. 67, chap. LXXI: 1889, 404. ACT 2763. To regulate and govern the state prisons. [Stats. 1889, p. 404.] This act appears in full In Penal Code, Appendix, p, 691. ACT 2764. Concerning conveyances. [Stats. 1862, p. 496.] This act provided for the acknowledgments of deeds and instru- ments by prisoners. Compare sec. 675, Penal Code. ACT 2765. To provide for the erection and operation of rock-crushing plants at the state prisons, for the preparation of high- way material for the benefit of the people of the state and providing for the necessary advances and appro- priation of money to carry out said work, [Stats. 1895, p. 274.] This act appears In full in Penal Code, Appendix, p. 710. ACT 2766. Authorizing the state board of prison directors to pur- chase California-grown hemp to be used in the manu- facture of grain bags, and to fix the price at which such bags shall be sold. [Stats. 1901, p. 515.] This act appears in full in Penal Code, Appendix, p. 716. ACT 2767. Providing for furnishing to sheriffs and chiefs of police of certain information, descriptions and photographs of convicts about to be discharged from state prison. [Stats. 1897, p. 213.] ACT 2768. Providing for the confinement of prisoners of the United States. [Stats. 1856, p. 29.] Supplemented 1863-4, 24. Supersedea by Penal Code, sec. 1581. 1008 PRISONS. ACT 2769. To provide for the erection at Folsom state prison of a building for the accommodation of the insane pris- oners and making an appropriation therefor. [Stats. 1903, p. 519.] ACT 2770. To provide for the erection at San Quentin of a building to accommodate insane prisoners. [Stats. 1889, p. 419. J Repealed 1893, 148. ACT 2771. To provide for the construction of a sewerage system at the state prison at Folsom. [Stats. 1899, p. 29.] ACT 2772. To regulate and govern the operation of the rock-crushing plant at the Folsom state prison, to provide for the sale of crushed rock and the disposition of the reve- nues derived therefrom. [Stats. 1897, p. 99.] This act appears in full in Penal Code, Appendix, p. 713. ACT 2773. Directing the state prison directors of the state of Cali- fornia to employ at least twenty prisoners in the con- struction of roads to the state prisons at San Quentin and at Folsom. [Approved March 12, 1903. Stats. 1903, p. 127.] This act can be found in the Appendix to the Penal Code, p. 719. ACT 2774. Directing the state prison directors to employ at least twenty prisoners in the construction of roads to the state prison at San Quentin. [Stats. 1893, p. 141.] Probably superseded by the act of 1903, 127. See act 2773, ante. ACT 2775. An act creating the office of matron of the jail or prison in and for cities and towns of the first, first and one half, second, and third classes, wherein official ma- trons or their duties are not now provided for by law, defining the duties and powers and fixing the term of office and compensation of, and providing for the appointment of, and the giving of official bond by, such matron. [Approved March 23, 1901. Stats. 1901, 573.] PRISONS. 1009 The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Public welfare and present necessity in the several cities and towns in this state of the first, first and one half, second, and third classes, requiring that in such cities and towns there should be an official matron of the city or town jail or prison therein, the oSice of ma- tron of the city or town jail or prison is hereby created in and for those several cities and towns in this state of the first, first and one half, second, and third classes, and concerning which there is now no provision of law for the office of, or prescribing the duties of, matron of the jail or prison of such city or town; and the duties and pov/ers of such matron in such cases shall be as follows: She shall have free access at all reasonable times to the immediate presence of all female prisoners in the jail or prison of which she is the official matron, including the right of per- sonal visitation and conversation with them; and, in all cases of searching the person of female prisoners therein, such matron exclusively shall make such search; and the matron shall, by example, advice an^ admonition employ her best abilities at ah times to secure and promote the health, welfare and reformation of all such prisoners. The term of office of such matron shall be two years from her appointment and qualification and until ner successor is appointed and qualified. Sec. 2. The legislative board or body of each such city or town, referred to in section one of this act, is hereby authorized and empowered to appoint, and to provide for the payment of the compensation of, a matron of the jail or prison in and tor the city or town of which such board or body is the governing board or body, and to specify the conditions and fix the amount of the matron's official bond, to be approved by such board or body. Sec. 3. The compensation of such matrons, hereby regulated in proportion to the duties to be discharged, shall be as follows, payable monthly: In and for such cities of the first class, seventy-five dollars per month; in and for such cities of the first and one half class and of the sec- ond class, sixty-five dollars per month; in and for such cities of the third class, fifty dollars per month. Sec. 4. To further the carrying into effect of the au- thority herein conferred and in furtherance of the dis- Gen. Laws — 43. 1010 PRIZE-FIGHTING— PROCESS. charge of the duties of such matrons, it is hereby enacted that no officer, deputy, policeman, constable, jailer, keeper, guard or person having charge or control of the jail or prison of any such city or town, referred to in section one of this act, shall refuse the matron, duly appointed and qualified hereunder, free access at all reasonable times to the immediate presence of all female prisoners therein, including the right of visitation and conversation with them, or in such jail or prison allow the searching of the person, in the case of a female prisoner, to be made except by such matron of such jail or prison, or obstruct the perform- ance by such matron of her official duties in such jail or prison as those duties may be specified under the authority of this act or of law. Sec. 5. All acts and parts of acts inconsistent with this act are hereby repealed. Sec. 6. This act shall take effect immediately. TITLE 376. ACT 27S0. PRIZE-FIGHTING. To prohibit prize-fighting. [Stats. 1893, p. 101.] Superseded by Penal Code, sec. 412, as amended 1899, 153, TITLE 377. .r-rw, 0.^0.- PROBATE COURTS In relation to probate sales. [Stats. 1865-6, p. 824.] This act ratified void sales of real estate. It was declared unconstitutional in Pryor v. Downey, 50 Cal. 388. TITLE 378. ACT 2790. PROCESS. Execution of final process in new counties. [Stats. 1873-4, p. 365.] This act appears in full in Code of Civil Procedure, Appendix, p. 780. ACT 2791. To declare valid writs, processes, and certificates issued by the superior courts and the clerks thereof, before the courts had been legally provided with seals. [Stats. 1880, p. 19.] This act appears in full in Code of Civil Procedure, Appendix, p. 781. PROSTITUTION— PROTECTION DISTRICTS. 1011 TITLE 379. ACT 2796. PROSTITUTION. To prevent the placing, keeping, or leaving of married women in houses of prostitution. [Stats. 1891, p. 285. J Oal.Rep.Cit. 116, 77. This act appears in full In the Penal Code, Appendix, p. 654. ACT S797. To prevent compulsory prostitution of women, and the im- portation of Chinese or Japanese women for immoral purposes, and to provide penalties therefor. [Stats. 1893, p. 217.] This act appears in full in the Penal Code, Appendix, p. 653. TITLE 380. ACT 2802. PROTECTION DISTRICTS. To protect lands not recognized as swamp lands, from overflow. [Stats. 1880, p. 55.] Amended 1889, 366. "Unconstitutional in some respects. (Hutson v. Protection Dis- trict, 79 Cal. 90.) Probably superseded by 1895, 247."— Code Com- missioners' note. This act provided for the formation of protection districts. ACT 2803. Providing for the dissolution and annulment of swamp and overflowed land reclamation and protection dis- tricts for non-user of corporate powers. [Stats. 1899, p. 13.] ACT 2804. An act to provide for the formation of protection districts in the various counties of this state, for the improve- ment and rectification of the channels of innavigable streams and water-courses, for the prevention of the overflow thereof, by widening, deepening, and straight- ening and otherwise improving the same, and to au- thorize the boards of supervisors to levy and collect assessments from the property benefited to pay the expenses of the same. [Approved March 27, 1895. Stats. 1895, p. 247.] Amended 1897, 219; 1903, 328. The people of the state of California, represented in senate and assembly, do enact as follows: 1012 PROTECTION DISTRICTS. Section 1. "Whenever the board of supervisors of any county in this state may deem it proper to improve and rectify the channel of any innavigable stream or water- course within the county, and to prevent the overflow of such stream by widening, deepening, or straightening its course, or by erecting levees or dikes upon its banks, the board may, upon a petition of ten property holders of the district to be affected by such improvements, pass a reso- lution signifying its intention to improve such innavigable stream or water-course, describing the exterior boundaries of the district of lands to be affected or benefited by such work or improvement, and to be assessed to pay the dam- ages, cost, and expenses thereof, the character of work or improvement contemplated, and the place where the pro- posed work or improvement is to be done. Such resolution shall also contain a notice, to be published, which notice shall be headed "Notice of intention of the board of super- visors to form a protection district," and shall state the fact of the passage of such resolution, with the date there- of, and briefly, the work or improvement proposed, and the statement that it is proposed to assess all property affected or benefited by such improvement for the expenses there- of, and refer to the resolution for further particulars. Such notice to be given by the board of supervisors, and signed by its clerk. Sec. 2. Such notice shall be published for a period of thirty days, in one daily newspaper published and cir- culated in such county, and designated by said board of supervisors; or if there is no daily newspaper so pub- lished and circulated in said county, then by four succes- sive insertions in a weekly or semi-weekly newspaper so published, circulated, and designated. Sec. 3. Any person interested, objecting to such work or improvement, or to the extent of the district of lands to be affected or benefited by such work or improvement, and to be assessed to pay the costs and expenses thereof, may make written objections to the same within ten days after the expiration of the time of the publication of said notice, which objection shall be delivered to the clerk of said board of supervisors, who shall indorse thereon the date of its reception by him, and at the next regular meet- ing of such board of supervisors, or at an adjourned meet- ing, or a special meeting called for that purpose, after PROTECTION DISTRICTS. 1013 the expiration of said ten days, lay sucli objections before said board of supervisors, wMch shall fix a time for hear- ing said objection, not less than fifteen days thereafter, and direct its clerk to notify each person objecting of such day fixed for hearing, by depositing a notice thereof in the post office at the county seat of such county, postage pre- paid, addressed to such person objecting, which said no- tice shall be deposited in the postofiice not less than ten days before the day set for hearing. Sec. 4. At the time specified or to which the hearing may be adjourned, the board of supervisors shall hear the objections urged and pass upon the same. Such board may, in its discretion, sustain, in whole or in part, any or all of the objections made and filed, and may change or alter the boundaries of such district to conform to the needs of the district, and may, in their discretion, declare such protection district formed as a subdivision of such county, and shall designate such district by name as the protection district of county, and thereafter the board of supervisors shall be deemed to have ac- quired jurisdiction to purchase or receive by donation, in the name of the district, any real or personal property necessary to properly carry out the purposes of the forma- tion of such district, under the same rules as govern the purchase of property in the name of the county; but no district shall be formed wherein a majority of the prop- erty-holders within its limits protest in writing against such action. Sec. 5. The board of supervisors of such county shall also have power to condemn land for the purpose of widen- ing, deepening and straightening any innavigable stream flowing through such protection district, or forming a boundary, or any part of a boundary thereof, and for that purpose all the provisions of part three, title seven, of the Code of Civil Procedure are hereby made applicable to the exercise of the right of eminent domain for such pur- poses, or to any other purpose necessary to the needs of such district when formed; provided, that nothing in this act shall be construed as interfering, conflicting or abrogating reclamation districts now established by law. Whenever such innavigable stream or watercourse forms, or the portion thereof deemed proper or necessary to be improved and rectified by widening, deepening or straight- 1014 PROTECTION DISTRICTS. ening its course, or by erecting levees or dikes upon its bank, forms the boundary line between any two or more counties in tliis state, the petition shall first be presented to the board of supervisors of the county in which the greatest portion of lands within the proposed district are situated, signed by at least twenty of the property holders of the district, ten (10) from each of the counties to be affected, which petition shall set forth and particularly describe the proposed boundaries of such district and the other matters required by section one of the act of which this act is amendatory, and shall pray for a district to be organized under said act; and when the board of super- visors of any one of said counties has acquired jurisdiction, as provided in section four of the act of which this act is amendatory, the board of supervisors of each of the other counties, when notified, shall proceed to improve and rectify the channel of said stream or watercourse, so as to prevent the overflow of such stream or water- course, and in accordance with the terms of said act of which this act is amendatory. And if, after notice, given in writing by the board of supervisors of the county so first acquiring jurisdiction to the board of supervisors of said other counties, either or any county so notified shall fail for sixty days to proceed to take all necessary steps under said act for the prevention of the overflow of such stream, by widening, deepening or straightening its course, or by erecting levees or dikes upon its banks, the board of supervisors having obtained jurisdiction as above provided, and giving such notice shall proceed under the terms of said act to improve and rectify the channel of such stream or watercourse, by widening, deepening, or straightening its course, or by erecting levees or dikes upon its banks, and collect by law, from the county or counties so notified, its proportion of the costs and expenses of said improve- ment, which shall not exceed in the case of any county one quarter of the total cost thereof; provided, said amount shall not exceed in any case for any one county the sum of twenty-five hundred dollars. Nothing herein shall au- thorize the alteration of the boundary lines of any county, and said boundary lines shall remain as they are at pres- ent. Thereafter all costs of every nature that may be incurred or made necessary in the keeping up or preserva- tion of any work or improvement done under the provisions PROTECTION DISTRICTS. 10l5 of this section shall be borne by the counties affected by such work or improvement, and the lauds within said dis- trict in the proportion provided in section 10 of this act. [Amendment approved March 20, 1903. Stats. 1903, p. 328. In effect immediately.] Sec. 6. Having acquired jurisdiction, as provided in section four hereof, the board of supervisors shall cause a survey of said contemplated improvement to be made, or adopt a survey already made; and a map of the survey must be adopted by such board, and thereafter such sur- vey and map shall be the plans to be followed in making such improvements; provided, that at any time after the adoption of such survey and map, and before any commis- sioners' report of the assessment of benefits and award of damages has been finally adopted and confirmed by the board of supervisors as provided for by section sixteen of this act, said board of supervisors may rescind their action in adopting such survey and map, and may adopt others in place thereof, or, by the affirmative vote of not less than four fifths of all its members, said board may aban- don its contemplated improvement and disorganize and abolish such protection district, in which case the pre- liminary expenses already incurred for advertising and surveying shall be a county charge. [Amendment ap- proved March 27, 1897. Stats. 1897, p. 219. In effect immediately.] Sec. 7. After adopting such survey, the board of super- visors shall appoint three commissioners to assess benefits and damages, to estimate the total cost of making the proposed improvements and performing such proposed work, which estimate shall include all expenses of every kind incurred or to be incurred, either directly or indi- rectly, in carrying out the said work and improvements. Before entering upon the discharge of their duties as such commissioners, they shall each take and subscribe to an oath to perform the duties of such commission to the best of their abilities, and shall each file, with the clerk of the board of supervisors, a bond to the state of California, in the sum of three thousand dollars, to faithfully perform the duties of his office as such commissioner, which said bond must be approved by the chairman of the board of supervisors. The board of supervisors may, at any time, remove any or all of said commissioners for cause, upon 1016 PROTECTION DISTRICTS. reasonable notice and hearing, and may fill any vacancies occurring among them from any cause. Sec. 8. The commissioners shall have all powers neces- sary and proper to carry out the provisions of this act, and the act of a majority shall be the act of the board. Sec. 9. All such charges and expenses shall be deemed as expenses of said work or improvement, and be a charge only upon the funds devoted to the particular work or im- provement as provided hereafter. All claims, as well for the land and improvements taken or damaged as for the charges and expenses, shall be paid as are other claims against the county and upon order of the board of super- visors, and the claims shall be itemized in the same man- ner as are other claims against the county. Sec. 10. Said commissioners shall proceed to view the lands embraced within the boundaries of such protection district, and may examine witnesses under oath, to be ad- ministered by any one of them. Having viewed the land to be taken, and the improvements affected, and considered the testimony presented, they shall proceed with all dili- gence to determine the value of the land and damage to improvements and property affected and also the estimate amount of the costs of the proposed work or improvement and the expenses incident thereto, and having determined the same, shall proceed to assess the same to the county or counties and upon the lands embraced within the ex- terior boundaries of such protection district. Such assess- ment shall be made in the manner following, to wit: The board of supervisors shall assess to the county or counties where more than one as [is] an interested and benefited party or parties not exceeding one half of such assessment; provided, that in no case shall a county be liable for an amount in excess of one fourth thereof or for any sum greater than twenty-five hundred dollars where there are two or more counties within which said district is formed, and the remainder of such assessment may be made upon the lands within said district in proportion to the benefits to be derived from said vv'ork or improvement, so far as said commission can reasonably estimate the same, in- cluding in such estimate the property of any railroad com- pany, within said district, if such there be. [Amendment approved March 20, 1903. Stats. 1903, p. 329. In effect immediately.] PROTECTION DISTRICTS. 1017 Sec. 11. Said commissioners, having made their assess- ment of benefits and damages, shall, with all diligence, make a written report thereof to the board of supervisors, and shall accompany their report with a plat of the district, showing the land taken or to be taken for the work or improvement; and the lands assessed, showing the rela- tive location of each district, block, lot, or portion of lot or other piece of land, and its dimensions, so far as the commissioners can reasonably ascertain the same. Each block and lot, or portion of lot, or other parcel or parcels of land taken or assessed, shall be designated and de- scribed in said plat by an appropriate number, and a reference to it by such descriptive number shall be a sufiB- cient description of it in all respects. "When the report and plat are approved by the board of supervisors, a copy of said plat (appropriately designated and certified by the clerk of said board as a correct copy of the plat on file in his oflace) shall be, by the clerk of said board, recorded in the office of the recorder of the county. Said report of the commissioners shall also contain the names of the persons owning lands taken, or to be taken, for such work or improvement; the names of the land-owners who con- sent to give the right of vv'ay, and their written consent thereto; the names of land-owners v/ho do not consent, and the amount of damage claimed by each, and the amount of damages awarded to each by the commissioners. Sec. 12. Said report shall specify each lot, subdivision, or piece of property taken or injured by the widening, deepening, or straightening of such innavigable stream, or other improvement made or work done, or assessed therefor, together with the name of the owner or claimants thereof or of persons interested therein as lessees, incum- brancers, or otherwise, so far as the same are known to the commissioners, and the particulars of their interests, so far as the same can be ascertained, and the amount of value or damages or the amount assessed, as the case may be. Sec. 13. If in any case the commissioners find that conflicting claims of title exist, or shall be in ignorance or doubt as to the ownership of any piece of land or of any improvement thereon, or of any interest in such land or improvement, it shall be set dov/n as belonging to un- known owners. Errors in the designation of the owner or 1018 PROTECTION DISTRICTS. owners of any land or improvement, or of the particulars of their interests, shall not affect the validity of the assess- ment, or of any condemnation of the property to be taken. Sec. 14. The commissioners shall receive for their services such compensation as the board of supervisors may determine from time to time; provided, that the com- pensation shall not exceed tne sum of one hundred dollars per month each, nor continue for more than six months, unless the board of supervisors shall, by order, extend such time. The compensation of the commissioners shall be considered as an expense of the work or improvement, and shall be chargeable and payable as are other expenses thereof. Sec. 15. The report of such commissioners, and the plat accompanying it, shall be filed with the clerk of the board of supervisors, and thereupon the said clerk shall give notice of such filing by publication for at least ten days, in one daily newspaper published and circulated in said county; or if there be no daily paper, by three suc- cessive insertions in a weekly or semi-weekly newspaper so published and circulated. Said notice shall require all persons interested to show cause, if any they have, why such report should not be adopted and confirmed by the board of supervisors, on or before a day fixed by the clerk thereof, and stated in said notice; which day shall not be less than thirty days from the last publication thereof. Such notice shall be substantially in the following form: Notice of the filing of the report of the board of com- missioners of protection district. Notice is hereby given that the board of commissioners of protection district did, on the day of 189 — , file its report of the assessment of benefits and award of damages in said protection district with the clerk of the board of supervisors of county, which said report is now on file in the office of said board, in the county court-house, in the city of , in said county. Said report is hereby made a part hereof, and is hereby referred to for further particulars. All persons interested are hereby required to show cause, if any they have, why such report should not be adopted and confirmed by such board of supervisors. All objections to such adoption of such report shall be in writing and signed by the person objecting, giving PROTECTION DISTRICTS. 1019 post-office address, and filed with the clerk of said board of supervisors on or before the daj^ of , 189 — . Clerk of the board of supervisors of county. Sec. 16. All objections shall be in writing and filed with the clerk of the board of supervisors, who shall, at the next meeting of the board (whether an adjourned meeting, a regular monthly meeting, or a special meeting called for that purpose) after the day fixed in the notice to show cause, lay the said objections, if any have been filed, before the said board, which shall, by order, fix a time for hearing the same, and direct the clerk to notify the objectors in the manner prescribed in section three hereof. At the time fixed for hearing, or at such other time as the hearing may be adjourned to, the board of supervisors shall hear such objections and pass upon the same; and at such time, or if there be no objections, at the first meeting after the day set in such order to show cause, or such other time as may be fixed, shall proceed to pass upon such report, and may confirm, correct, or modify the same, or may order the commissioners to make a new assessment, report, and plat, which shall be filed, notice given, and hearing had as in the case of an original report. V/hen such report has been adopted and con- firmed, the said board may, by order entered upon its minutes, discharge such commissioners, and their author- ity shall thereupon cease. Sec. 17. After said report has been adopted as provided in the preceding section, the board of supervisors, if they consider the sum to be raised for the payment of the expenses of such work or improvement too great to be properly expended in one year, or too great to be raised in one year by assessments against the property of such protection district, may, by order entered upon its min- utes, provide that any part of such expenses shall be raised or expended in one year, and that such assessments shall continue for a number of years sufficient to raise by assessment, and expend, the total sum required by such report for the work or improvement. When the board has determined the sum to be assessed for each year, and the number of years that such assessment shall continue, they shall cause the clerk of the board of supervisors to for- ward to the tax collector of the county in which such dis- 1020 PROTECTION DISTRICTS. trict is situated, a certified copy of the report, assess- ment, and plat as adopted and confirmed by the said board of supervisors, together with a certified copy of the order of said board, fixing the sum to be raised by such assess- ment each year and the number of years such assessment shall continue, and from and after the filing of such certi- fied copy the charges assessed upon each piece of land or improvement thereon for the first j^ear shall become due and payable immediately and shall constitute a lien there- on; and thereafter the assessments for the succeeding years shall become due and payable on the first day of October of each year, and shall, upon becoming due and payable, constitute a lien upon the land or improvements upon which it is assessed. Before such sums become de- linquent, the board of supervisors shall direct the county treasurer to transfer from the monej' then in the general fund of such county to the fund raised by such assess- ment, a sum of money to be named in the order, great enough to pay the assessment made against the county for that year for such work and improvements. Sec. 18. All moneys paid upon such assessments, either by property owners or by the county, and moneys received from any source for the benefit of such protection district, shall be, by the county treasurer, placed in a fund to be called the protection district fund; and all pay- ments of any of the expenses of the work or improvements or other expenses of such district shall be made upon Tv-arrants drawn by the county auditor upon such fund, and paid by such treasurer. Sec. 19. Upon the filing of such certified copy of such report, assessment plat, and order with the tax collector of the county, as prescribed in section eighteen hereof, the county tax collector shall give notice, by ten days' pub- lication in a newspaper printed in the county, that the assessment list of protection district has been filed in his office, with the date of such filing; that the amounts entered thereon are due and payable; that if not paid on or before the first Monday in January next ensuing, the same will become delinquent and will be collected as are delinquent taxes. He shall note on said assessment list all assessments paid, giving receipts as in the payment of taxes, and shall pay all money collected into the county treasury at the same time and in the same manner as PROTECTION DISTRICTS. 1021 money collected for taxes is paid into said treasury. All subsequent collections of assessments shall be made in the same manner above set forth, and the tax collector shall annually (after the first year), immediately after the first day of October, publish a notice containing all the statements required to be made as hereinbefore in this section set forth, and the same proceedings shall be had as upon the collection of the first assessment. Sec. 20. When said assessments have become delin- quent the tax collector of such county shall proceed to collect such delinquent assessments, with five per cent added thereon, and pay the same, including the five per cent so collected, over to the county treasurer, in the same manner as state and county taxes are collected and paid over; and for the purpose of collecting such assessments and delinquent assessments all df the provisions of chap- ter seven, title nine, part three, of the Political Code not in conflict with any of the provisions of this act are hereby made applicable to the collection of assessments and de- linquent assessments in such protection districts. Sec. 21. If, at the completion of such work or improve- ments, there should be, from any cause, a surplus of money left in such protection district fund, the board of super- visors may ascertain the pro rata amount belonging to each person paying such assessments, and upon the filing of claims for such rebate properly itemized, shall refund such money to the parties who paid the same; and when all of such money has been refunded, shall, by order, direct the county treasurer to abolish such protection district fund. Sec. 22. When sufiicient money is in such protection district fund to pay for the property taken and damaged, according to the award of damages made in the report adopted by the board of supervisors, as provided in section seventeen hereof, the clerk of the board of supervisors shall notify the owner, possessor, or occupant of any land or improvement thereon to whom damages shall have been awarded, that such av/ard has been made, and the amount thereof, and that upon such person filing a claim and ten- dering a conveyance of any property to be taken, such claim will be allowed and such damages paid. Such notice shall be given by depositing such notice in the post-office at the county seat of such county, postage prepaid, ad- 1022 PROTECTION DISTRICTS. dressed to such owner, possessor, or occupant, if Ms name be known. In case the property is unoccupied, and the name of the owners is unknown, or in case such unoccupied property is set down as belonging to unknown owners for the reasons given in section fourteen hereof, such notice shall be delivered to the sheriff or to a constable, who shall serve the same by posting a copy in a conspicuous place upon the property named in said notice, and indorse a certificate of service upon the original notice, and file the same with the clerk of the board of supervisors. Sec. 23. "Whenever the clerk of the board of super- visors or other officer is, by this act, empovs^ered to serve any notice by mailing, a certificate of such mailing, in conformity to the provisions of this act and filed with the records of such supervisors, shall be sufficient proof of such service. * Sec. 24. If any award of damages is not accepted within fifteen da3S after the mailing or posting of such notice, it shall be deemed as rejected by the property owner, and thereupon the board of supervisors may direct proceed- ings to procure the right of vv-ay to be instituted, in the name of the county, by the district attorney, under and as provided in title seven, part three, of the Code of Civil Procedure, against all non-accepting property owners; and when thereunder the right of way is procured, the work or improvement must be commenced as hereinafter provided. In such suit no informality in the proceedings of the board of supervisors, or in the proceedings of the commissioners, shall vitiate said suit, but the said order of the board of supervisors, directing the district attorney to bring suit, shall be conclusive proof of the regularity thereof; and the said suit shall be determined by the court or jury in accordance with the rights of the respective parties as shown in court, independent of said proceedings before said board of supervisors or before said commis- sioners. Sec. 25. If any right of way, attempted to be acquired by virtue of this act, shall be found to be defective from any cause, the board of supervisors may again institute proceedings to acquire the right of way as in this act provided, or otherwise, or may purchase the same and in- clude the cost thereof in the expenses of such work or im- provement. PROTECTION DISTRICTS. 1023 Sec. 26. The board of supervisors shall determine the amount of work to be done in each year and the place where such work is to be done, and may let a contract for any portion of such work that they may think proper. When the work is let by contract, either as a whole work or for a portion thereof, the board shall give notice, by publication thereof, not less than ten days, in a newspaper published in such county, calling for bids far the construc- tion of such work, or of any portion thereof; if less than the whole work is advertised, then the portion so adver- tised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening said proposal, and how such sealed pi'oposals shall be addressed, which, at the time and place appointed, shall be opened, and, as soon there- after as convenient, the board shall let said work, either in portions or as a whole, to the lowest responsible bidder; or they may reject any and all bids and readvertise for proposals. Any person or persons to whom a contract may be awarded shall enter into a bond, with good and sufficient sureties, to be approved by the board, payable to said county for the use of such protection district, for double the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the board of supervisors. Sec. 27. If, according to the survey and map as adopted by the board of supervisors, as provided in section seven hereof, it is necessary, in order to shorten or straighten the course of any innavigable stream, to dig canals, cut off bends, change the channel or course of such stream, or to turn the water from its present channel into a former but now dry channel, then such work shall be considered as the straightening of the channel and course of such in- navigable stream, and all of the provisions of this act are hereby declared to be applicable to such work. Sec. 28. If, at any time, in the opinion of the board of supervisors, the expenditure of money is absolutely neces- sary to the welfare of such protection district, and there is no money in the fund of such district to make such 1024 PUBLIC ADMINISTRATORS— PUBLIC BUILDINGS. necessary expenditure, or the money in such fund is insufficient to make such necessary expenditure, then the board of supervisors may advance such money out of the general fund of the county, and the same shall be a credit to the county as a paj'^ment of the assessments against the county to that extent; or if such money advanced shall exceed the assessments against the county, then as soon as there is sufficient money in the fund of such protection district to pay the excess, the board of supervisors shall direct the county treasurer to transfer to the general fund from the fund of such protection district, a sum great enough to balance the accounts. Sec. 29. The provisions of this act shall be liberally construed to promote the objects thereof. This act shall take effect and be in force from and after its passage. TITLE 381. ACT 2S09. PUBLIC ADMINISTRATORS. For relief of purchasers at sales made by. [Stats. 1860, p. 16.] This act validated sales made without first having obtained letters of administration. ACT 2810. Providing for, in certain cases. [Stats. 1871-2, p. 796.] Repealed by County Government Act, 1897, 490, sees. 142 to 147, prescribing the duties of coroner. This act made the coroner the public administrator in certain cases. TITLE 382. ACT 2815. PUBLIC BUILDINGS. Public buildings and structures, regulating erection of. [Stats. 1871-2, p. 925.] Superseded as to state offlcers and works, 1875-6, 427. ACT 2816. State, contracts in behalf of, in relation to buildings, [Stats. 1875-6, p. 427.] Amended 1891, 457; 1895, 237. PUBLIC DEBT. 1025 ACT 2817. To provide for the completion of unfinished county, city and county, city, and township buildings. [Stats. 1887, p. 95.] Amended 1891, 83; 1893, 126; 1895, 166. ACT 2818. Concerning the completion of unfinished public 'buildings in any county, city, city and county, or town in this state, and permitting alterations of the original plans or designs for the construction thereof. [Stats. 1895, p. 165.] Cal.Rep.Cit. 110, 222. TITLE 383. PUBLIC DEBT. Bonds : See title Bonds, ante. ACT 2S23. Concerning the war debt of the state, and providing for the redemption thereof. [Stats. 1856, p. 206.] ACT 2824. Loan commissioners, granting additional powers to, adding to act of April 2, 1870, 646. [Stats. 1873-4, p. 235.] Superseded by 1891, 210. ACT 2825. An act to authorize cities of not less than twenty-six thou- sand nor more than thirty thousand inhabitants, to vote upon the question of paying indebtedness incurred in the years 1889 and 1890. [Approved February 20, 1891. Stats. 1891, p. 8.] Section 1. The board of trustees or the governing body of all cities of not less than twenty-six thousand nor more than thirty thousand inhabitants are hereby authorized to submit to the qualified electors of such city, at either a general or municipal election in said city, or special elec- tion, the question whether or not any indebtedness in- curred by or claimed to be due from said city, contracted In the years eighteen hundred and eighty-nine and eighteen hundred and ninety, shall be paid. Sec. 2. Said board of trustees or other governing body 1026 PUBLIC DEBT. shall specify particularly, in the proclamation for such election, the amount of the claimed indebtedness, and for what services it is claimed to be due, and shall specify, if the election is a special one, the form of ballots to be used by the electors, and the time, place and manner of holding said election and canvassing the returns thereof, and declaring the result thereof. If said question is voted upon at a general or municipal election, the ballots shall contain the words, "For the payment — Yes" and "For the payment — No," in addition to the other matters contained therein. Sec. 3. If two thirds of the votes cast upon such ques- tion vote in the affirmative, the said board of trustees or other governing body shall immediately order paid, as other claims against said city are paid, the said amount so voted; and for that purpose shall be and are hereby author- ized to incorporate the said amount in the next tax levy, if the same has not been already levied, for the year in which such election is held; and if such tax levy has been levied, then they shall make a new assessment and levy for the said amount, using the last assessment roll as a basis therefor. Sec. 4. This act shall take effect and be in force from and after its passage. ACT 2826. An act to prohibit the creation of debts against the state in excess of appropriations made by law except in cases of actual necessity, and on consent of the board of examiners. [Approved March 23, 1893. Stats. 1893, p. 285.] Section 1. No officer or employee in the service of the state shall have power to create any deficiency in excess of any appropriation of money made by law, except in case of actual necessity, and only then upon the written author- ity, first obtained, of the governor, secretary of state, and attorney-general; and any indebtedness attempted to be created against the state in violation of the provisions of this act shall be absolutely null and void, and shall not be allowed by the state board of examiners. Sec. 2. This act shall take effect from and after its passage. PUBLIC- HEALTH. 1027 TITLE 384. ACT 2831. PUBLIC HEALTH. To create the office of attorney for the state hoard of health and the board of health of the city and county of San Francisco. [Approved March 31, 1891. Stats. 1891, p. 209.] Cal.Rep.Cit. 116, 109. ACT 2S32. To protect public health from infection caused by exhuma- tion and removal of the remains of deceased persons. [Stats. 1877-8, p. 1050.] Amended 1889, 139. This act appears in full in the Appendix to the Penal Code, p. 654. ACT 2833. To prevent the introduction, and provide for the investi- gation and suppression, of contagious or infectious dis- eases, and appropriating money to be used for such purpose. [Stats. 1901, p. 10.] Repealed 1903, 414. ACT 2834. To protect the public health, to prevent the introduction and spreading of disease, and to provide for the protec- tion of the health of criminals under sentence on conviction of a misdemeanor. [Stats. 1883, p. 280.] This act authorized the cutting of the hair of persons convicted of a misdemeanor. It appears in full in Penal Code, Appendix, p. 719. ACT 2835. An act to prevent the introduction of contagious or in- fectious diseases into the state of California. [Approved March 15, 1883. Stats. 1883, p. 376.] See Political Code, sec, 2979a. Railroad cars to be inspected. Section 1. Whenever there shall exist, in the opinion of the state board of health, imminent danger of the in- troduction of contagious or infectious diseases into the state of California, by means of railroad communication with other states, the said state board of health are au- thorized, and it is hereby made their duty, to make or 1028 PUBLIC HEALTH. cause to be made, by an accredited agent or inspector, an inspection of all railroad cars, coming into the state at such point, or between such points within the state limits as may be selected for the purpose. Detention of train a minimum. Sec. 2. Such inspection shall be made, where prac- ticable, during the ordinary detention of a train at a sta- tion, or while in transit between stations, and in all cases shall be so conducted as to occasion the least possible detention or interruption of travel or inconvenience to the railroad companies, so far as consistent with the purposes of this act. Infected cars to be side-tracked. Sec. 3. Should the discovery be made of the existence among the passengers of any case or cases of dangerous, contagious, or infectious disease, the said board of health, or their agent or inspector, under rules and conditions pre- scribed by them as being applicable to the nature of the disease, shall have pov/er to cause the side-tracking or de- tention of any car or cars so infected, to isolate the sick or remove them to a suitable place for treatment, to establish a suitable refuge-station, to cause the passengers and materials in such infected car to be subjected to dis- infection and cleansing before proceeding farther into the state, and, in the case of smallpox, to offer free vaccina- tion to all persons exposed in any car or at any station. Appropriation. Sec. 4. The sum of five hundred dollars is hereby ap- propriated out of any moneys in the treasury not otherwise appropriated, to be expended solely for the purposes of this act, and all expenditures herein authorized shall be specified in an itemized account to be presented to the state board of examiners, and paid as other demands on the treasury are paid; provided, that in no case shall the sum expended exceed that herein specially appropriated for the purpose. Sec. 5. This act shall take effect from and after its passage. ACT 3S3G. An act to prevent the introduction, and provide for the investigation and suppression of contagious or infec* PUBLIC HEALTH. 1029 tious diseases, and appropriating money to be used for such purpose. [Approved March 20, 1903. Stats, 1903, p. 255.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The sum of one hundred thousand dollars ($100,000) is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, to be expended by the state board of health, under the direction of the governor, for the prevention of the introduction of Asiatic cholera, bubonic plague, smallpox or other contagious or infectious disease into this state, and for their investiga- tion and suppression in case of their origin or introduc- tion. The claims for such expenditures must be audited by the board of examiners, except that when, in the opin- ion of the governor, an emergency arises which demands or necessitates the immediate use of money for the pur- poses herein provided, the controller must draw his war- rant in the name of the governor, without such audit, on account of the sum hereby appropriated, upon the order of the governor, in such sums, from time to time, not ex- ceeding one thousand dollars ($1,000.00) at any one time, as he may direct. In cases where sums are so drawn upon the order of the governor, without audit by the board of examiners, vouchers must be thereafter filed with the controller, showing the manner and the purposes for which such sums have been expended. Sec. 2. This act takes effect immediately. ACT 2837. To authorize the state board of health to purchase and manufacture diphtheria antitoxin, and to appropriate six thousand dollars therefor. [Approved March 12, 1895. Stats. 1895, p. 45.] ACT 2838. An act entitled An act to grant to boards of health in cities, and cities and counties, the power to regulate the plumbing and drainage of buildings. [Approved March 15, 1883. Stats. 1883, p. 366.] Plumbers required to register. Section 1. Every master or journeyman plumber carry- ing on his trade shall, under such rules and regulations 1030 PUBLIC HEALTH. as the board of health of such county, or city and county, shall prescribe, register his name and address at the health oiiice of such county, or city and county; and after the said date it shall not be lawful for any person to carry on the trade of plumbing in any county, or city and county, unless his name and address be registered as above pro- vided. Publication. Sec. 2. A list of the registered plumbers shall be pub- lished in the yearly report of the health-office. Board of health to approve plans. Sec. 3. The drainage and plumbing of all buildings, both public and private, hereafter erected in any county, or city and county, shall be executed in accordance with plans previously approved, in writing, by the board of health of said county, or city and county; suitable draw- ings and description of the said drainage and plumbing shall, in each case, be submitted and placed on file in the health-office. The said board of health are also au- thorized to receive and place on file drawings and descrip- tions of the drainage and plumbing of buildings erected prior to the passage of this act. Supervisors to apportion tax. Sec. 4. The boards of supervisors, or other city or county officials, whose duty it is to make apportionments for the board of health of such county, or city and county, shall make the necessary apportionments, and shall insert the same in the yearly tax levy, to provide for carrying out the provisions of this act. Court of record may enjoin. Sec. 5. Any court of record in said county, or city and county, or any judge or justice thereof, shall have power at any time after the service of notice of the violation of any of the provisions of this act, and upon the affidavit of the health-officer or a member of the board of health of such county, or city and county, to restrain by injunc- tion order the further violation named in this act, or of any work upon or about the building or premises upon which the said violation exists, and no undertaking shall be required as a condition to the granting or issuing of such injunction or by reason thereof. PUBLIC HEALTH. 1031 Sec. 6. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor. Sec. 7. This act shall take effect immediately. ACT 2839. An act to grant to boards of health or health-officers, In cities, and cities and counties, the power to regulate the plumbing and drainage of buildings, and to pro- vide for the registration of plumbers. [Approved March 3, 1885. Stats. 1885, p. 12.] Amended 1887, 58. License from board of health. Section 1. It shau not be lawful for any person to carry on business, or labor as a master or journeyman plumber, in any incorporated city, or in any city and county, in this state until he shall have obtained from the board of health of said city or city and county a license authorizing him to carry on business, or labor as such mechanic. A license so to do shall be issued only after a satisfactory examination by the board of each applicant upon his qualifications to conduct such business or to so labor. All applications for license, and all licenses issued, shall state the name in full, age, nativity, and place of residence of the applicant or person so licensed. It shall be the duty of the secretary of each board of health to keep a record of all such licenses issued, together with an alphabetical index to the same. [Amendment ap- proved March 9, 1887. Stats. 1887, p. 58. In effect imme- diately.] Publish list in yearly report. Sec. 2. A list of all licensed plumbers shall be pub- lished in the yearly report of the health officer or board of health. [Amendment approved March 9, 1887. Stats. 1887, p. 58. In effect immediately.] Plans of plumbing. Sec. 3. The drainage and plumbing of all buildings, both public and private, hereafter erected in any city, or city and county, shall be executed in accordance with plans previously approved in writing by the board of health of said city, or city and county; and suitable draw- ings and description of the said drainage and plumbing 1032 PUBLIC HEALTH. shall, in each case, be submitted to the board of health, and placed on file in the health-office. The said board of health is also authorized to receive and place on file draw- ings and descriptions of the drainage and plumbing of buildings erected prior to the passage of this act. Tax levy. Sec. 4. The board of supervisors, or other city, or city and county, officials whose duty it is to make appropria- tions and tax levies for general purposes of such city, or city and county, shall make the necessary appropria- tions and tax levies, and shall insert the same in the yearly tax levy, to provide for carrying out the provisions of this act. Such appropriations and levy shall be made at the same time and in the same manner as appropriations and tax levies are made for other city, or city and county, purposes. Where no board of health. Sec. 5. In any city, or city and county, where there is under existing lav.'s, a health-officer, but no board of health, such health-officer shall perform all the duties re- quired by this act of the board of health until a board of health shall be created, and in any city, or city and county, where there is no health-officer nor board of health, the board of supervisors or city council, or other municipal legislative board or body, shall create a board of health, who shall perform all the duties required by this act of the board of health or health-officer. Injunction. Sec. 6. Any superior court, or judge thereof, shall have power to restrain by injunction the continuance of work to be done upon or about buildings or premises where the provisions of this act have not been complied with, and no undertaking shall be required as a condition to the granting or issuing of such injunction, or by reason thereof. Penalty. Sec. 7. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished accordingly. Sec. 8. This act shall take effect immediately. PUBLIC HEALTH. 1033 ACT 2S40. An act to encourage and provide for a general vaccina- tion in the state of California. [Approved February 20, 1889. Stats. 1889, p. 32.] Exclusion of children from schools unless vaccinated. Section 1. The trustees of the several common-school districts in this state, and boards of common-school gov- ernment in the several cities and towns, are directed to exclude from the benefits of the common schools therein any child or any person who has not been vaccinated, until such time when said child or person shall be suc- cessfully vaccinated; provided, that any practicing and licensed physician may certify that the child or person has used due diligence and cannot be vaccinated so as to produce a successful vaccination, whereupon such child or person shall be excepted from the operation of this act. Notice by school trustees. Sec. 2. The trustees or local boards, annually, or at such special times to be stated by the state board of health, must give at least ten days' notice, by posting a notice in two or more public or conspicuous places within their jurisdiction, that provision has been made for the vaccination of any child of suitable age who may desire to attend the common schools, and whose parents or guardians are pecuniarily or otherwise unable to procure vaccination for such child. List of children not vaccinated. Se<^ S. The said trustees or board must, within sixty days after the passage of this act, and every year there- after, ascertain the number of children or persons in their M'espective school districts or subdivision of the city school government being of an age suitable to attend common schools, who have not been already vaccinated, and make a list of the names of all such children or persons. It also shall be [the] duty of said trustees or board to pro- vide, for the vaccination of all such children or persons in their respective school districts, a good and reliable vaccine virus wherewith to vaccinate such children or persons who have not been vaccinated. And when so vac- cinated, to give a certificate of vaccination, which certifl- Gen. Laws— 44 1034 PUBLIC LANDS. cate shall be evidence thereof for the purpose of comply- ing with section one. Expenses for, how paid. Sec. 4. The necessary expenses incurred by the pro- visions of this act shall be paid out of the common school moneys apportioned to the district, city, or town. And if there be not sufficient money, the trustees must notify the board of supervisors of the amount of money neces- sary, and the board must, at the time of levying the county tax, levy a tax upon the taxable property in the district suflacient to raise the amount needed. The rate of taxa- tion is ascertained by deducting fifteen per cent for de- linquencies from the assessment, and the rate must be based upon the remainder. The tax so levied must be computed and entered upon the assessment roll by the county auditor, and collected at the same time and in the same manner as state and county taxes, and when col- lected shall be paid into the county treasury for the use of the district. Annual report of trustees. Sec. 5. The trustees of the several school districts of this state are hereby required to include in their annual report, and report to the secretary of the state board of health, the number in their several districts between the ages of five and seventeen years who are vaccinated, and the number unvaccinated. Sec. 6. This act shall take effect immediately. ACT 2841. To provide for the proper sanitary conditions of factories and workshops, and the preservation of the health o£ employees. [Stats. 1889, p. 3.] Amended 1901, 571. UnconstitutionaL (Schaezlein v. Cabaniss, 135 Cal. 466.) TITLE 385. ACT 2846. PUBLIC LANDS. Authorizing the governor to re-convey part of the lands to the United States, conveyed to the state and listed under the agricultural college grant of 150,000 acres. [Stats. 1883, p. 287.] PUBLIC LANDS. 1035 ACT 2847. Prescribing the mode of maintaining and defending pos- sessory actions on lands belonging to the United States. [Stats. 1850, p. 203.] Repealed by act of 1852, p. 158. ACT 2848. Prescribing the mode of maintaining and defending pos- sessory actions on public lands. [Stats. 1852, p. 158.] Amended 1859, 94; 1861, 143. Cal.Rep.Cit. 42, 151 ; 42, 406 ; 44, 200 ; 103, 422. Not repealed. (See Gray v. Dixon, 74 Cal. 508.) ACT 2849. For the protection of actual settlers and to quiet title to lands. [Stats. 1856, p. 54.] "In many respects unconstitutional (Billings v. Hall, 7 Cal. 1; Lathrop v. Mills, 19 Cal. 513; Pioche v. Paul, 22 Cal. 105) ; and the parts not unconstitutional are probably superseded by the codes." — Code Commissioners' note. ACT 2850. For the better protection of settlers on public lands. [Stats. 1858, p. 345.] This act provided for the redress of parties ousted under a foreign grant which was afterwards rejected or did not Include the land. ACT 2851. Public lands, protection of settlers on. [Stats. 1873-4, p. 327.] Amended 1881, 72. Cal.Rep.Cit. 134, 47. See Political Code, sees. 3441, 3443. ACT 2852. For the better protection of settlers on the public lands of the United States and for the protection and en- couragement of persons desirous of settling thereon. [Stats. 1887, p. 147.] ACT 2853. Pre-emption and homestead claimants, protection of. [Stats. 1873-4, p. 543.] )§39 PUBLIC LANDS. ACT 2854. Public lands, bona fide settlers on, protection of. [Stats. 1873-4, p. 543.] This act protected the rights of settlers on lands within the survey of a Mexican grant and which had been restored to the public domain. ACT 2855. To provide for the management and sale of lands belong- ing to tbe state. [Stats. 1867-8, p. 507.] Amended 1869-70, 14, 814, 875. Supplemented 1869-70, 878. Amended 1871-2, 383, 668, 685, 858. Cal.Rep.Cit. 41, 131; 45, 357; 45, 692; 46, 189; 46, 390 47,182; 47,227; 47,240; 48, 28; 51,475; 51,537 52,181; 56,223; 57, 5So ; 57,586; 61,207; 63,308 65,636; 68,542; 74,111; 83,105; 84,615; 91, 33 115, 333; 115, 335; 117, 457; 121, 523; 130, 609; 130, 615. AMD'T 1869-70. Cal.Rep.Cit. 47, 240 ; 47, 413 ; 51, 537 ; 52, 106 ; 58, 261 ; 63, 308; 64, 209; 68, 543; 134, 48. This act repealed all prior acts. (Kings Co. t. Tulare Co., 119 Cal. 509, 512.) As to the effect of the Political Code upon it, see Reclamation District No. 3 v. Goldman, 61 Cal. 205. ACT 2856. Reservation from sale of certain land. [Stats. 1875-6, p. 679.] This act reserved the north half of section 16, in township 7 south, and range 3 east, Mt. Diablo meridian. ACT 2857. Regulating the sale of lands uncovered by the recession or drainage of the waters of inland lakes. [Stats. 1893, p. 341.] Amended 1899, 182. Cal.Rep.Cit. 121, 505; 136, 492. ACT 2858. Salt-ioarsh and tide-lands, survey and disposition of. [Stats. 1873-4, p. 858.] Supplementing and amending act of April 1, 1870. Repealed 1875-6, 15. ACT 2859. Sale of swamp lands, distribution of funds derived from. [Stats. 1873-4, p. 770.] Cal.Rep.Cit. 119, 513. PUBLIC LANDS. 1037 ACT 2S60. To provide for applications for the purchase of sixteenth and thirty-sixth sections, to regulate the application for the purchase of such sections, and requiring a de- posit to accompany all applications for the purchase of the same. [Stats. 18S9, p. 434.] ACT 2S61. Providing for examination into the sale and disposal of state lands. [Stats. 1875-6, p. 798.] This act created a conunission to hold office one year for the above purpose. ACT 2SC2. Making certificates of purchase or of location evidence of title. [Stats. 1859, p. 227.] Supplemented 1859, 332. Amended 1867-8, 529. Cal.Rep.Cit. 42, 297 ; 51. 45 ; 71, 24. In True v. Thompson, 42 Cal. 293, it was held that this act was superseded and repealed by the act of 1863, 591, in so far a3 it made a certificate of location prima facie evidence of title. The act of 1863 was in turn repealed by the act of 1867-S, 530. ACT 2863. Legalizing applications to purchase state lands. [Stats. 1869-70, p. 352.] Cal.Rep.Cit. 45,450; 47,240; 56,223; 56,558; 58,541; 83, 105; 117, 464. This statute validated sales under the act of March 28, 1868, where the affidavits were defective. ACT 3864. Legalizing purchase of lands belonging to state. [Stats. 1871-2, p. 622.] ACT 2SC5. School lands, act to legalize payments for. [Stats. 1871-2, p. 137.] ACT 2866. Respecting payment in full by holders of certificates of purchase of lands sold prior to March 27, 1872, and for which the said state has at any time heretofore issued certificates of purchase to subsequent purchasers. [Stats. 1889, p. 428.] ACT 2867. For the relief of purchasers of statb lands. [Stats. 1871-2, p. 587.] Amended 1877-8. 814. 1038 PUBLIC PARKS. ACT 2868. To provide for the presentation and cancellation of unlo- cated school land warrants. [Stats. 1893, p. 181.] ACT 2869. Authoriziiig the governor and surveyor-general to sell and convey certain lands. [Stats. 1891, p. 251.] Cal.Rep.Cit. 114, 112. This act authorized the sale of certain lands to the claimants and occupants thereof. ACT 2870. Justice, John D., to cure defects in application of, to pur- chase lands, [Stats. 1877-8, p. 535.] ACT 2871. To authorize certain persons to femove improvements placed upon public lands after said lands have become private property. [Stats. 1867-8, p. 708.] Declared unconstitutional. (Collins v. Bartlett, 44 Cal. 372.) ACT 2872. To enable purchasers of state lands to redeem them where their titles have been or may hereafter be foreclosed for non-payment of interest. [Stats. 1881, p. 65.] TITLE 386. ACT 2877. PUBLIC PARKS. To authorize the common councils and boards of super- visors of the several cities, counties, and cities and counties in this state to levy taxes for the mainte- nance of public parks having an area of over ten acres each within their respective limits. [Approved March 8, 1887. Stats. 1887, p. 52.] ACT 2878. To enable incorporated "cities and counties" and "cities" and "towns," to acquire, maintain and improve public parks and boulevards. [Approved March 19, 1889. Stats. 1889, p. 361.] Cal.Rep.Cit. 132, 374; 132. 375. ACT 2879. To provide for the maintenance and support of the public parks heretofore created within the various cities and PUBLIC WORKS. 1039 cities and counties of the state, and to amend the ex- isting acts in relation thereto. [Approved March 14, 1889. Stats. 1889, p. 143.] Amended 1S93, 79, 343. ACT 2SS0. Authorizing the commissioners of any public park In this state, and especially the park commissioners of Gold- en Gate Parli, in San Francisco, to accept donations and bequests in aid of the improvement ana embellish- ment of their respective parks, and to invest the funds derived therefrom. [Approved March 9, 1885. Stats. 1885, p. 38.] ACT 2881. To authorize cities and towns owning public parks outside of their limits, to lay out, construct, and maintain roads, streets, and boulevards from the boundaries of such cities or towns to, into, and through such parks, and to acquire lands for that purpose. [Became a law, under constitutional provision, without governor's approval, March 1, 1897. Stats. 1897, p. 45.] ACT 2882. To extend the jurisdiction and authority of cities and towns over parks owned by them situated beyond the limits of such cities and towns, and over streets and avenues leading to the same. [Became a law, under constitu- tional provision, without the governor's approval, March 1, 1897. Stats. 1897, p. 47.] ACT 2883. Giving the consent of the state of California to the reser- vation of certain lands by congress. [Approved March 14, 1891. Stats. 1891, p. 107.] JThls act granted the consent of the state to forest reservations. TITLE 387. PUBLIC WORKS. Hours of labor on : See title Hours of Labor, ante. ACT 2888. Creating a commissioner of public works, defining his duties and powers, prescribing his compensation and making an appropriation. [Stats. 1893, p. 345.] Amended 1897, 26. Repealed 1899, 157 ; 1900, 20. Cal.Rep.Cit. 125, 414. 1040 PUBLIC WOEKS. ACT 2889. Creating a commissioner of public "works, defining his duties and powers and fixing his compensation. [Stats. 1899, p. 157.] Superseded by 1900, 20. ACT 2880. An act creating a commissioner of public works, defining his duties and powers, and fixing his compensation. [Approved February 9, 1900. Stats. 1900, p. 20.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. There is hereby created a commissioner of public works, to be appointed by the governor. He shall hold oflice for the term of four years, or until his suc- cessor shall be appointed and qualified. In case of vacancy occasioned hy deaths resignation or otherwise, the govern- or shall appoint his successor; provided, that any appoint- ment made to fill a vacancy s.'iaU be only for the unexpired portion of the term for which the original appointment was made. Said officer, before entering upon the discharge of his duty, shall take and subscribe the official oath, and execute an official bond in the sum of six thousand dollars, to be approved by the governor, and filed and recorded in the office of the secretary of state as in the case of bonds of other state officials. Such commissioner shall receive a salary of three thousand (3,000) dollars per annum, pay- able in monthly installments, and shall be allowed his actual traveling and other necessary incidental expenses Incurred while in the performance of official duties. Sec. 2. The commissioner shall perform such duties in the examination of lands subject to inundation and over- flow by flood-waters, and of the waters causing and making such inundation and overflow, and in the preparation of plans and estimates of cost for works to regulate and con- trol such flood-waters, as he may be directed to perform from time to time by the governor; and such other duties in the examination, supervision, and management of pub- lic works, constructed or carried on by the state, or under state authority, or under any law of the state, as he may be directed to from time to time by law. He shall, subject to the approval of the auditing board, have the power to employ such engineers and assistants, as he may deem PUBLIC WORKS. 104J necessary to carry out the provisions of this act, or to per form any duties imposed by any law upon said commis- sioner, and to fix their compensation subject to the ap proval of the board. Sec. 3. An act entitled "An act creating a commission- er of public works, defining his powers and duties, pre- scribing his compensation, and making appropriation," approved March twenty-fourth, eighteen hundred and ninety-three; an act to amend an act entitled 'An act creating a commissioner of public works, defining his duties and powers, prescribing his compensation, and making appropriation,' approved March twenty-fourth, eighteen hundred and ninefcy-three, relating to the office of commissioner of public works," approved February twenty-fifth, eighteen hundred and ninety-seven, and all other acts and parts of acts in conflict v/ith the provisions of this act, are hereby expressly repealed. Sec. 4. This act shall take effect and be in force from and after its passage. ACT 2891. An act providing for the appointment of an auditing board to the commissioner of public works, authorizing and directing him and them to perform certain duties re- lating to drainage, to purchase machinery, tools, dredges, and appliances therefor, to improve and rec- tify water channels, to erect works necessary and in- cident to said drainage, to condemn land and property for the purposes aforesaid, making certain acts a felony, and making an appropriation of money for the purposes of this act. [Approved March 17, 1897. Stats. 1897, p. 171.] Amended 1900, 21 ; 1901, 91. Cal.Rep.Cit. 125, 415. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. "Within thirty days after the passage of this act, the governor shall appoint five persons who shall be citizens of the state of California, and not all members of the same political party, and who, after the first appoint- ment, shall hold office for four years after their appoint- ment, who shall be known as the auditing board to the commissioner of public works. They must, within fifteen 1042 PUBLIC WORKS. days after receiving notice of their appointment, meet in the city of Sacramento and organize by selecting from their number a president and secretary. But of those ap- pointed under this act, the term of oiBce of two shall be for two years, and the term of the others for four years, and the governor shall designate, in their commissions, their respective terms. Thereafter all shall be appointed for four years. All vacancies shall be filled in like manner by appointment from the governor, but the person ap- pointed to fill a vacancy shall fill only the unexpired term. No member thereof shall recover any compensation what- ever, but they may be paid their reasonable traveling expenses in attending meetings, to be audited by the board of examiners. They shall meet at Sacramento City once in two months, and oftener if required. Sec. 2. For the purposes of this act, the report of the commissioner of public works, dated November sixteenth, eighteen hundred and ninety-six, and accompanying re- ports and plans of engineers, shall be adopted and made the basis of opei'ations, and the plans therein specified for promoting drainage and improving and rectifying river channels shall, as far as practicable, be cai-ried out and finished as herein provided. In addition to the work out- lined and described in said report, the said commissioner of public works and board of auditors are hereby authorized and empowered to perform other further and additional work upon the Sacramento River, the San Joaquin, Feath- er, Yuba, Bear, Mokelumne, and Tuolumne rivers, and Petaluma, Alviso, and Napa creeks, and upon all tide waters entering and fiowing into the bays of San Pablo, Suisun, and San Francisco, and also upon the navigable creeks, rivers, and sloughs of the state of California, of a character and nature similar to that outlined and de- scribed in said report, for the purpose of promoting drain- age, rectifying channels, and improving navigation. [Amendment became a law under constitutional provision without governor's approval, March 2, 1901. Stats. 1901, p. 91. In effect immediately.] Sec. 3. The commissioner of public works shall have charge and superintendence of all work authorized by this act, and shall employ and direct all employees, but no expenditure shall be made without the sanction of the auditing board. The commissioner of public works shall PUBLIC WORKS. 1043 determine the character and extent of the work to be done in accordance with the said report, and shall have full power to carry on and complete the same. Sec. 4. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, the sum of three hundred thousand dollars, to be paid to the said auditing board, and to be expended for the purposes here- inafter specified, to wit: for the purchase, construction, and operation of one or more dredgers, or machines, and appliances to improve 9,nd rectify the river channels of the state of California, so as to promote drainage and to protect towns and cities of the state of California from inundation, as outlined and described in the said report of commissioner of public works; to erect, build, and con- struct embankments, and other works, where necessary, for carrying out the purposes of this act; to employ per- sons in and about said work, and to purchase such sup- plies as may be necessary for the carrying on of the same, and for doing all other work described in said report, to improve and rectify river channels so as to promote drainage. Sec. 5. The commissioner of public works shall have power to employ such persons in and about said work as the auditing board may determine to be necessary, at a compensation to be fixed by the auditing board. All con- tracts for the purchase of material and supplies, or for such work as can be done by contract, where the expense thereof shall exceed the sum of five hundred dollars, shall be awarded to the lowest bidder, at a public letting there- of, and after a notice to bidders to be published in one newspaper published in the city of Sacramento, one in Stockton, and one in San Francisco, for at least one week; provided, that at least two weeks shall intervene between the last publication of said notice, and the time for open- ing bids; provided, the said bid is a fair and reasonable one. All bids required by this act shall be accompanied by such security as the auditing board may require, con- ditioned upon the bidder entering into a contract upon the terms of his bid, on notice of the acceptance thereof, and furnishing a penal bond, with good and sufiicient sure- ties, in such sum as the auditing board may require, and to their satisfaction, that he will faithfully perform his con- tract. If all the bids made at such lotting are deemed 1044 PUBLIC WORKS. unreasonably high, the board may, in their discretion, decline to contract, and may again advertise for such time and in such papers as they see proper, tor proposals, and may so continue to renew the advertisement until satisfactory contracts are made; and in the mean time the board may contract for articles and supplies for imme- diate and temporary use, with any one whose ofiler is re- garded as just and equitable, or may purchase in the open market. No biu shall be accepted, nor a contract entered into in pursuance thereof., when such bid is higher than any other bid at the same letting for the same class or schedule of articles, quality considered, and when a contract can be had at such lower bid. When two or more bids for the same article or articles are equal in amount, the board may select the one which, all things considered, may by them be thought best for the interest of the state, or they may divide the contract between the bidders as in their judgment may seem proper and right. The board shall have power to let a contract in the aggregate, or they may segregate the items, and enter into a contract with the bidder or bidders who may bid lowest on the several articles. The board shall have the power to reject the bid of any person who had a prior contract and who had not, in the opinion of the board, faithfully complied therewith. If, however, any sudden emergency should arise, rendering it necessary, in the judgment of the auditing board, to protect works already completed, or to prevent any work in process of construction being dam- aged by storms or flood-waters, that immediate repairs or work should be done, the said commissioner of public works shall have power to perform such work, or make such repairs, in the manner which to him seems most advisable. Sec. 6. It will not be necessary to obtain the sanction of any other board or officer for the doing of any work, or the letting of any contract, except as herein specified, but all claims shall be audited by the state board of ex- aminers as provided for by law. Sec. 7. The auditing board may condemn the right of way necessary for the purpose of doing the work out- lined and described in said report of the commissioner of public works, and may purchase or condemn all land and material necessary to carry out such plans of drain- PUBLIC WORKS. 1045 age, and may generally connect with, enlarge or strengthen any work of construction, and may condemn any lands which may be by them deemed necessary for the pur- poses of the act, and it is hereby declared that such pur- poses are a public use and that said appropriation is for the public benefit; provided, however, that they shall not interfere with any existing reclamation work or cut ditches or drains without the consent of the board of trustees thereof on, in, or over any lands situated in any swamp land, reclamation, levee, or protection district. Sec. 8. Whenever the auditing board cannot procure from the owner or owners thereof, without purchase, the right of way or material needed for the construction of such works as are described in the said report of the com- missioner of public works, or cannot procure the consent to join or connect with any existing works, or procure lands necessary for the construction and completion of the said system and plan described in said report, the said auditing board may, in their own name or in the name of the state of California, proceed to condemn the same under the provisions of title seven, part three, of the Code of Civil Procedure, and amendments thereto, which are now existing or which may hereafter be made; provided, that cities, towns, levee districts, swamp land districts, reclamation districts,' protection districts, and all municipal corporations having levees, reclamation, or pro- tection works shall have and retain the exclusive man- agement and control thereof, subject to the right to connect the work as herein provided. Sec. 9. Any member of the auditing board, or the com- missioner of public works, or any appointee or employee of either, who shall be interested in any contract for the construction of any work provided for by this act, shall be guilty of a felony. Sec. 10. Nothing contained in this act shall in any manner affect the laws in force in reclamation and levee districts, nor shall any levees be condemned nor pur- chased under the provisions of this act. Sec. li. The controller is hereby directed to draw his warrant in favor of the said auditing board for the amount appropriated by this act, and the treasurer is hereby di« rected to pay the same. 1046 PUBLIC WORKS. Sec. 12. All acts and parts of acts in conflici. with this act are hereby repealed. Sec. 13. This act shall take effect immediately from and after its passage. ACT 2802. A.n act authorizing the commissioner of public works to obtain a right of way for a canal to divert the waters of Mormon channel into the Calaveras River, to main- tain condemnation suits therefor, and making an appropriation to pay for said right of way and the costs and expenses of obtaining the same. [Approved March 25, 1903. Stats. 1903, p. 476.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The commissioner of public works is hereby authorized to obtain, either by purchase or condemnation suits, a right of way for a diverting canal from the ]\Ior- mon channel to the Calaveras River east of the city of Stockton, in San Joaquin County, and along the channel of said Calaveras River as far as may be necessary accord- ing to the surveys for such canal, adopted by the United States government, and to employ such counsel and other assistance as may be necessary to conduct such suits and obtain said right of way and to fix the compensation of such counsel and such assistance. Sec. 2. The sum of sixty thousand dollars is hereby ap- propriated out of any money in the state treasury not otherv/ise appropriated, to pay for said right of way and the costs of obtaining the same, to be paid to the auditing board to the commissioner of public works, to be ex- pended for the purposes in this act specified. Sec. 3. The controller is hereby directed to draw his warrant in favor of said auditing board for the amount appropriated by this act, and tne treasurer is hereby di- rected to pay the same. Sec. 4. This act shall take effect from and after the first day of January, A. D. nineteen hundred and four. ACT 2S93. To provide for, insure, and maintain preference in the appointment, employment, and retention in the pub- lic service, and upon public works of the state of PUBLIC WORKS. 1047 California, of honoralDly discharged ex-Union soldiers, sailors, and marines of the war of the rebellion. [Approved March 31, 1891. Stats. 1891, p. 289.] ACT 2S94. An act fixing the minimum rate of compensation for lahor on public work. [Approved March 9, 1897. Stats. 1897, p. 90.] Cal.Rep.Cit. 127, 102; 136, 532. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The minimum compensation to be paid for labor upon all work performed under the direction, con- trol, or by the authority of any ofiicer of this state acting in his official capacity, or under the direction, control, or by the authority of any municipal corporation within this state, or of any ofiicer thereof acting as such, is here- by fixed at two (2) dollars per day; and a stipulation to that effect must be made a part of all contracts to which the state, or any municipal corporation therein, is a party; provided, however, that this act shall not apply to persons employed regularly in any of the public insti- tutions of the state, or any city, city and county, or county. Sec. 2. This act shall take effect immediately. ACT 2S95. An act to secure the payment of the claims of material- men, mechanics, or laborers, employed by contractors upon state, municipal, or other public work. [Approved March 27, 1897. Stats. 1897, p. 201.] The people of the state of California, represented in senate and assembly, do enact as foUov/s: Section 1. Every contractor, person, company, or cor- poration, to whom is av/arded a contract for the execution or performance of any building, excavating, or other me- chanical work, for this state, or by any county, city and county, city, town, or district therein, shall, before enter- ing upon the performance of such work, file with the commissioners, managers, trustees, officers, board of super- visors, board of trustees, common council, or other body by whom such contract was awarded, a good and sufficient 10-18 PUBLIC WORKS. bond, to be approved by such contracting body, officers, or board, in a sum not less than one haif of the total amount payable by the terms of the contract; such bond shall be executed by the contractor, and at least two sureties, in an amount not less than the sum specified in the bond, and must provide that if the contractor, person, companj' or corporation, fails to pay for any materials or supplies furnished for the performanc«j of the work con- tracted to be done, or for any work or labor done thereon of any kind, that the sureties will pay the same, in an amount not exceeding the sum specified in the bond; pro- vided, that such claims shall bf filed as hereafter required. Sec. 2. Any materialman, person, company, or corpora- tion, furnishing materials or supplies, used in the per- formance of the work contracted to be executed or per- formed, or any person who performed work or labor upon the same or any person who supplies both work and ma- terials, and whose claim has not been paid by the con- tractor, company, or corporation, to whom the contract has been awarded, shall, within thirty days from the time such work is completed, file with the commissioners, managers, trustees, ofiicers, board of supervisors, board of trustees, common council, or other body by whom such contract was awarded, a verified statement of such claims, together with a statement that the same has not been paid. At any time within ninety days after the filing of such claim, the person, company, or corporation filing the same may commence an action against the sureties on the bond, specified and required by section one hereof. Sec. 3. This act shall take effect immediately. ACT 2896. An act to regulate the erection of public buildings and structures. [Approved April 1, 1872. Stats. 1871-2, p. 925.] Cal.Rep.Cit. 122, 297. Plans and specifications — Advertisement. Section 1. When by any statute of this state power is given to any state or county ofiicer or ofiicers, or to any board of supervisors or corporation, or any board of trus- tees or commissioners, or other person or persons created or appointed by authority of any such statute, to erect, or PUBLIC WORKS. 1049 cause to be erected or constructed, any state or county or other building or structure, it sliall be the duty of said officer or officers, board of supervisors, corporation, or board of trustees, or commissioners, or other person or per- sons, to advertise for plans and specifications in decail for sa,id building or other structure, and to state in said advertisement the amount authorized by law or other- wise to be expended for the erection of said building or structure; and also the premium to be awarded to the architect whose plans and specifications for the same may be adopted. Architect's bond for contract. Sec. 2. Whenever the plans and specifications of any architect shall be adopted, such officer or officers, board of supervisors, or corporation, or board of trustees or com- missioners, or other person or persons so adopting the same, shall, before any premium shall be awarded for such plans and specifications, require such architect to execute and file with such officer or officers, board of super- visors, corporation, or board of trustees or commissioners, or other person or persons, a good and sufficient bond, with two sufficient sureties thereto, in the penal sum of five thousand dollars, to be approved by such officer or officers, board of supervisors, corporation, or board of trustees, or commissioners, or other person or persons, as the case may be, and conditioned that within sixty days from the date of said bond he will, on presentment to him, enter into a contract containing such provisions and conditions as may be required by such officer or officers, board of supervisors, corporation, or board of trustees, or commissioners, or other person or persons; and also conditioned that he will give such further bond to secure the faithful perform- ance of such contract, with such sureties as may be re- quired of him, in the event that such officer or officers, board of supervisors, corporation, or board of trustees or commissioners, or other person or persons, so acting under authority of law, should, within said sixty days, require said architect to enter into such contract to erect such building or structure, at the price named in said advertisement to be expended for such purpose. In case said architect whose plans and specifications are adopted should enter into such contract, it shall be the duty of such officer or officers, board of super- 1050 PUBLIC V/ORKS. visors, corporation, or board of trustees or commissioners, or other person or persons, to employ a competent archi- tect or superintendent to superintend the erection of such building or structure, and to see that such plans and speci- fications are faithfully carried out. When contracts void. Sec. 8. All contracts entered into by such officer or officers, board of supervisors, corporation, board of trus- tees, commissioners, or other person or persons, in viola- tion of the provisions of this act, shall be null and void. Sec. 4. This act shall take effect and be in force from and after its passage. Superseded as to state officers and works by the following act :— ACT 2S07. An act to regulate contracts on behalf of the state, in rela- tion to erections and buildings. [Approved March 23, 1876. Stats. 1875-6, p. 427.] Amended 1891, 457; 1895, 237. Cal.Rep.Cit. Ill, 582 ; 111, 587. Before contracting, plans to be furnished. Section 1. That in all cases where the commissioners, directors, trustees, or other officer or officers, to whom Is confided by law the duty of devising and superintending the erection, alteration, addition to, or improvement of any state institution, asylum, or other impro^^ement, erected, or now being erected, or to be erected, by the state, such commissioners, directors, trustees, or other officer or officers, before entering into any contract for the erection, alteration, addition to, or improvement of such institution, asylum, or other improvement, or for the supply of materials therefor, the aggregate cost of which erection, alteration, addition, or improvement, and ma- terials therefor, exceed the sum of three thousand dollars, shall make, or procure to be made, a full, complete, and accurate plan or plans of such institution, asylum or other improvement, or of any addition to, or alteration or im- provement thereof, in all its parts, showing all the neces- sary details of the work, together with working plans suitable for the use of the mechanics or other builders during the construction thereof, so drawn and represented as to be plain and easily understood; and also accurate PUBLIC WORKS. 1051 bills, showing the exact amount of all the different kinds of materials necessary in the erection thereof, addition thereto, or in the alteration or improvement thereof, to accompany said plan or plans; and also full and complete specifications of the v.'ork to be done, showing the manner and style in which the same will be required to be done, giving such directions for the same as will enable any competent mechanic or other builder to carry them out, and afford the bidders all needful information to enable them to understand what will be required in the erection, addition to, alteration, or improvement of such institution, asylum, or other improvement; and to make, or cause to be made, a full, accurate, and complete estimate of each item of expense, and the entire aggregate cost of such in- stitution, asylum, or other improvement, or of any addi- tion to, alteration or improvement thereof, when com- pleted. Plans, etc., to be approved by governor, treasurer, and sec- retary of state. Sec. 2. That such plans, drawings, representations, bills of materials, and specifications of work, and estimates of the cost thereof, in detail and in the aggregate, as are re- quired in the first section of this act to be made, shall be, *vhen made, submitted to the governor, state treasurer, and secretary of state, for their approval, and if approved by them, a copy thereof shall be deposited and safely kept In the office of controller of state. Sealed proposals, notice of. Sec. 3. That after such plans, descriptions, bills of materials, and specifications and estimates as are in this act required are made and approved, in accordance with the requirements of this act, it shall be and is hereby made the duty of such commissioners, directors, trustees, or other officer or officers to whom the duty of devising and superintending the erection, addition to, alteration, or improvement of such institution, asylum, or other improve- ment as in this act provided, to give or cause to be given public notice of the time and place when and where sealed proposals will be received for performing the labor and furnishing the materials necessary to the erection of such institution, asylum, or other improvement, or for the add- ing to, altering, or improvement thereof, and a contract 1052 PUBLIC WORKS. or contracts based on such sealed proposals will be made, which notice shall be published weekly for four consecu- tive weeks next preceding the day named for the making of such contract or contracts, in the paper having the largest circulation in the county where the work is to be let, and in three daily papers having the largest circula- tion and published one in each of the cities of Los Angeles, Sacramento, and San Francisco, and shall state when and where such plan or plans, descriptions, bills, and specifica- tions can be seen, and which shall be open to public in- spection at all business hours between the date of such notice and the making of such contract or contracts. The aforesaid notice must state that separate bids will be re- ceived and separate contracts let for the performance of each of the following pai'ts of said erection .addition, al- teration, or improvement, including the furnishing of ma- terials and labor necessary therefor, viz.: first, for the masonry work, including all brick, stone, terra cotta, and concrete work, and all necessary excavations and filling; second, for the iron work; third, for the car- penter, plastering, electric, and glazing work; fourth, for the plumbing and gas-fitting work; fifth, for the heat- ing work; sixth, for the tinning, galvanized iron, and slating work; and seventh, for the painting and graining work; and there shall be in all such cases as many sep- arate contracts let therefor as there are different kinds of work, according to the foregoing classification, whether the same be let by the state board of harbor commissioners or any other of the aforesaid commissioners, directors, trustees, or other officer or officers. [Amendment approved March 27, 1895. Stats. 1895, p. 237. In effect immediately.] Bond that contractor will perform contract. Sec. 4. That on the day named in said public notice, said commissioners, directors, trustees, or officer or offi- cers, as aforesaid, shall proceed to publicly open said sealed proposals, and shall award such contract or con- tracts for doing the work and furnishing materials for the same to the lowest bidder, giving responsible bonds; provided always, that no proposals shall be considered un- less accompanied with a bond of said proposer, equal to ten per cent of his proposal, with sufficient sureties, condi- tioned that if said proposal shall be accepted the party proposing will duly enter into a proper contract, and PUBLIC WORKS. 1053 faithfully perforin his or their contract or contracts, in accordance with said proposal, and the plan or plans, specifications, and descriptions, which shall be and are hereby made a part of such contract or contracts; and pro- vided further, tiiat such contract or contracts shall not be binding on the state until they are submitted to the at- torney-general, and by him found to be in accordance with the provisions of this act, and his certificate thereon to that effect made; and provided further, that if in the opinion of such commissioners, directors, trustees, or other officer or ofiicers, the acceptance of the lowest bid or bids shall not be for the best interests of the state, it may be lawful for them, with the written advice and consent of the governor, state treasurer, and secretary of state, to accept such proposal or proposals opened, as in their opin- ion may be better for the interests of me state, or re- ject all proposals and advertise for others in the manner aforesaid. All contracts shall provide that such commis- sioners, directors, trustees, or other ofiicer or officers may, as hereinafter pi'ovided, and on the conditions stated, make any change in the work or materials. No change in plan to be made unless approved as original. Sec. 5. That no change of the plan or plans, descrip- tions, bills of materials, or specifications which shall either increase or decrease the cost of said institution, asylum, building, or improvement, exceeding the sum of one thousand dollars, shall be made or allowed after they are once approved and filed with the con- troller of state as herein required, until such pro- posed change shall have received the approval of the governor, state treasurer, and secretary of state; and when so approved, the plan or plans of such change, with the description thereof, and the specifications of the work, and bills of material, shall be filed with the controller of state in the same manner as required before such change was made; and no allowance whatever shall be made for work performed or materials furnished under such change of plan or plans, or descriptions, or specifications, or bills of materials, unless, before such labor is performed and materials furnished, a contract or contracts therefor is made in writing, which contract or contracts shall show distinctly the nature of such ciiange, and shall be subject to all the conditions and provisions herein imposed upon 1054 PUBLIC WORKS. the original contracts, and be subject also to the approval of the attorney-general as hereinbefore provided; pro- vided, that all changes in the contract exceeding five hundred dollars shall be by contracts in writing, with full specifications and estimates, and shall become a part of the original contract, and shall be filed with the controller of state, with the original contract; and provided fur- ther, that the amount of such change in the contract, plans, descriptions, bills of materials, or specifications shall not, in the aggregate, increase the cost of construction of said institution, asylum, building, or improvement more than three per centum of the original contract price or cost. Whole cost not to exceed amount authorized by law. Sec. 6. That no contract or contracts shall be made for the labor or material herein provided for at a price in ex- cess of the entire estimate thereof in this act required to be made, and the entire contract or contracts shall not, including estimates of expenses for architects and other- wise, exceed in the aggregate the amount authorized by law for such institution, asylum, building, or other im- provement, or such addition to, or alteration or improve- ment thereof, under the penalties of section 'ten of this act hereinafter provided. Directors, etc., to estimate labor and materials, and amount due. Sec. 7. At the time or times named in the contract or contracts made and filed with the controller of state, or which has been previously made and filed with him, in accordance with the provisions of this act, for payment to the person or persons with whom such contract or con- tracts had been made, it shall be and is hereby made the duty of the commissioners, directors, trustees, or other officer or oflicers, to whom is confided the duty of super- intending the erection of such institution, asylum, build- ing, or improvement, or adding to, altering, or improving the same, to make or cause to be made a full, accurate, and detailed estimate of the various kinds of labor per- formed and materials furnished under such contract or con- tracts, with the amount due for each kind of labor and materials, and the amount due in the aggregate, which es- timate shall be based upon an actual measurement of the labor so performed and materials so furnished, which PUBLIC WORKS. 1055 estimate shall, in all cases, give the amounts of the pre- ceding estimate or estimates, and the amount of labor performed and materials furnished since the last estimate, which estimate or estimates so made, as in this act re- quired, shall be recorded in a book for that purpose to be provided and kept, or caused to be kept, by the said com- missioners, directors, trustees, or other officer or officers, and a certified copy thereof, addressed to the controller of state by the said commissioners, directors, trustees, or other officer or officers, or by such person as they may des- ignate for that purpose, be delivered to the contractor or contractors, entitled thereto; provided, that upon all es- timates of materials furnished and delivered, and not ac- tually having entered into and become a part of said in- stitution, building or other improvement, there shall not be paid, until the same shall be incorporated into and become a part of said institution, building, or other im- provement, exceeding fifty per centum of such estimated value. Controller to compare estimate with contract. Sec. 8. It shall be the duty of the controller of state, on the receipt of such estimate so certified and approved, to compare, carefully the same with the contract or con- tracts under which labor was done or materials furnished, and if there had been any previous estimates, then with such estimates; and if, upon such comparison, he shall find such last-named estimate in all respects correct, he shall number the same, place it on file, and have a record thereof made, and give to the person or persons entitled thereto, taking his or their receipt therefor, a warrant on the treasurer of state for the amount shown by such es- timate or estimates to be due, less the amount of ten per centum thereon, which shall be retained as an additional security for the faithful performance of his or their con- tract or contracts, and shall be forfeited to the state in the event of a failure of such contractor or contractors to conform in good faith to the terms and conditions of such contract or contracts; but when the labor to be performed and materials furnished, under such contract or contracts, is performed and furnished, and a final estimate thereof made, the controller of state shall include in the warrant or warrants for the amount of such last estimate the percentage retained on former estimates. 1056 PLBLIC V,-0R::S. Sec. 9. Tbe treasurer of state shall pay the warrants issued by the controller of state, under and by virtue of the provisions of this act, placing the same on file, and keeping a register of the names of the person or persons to whom such warrants are paid. Officer making fraudulent plans or estimates. Sec. 10. Any commissioner, director, trustee, or other officer or person otherwise appointed, whose duty it is to superintend, in whole or in part, the erection of such in- stitution, asylum, building, or improvement, or of adding to, altering, or the improvement thereof, or the making of the plans, descriptions, and specifications of the labor to be performed and materials to be furnished, as provided in this act, and the estimates of the cost thereof, or the es- timates of the amount of labor done and materials fur- nished from time to time, under and in accordance with the terms and conditions of the contracts in this act authorized to be made, and the provisions of this act, who shall, in the performance of the duty herein imposed upon him or upon them, knowingly make incomplete or fraud- ulent plans, drawings, bills of materials, specifications of work, or estimates of the cost thereof, or permit the work in any other manner than is prescribed in such plans, descriptions, and specifications, or with materials inferior to that required by such bills of materials, to the injury of the state; or shall knowingly make false estimates of the labor done or materials furnished, either in the quan- tity, or price thereof, to the injury of the state; or any con- tractor, or any agent of any contractor or contractors, who shall knowingly permit materials to be used or v/ork to be done inferior to, or in violation of, the contract of such con- ti'actor or contractors, to the injury of the state, shall be deemed and held guilty of a felony, and upon conviction thereof shall be confined in the state prison for not less than one year nor more than five years, and be liable to the state for double the amount the state may have lost, or be liable to lose, by reason thereof. Attorney-general to enforce contracts. Sec. 11. It shall be the duty of the attorney-general to have charge of and direct all the proceedings necessary to enforce the contracts authorized bj' this act and the provisions of this act, against such person or persons as become liable to the penalties herein prescribed. PUBLIC WORKS. 1057 Officers to require diligence in contractor. Sec. 12. Whenever, in the opinion of the commissioners, directors, trustees, or other officers charged with the duty of devising and superintending the erection, alteration, ad- dition to, or improvement of any state institution, asylum, building, or other improvement under this act, or any law of this state, the work under any contract made in pur- suance of this act, or any such law, is neglected by the con- tractor or contractors, or that the same is not prosecuted with the diligence and force specified, meant, or intended in and by the terms of the contract, it shall be lawful for such commissioners, directors, trustees, or otuer officers to make a requisition upon such contractor or contractors for such additional specific force, or for such additional specific materials, to be brought into the work under such contract, or to remove improper materials from the grounds, as in the judgment of such commissioners, direc- tors, trustees, or other ofiicers, said contract and its due and faithful fulfillment require; of which action of said board or other officers, due notice in writing of not less than five days, shall be served upon such contractor, or his or their agent having charge of the work. And if such contractor or contractors fail to comply with such requisi- tion within fifteen days, it shall be lawful for said com- missioners, directors, trustees, or other officers, with the consent, in writing, of the governor, treasurer of state, and secretary of state, to employ upon such work the ad- ditional force, or supply the materials so spGcincally re- quired as aforesaid, or such part of either as they may deem proper, and to remove improper materials from the grounds; and it shall be the duty of such commissioners, directors, trustees, or other officers, to make separate estimates of all such additional force or materials so em- ployed or supplied as aforesaid, and which, being certified to by said commissioners, directors, trustees, or other officers, shall be paid by the controller of state the same as if made out agreeably to section seven of this act, and the amount so paid shall be charged against said con- tractor or contractors, and deducted from his or their next, or any subsequent, estimate; or the same, or any part thereof, not paid as aforesaid, may be recovered by action from such contractor or contractors, and their sureties. Gen. Laws— 45 1058 PUBLIC WORKS. Time to be fixed for completion of contract. Sec. 13. In all contracts made under the provisions of this act, there shall be a provision in regard to the time when the whole, or any specified portion, of the work con- templated in said contract shall be completed, and also providing that for each and every day the same shall be delayed beyond such time or times so named, the said con- tractor or contractors shall forfeit and pay to the state a sum of money, to be fixed and determined in said con- tract, to be deducted from any payment or payments due, or to become due, to said contractor or contractors. Applicable to former contracts. Sec. 14. All contracts now made and not performed, for the erection, alteration, addition to, or improvement of any state institution, asylum, building, or other improve- ment, shall, as far as practicable, be performed, completed, and enforced and settled for under this act, or may, by the consent of the contracting parties, be made to con- form to and proceed under the provisions of this act. Sec. 15. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 16. This act shall take efiect from and after its passage. ACT 2S9S. An act to provide for the completion of all unfinished county, city, city and county, town, and township build- ings in the several counties, cities and counties, citieg, and towns, throughout the state of California. [Approved March 10, 1S87. Stats. 1SS7, p. 95.] Amended 1891, 83; 1893, 126; 1895, 166. Cal.Rep.Cit. 96, 290; 128, 129. Construction of unfinished buildings. Section 1. In the event that the board of supervisors of the several counties, cities, and cities and counties of the state of California shall deem it expedient to con- tinue the construction of any unfinished county, or city and county, or town, or township building or buildings now in the process of construction, they are hereby author- ized and empowered to express such judgment, by resolu- tion or order, in such form as they may deem proper; and for the purpose of raising the money necessary to com- PUBLIC WORKS. 1059 plete said building or buildings the board of supervisors of the several counties, cities, and cities and counties of the state of California are hereby authorized and empowered to levy and collect, annually, for the fiscal year commen- cing July first, eighteen hundred and eighty-seven, and ending June thirtieth, eighteen hundred and eighty-eight, and each and every fiscal year thereafter during the eight fiscal years next ensuing, in the same manner and at the same times as other taxes in said counties, cities, and towns, and townships, and cities and counties are levied and collected, an ad valorem property tax on real and per- sonal property within the said counties, or cities and counties, cities, towns, and townships, of ten cents on each one hundred dollars of value, as shown by the assessment rolls of said counties, cities, cities and counties, towns, and townships for the current fiscal year; provided, the moneys raised under the provisions of this act shall be expended only in the manner and for the purposes author- ized by law or by the act or acts authorizing the construc- tion of the building or buildings; and provided further, that no part of said moneys shall be used for the purchase of carpets, furniture, fixtures, or other oflBce furnishings of the rooms or oflices completed and in use at the time of the passage of this act, nor for any furniture or other ofiice fixtures or furnishings for the rooms or offices yet to be completed, save and except such office fixtures as are usu- ally affixed to and constitute a part of the permanent struc- ture or arrangement of such offices or rooms; and it is further provided, that whenever, in the judgment of the board of supervisors of the several counties, cities, and cities and counties of the state of California, or of any pei'- son or persons, board, or commission having charge of any building or buildings now in the process of construc- tion, it shall be deemed necessary for the preservation of the building or buildings, or convenient occupation thereof, or the improvement or maintenance of sanitary conditions therein, or the protection of life, to malie repairs on said building or buildings, or alterations thereof not inconsis- tent with the accepted plan of the building or buildings, the board of supervisors, person or persons, board, or com- mission having legal charge of the same, shall have the power to expend in any one year on such repairs or altera- tions, exclusive of the cost of repairs or alterations on 1060 PUBLIC WORKS. the roof or roofs thereof, the sum of ten thousand dollars, and no more; which sum may be expended without re- gard to any of the requirements of any act or acts author- izing the construction of the building or buildings, if the amount expended at any one time does not exceed the sum of one thousand dollars; but whenever an expenditure in excess of the sum of one thousand dollars should be re- quired, it shall be made according to the provisions of the act or acts authorizing the construction of the building or buildings. [Amendment approved March 26, 18S5. Stats. 1895, p. 166. In effect immediately.] Sec. 2. All laws now in force, except in so far as they relate to the levy and collection of taxes for the comple- tion of any county, or city and count3^ or city, or towns, or townships building or buildings, are hereby continued in full force and effect. ACT 2899. An act concerning the completion of unfinished public buildings in any county, city, city and county, or town in this state, and permitting alterations of the original plans or designs for the construction thereof. [Approved March 26, 1895. Stats. 1895, p. 165.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Where there are any unfinished public build- ing or buildings now in process of construction in any county, city, city and county, or town in this state, the board of supervisors or other governing body of any county, city, city and county, or town, or any commission created by an act of the legislature, having in charge the construction of such unfinished building, shall have the right in the construction thereof to omit from the original or adopted plan therefor such part or parts as in their judg- ment they shall deem necessary to be left out; provided, no contract has been let for the construction of such part or parts. If, in the judgment of such ofiicers, the public good requires, they may let contracts according to law for the construction, in whole or in part, of the unfinished portions of such public building or buildings in accordance with such altered plan. When the same shall have been constructed in accordance with such altered plan, the build- ing shall be deemed to have been completed. PUBLIC WORKS. 1061 Sec. 2. Whenever, during the construction of such pub- lic buildi-ng or buildings, changes in the original plans or designs have heretofore been made, and contracts for the construction of the work, in whole or in part, in accord- ance with the altered plans or designs, have been entered into by the board of supervisors, or other governing body of any county, city, city and county, or town, or by the commission having the construction thereof in charge, the said alteration of the original plans or designs that have been made and contracts for same that have been entered into, are hereby ratified, approved, and confirmed. Sec. 3. This act shall take effect from and after its pas- sage. ACT 2900. An act authorizing the incurring of indebtedness by cities, towns, and municipal corporations, incorporated under the laws of this state, for the construction of water- works, sev/ers, and all necessary public improvements, or for any purpose whatever, and to repeal the act approved March 9, 1885, entitled "An act to authorize municipal corporations of the fifth class, containing more than three thousand and less than ten thousand inhabitants, to obtain water-works"; also to repeal an act approved March 15, 1887, entitled "An act au- thorizing the incurring of indebtedness by cities, towns, and municipal coi'porations, incorporated under the laws of this state." [Approved March 19, 1889. Stats. 1889, p. 399.] Amended 1891, 84, 94, 132 ; 1893, 91. Of the last amendment, the code commissioners say : "This latter amendment attempted to be repealed by 1897, 97, but such repeal declared unconstitutional in City of Los Angeles v. Hance, 122 Cal. 78." Municipal corporations may incur indebtedness. Section 1. Any city, town or municipal corporation, incorporated under the laws of this state, may, as herein- after provided, incur indebtedness to pay the cost of any municipal improvement, or for any purpose whatever re- quiring an expenditure greater than the amount allowed for such improvement by the annual tax levy. Manner of procedure. Sec. 2. Whenever the legislative branch of any city. 1062 PUBLIC WORKS. town, or municipal corporation shall, by ordinance passed by a vote of two thirds of all its members, and approved by the executive of said city, town, or municipal corpora- tion, determine that the public interest or necessity de- mands the acquisition, construction, or completion of any municipal buildings, bridges, water-works, water-rights, sewers, or other municipal improvements, the cost of which will be too great to be paid out of the ordinary an- nual income and revenue of the municipality, they may, after the publication of such ordinance for at least two weeks in some newspaper published in such municipality, and at their next regular meeting after such publication, or at an adjourned meeting, by ordinance passed by a vote of two thirds of all its members, and also approved by the said executive, call a special election and suumit to the qualified voters of said city, town, or municipal corpora- tion, the proposition for the purpose set forth in the ordi- nance, and no question other than the incurring of indebt- edness for said purpose shall be submitted. The ordinance calling such special election shall recite the objects and purposes for which the indebtedness is proposed to be in- curred, the estimated cost of the proposed public improve- ment, the necessity for such improvement, and that bonds of the municipality shall issue for the payment of the cost of such improvement, as in such ordinance set forth, if the proposition be accepted by the qualified voters, as hereinafter provided, and shall fix the day on which such special election shall be held, the manner of holding such election, and the voting for or against incurring such indebtedness; such election shall be held as provided by law for holding such elections in such city, town, or mu- nicipal corporation; provided, however, that where by the terms or provisions of the charter of any city, town, or municipal corporation, the cost of making the proposed improvements is to be or must be paid from a special fund created by such charter for that purpose, the propo- sition of incurring such an indebtedness may be submitted to the qualified voters at any general election for officers of the state of California or of such city, town, or municipal corporation. [Amendment approved March 11, 1891. Stats. 1S91, p. 94.] Publication of intention to incur indebtedness. Sec. 3. Such ordinance shall be published once a day PUBLIC WORKS. 1063 for at least ten days, or once a week for two weeks, before the publication of the notice of the special election, in some newspaper published in such municipality. After said publication, said legislative body shall cause to be published, for not less than two weeks, in at least one of the newspapers published in such municipality, a notice of such special election, the purpose for which the in- debtedness is to be incurred, the number and character of the bonds to be issued, the rate of interest to be paid, and the amount of tax levy to be made for the payment thereof. It shall require the votes of two thirds of all the voters votir.g at such special election to authorize the issuance of the bonds herein provided. Plans and estimates of improvements. Sec. 4. It shall be the duty of the legislative branch of any municipality contemplating permanent public im- provements, to first have plans and estimates of the cost of such improvements, made by a competent engineer or architect who has had successful experience in such work, before the question of incurring an indebtedness for such improvement is submitted to vote. Limit of indebtedness. Sec. 5. No city, town, or municipal corporation shall incur an indebtedness for public improvements which shall, in the aggregate, exceed fifteen per cent of the as- sessed value of all the taxable real estate and personal property of such city, town, or municipal corporation. [Amendment approved March 11, 1891. Stats. 1891, p. 84.] Character of bonds. Sec. 6. All municipal bonds for public improvements issued under the provisions of this act shall be of the character of bonds known as serial g, and shall be payable in gold coin or lawful money of the United States, in the manner following: One fortieth part of the whole amount of indebtedness shall be paid each and every year, on a day and at a place to be fixed by the legislative branch, of the municipality issuing the bonds, together with the interest on all sums unpaid at such date. The bonds shall be issued in such denominations as the legislative branch of the municipality may determine, except that no bonds shall be of a less denomination than one hundred dollars nor of a greater denomination than one thousand dollars 1064 PUBLIC WORKS. each, payable on the day and at the place fixed in such bond, and with interest at the rate specified in the bond, which rate shall not be in excess of the legal rate of the state of California, and may be payable annually or semi- annually. Such bonds may be issued and sold by the legislative branch of the City, town, or municipal corpora- tion, as they may determine, at not less than their face value, in gold coin of the United States, and the proceeds of such sale shall be placed in the municipal treasury to the credit of the proper improvement fund, and shall be applied exclusively to the purposes and objects mentioned in the ordinance, until such objects are fully accomplished, after which, if any surplus remains, such surplus sha.ll be transferred to the general fund of such municipality. [Amendment approved March 1, 1893. Stats. 189o, p. 61. In effect immediately. Repealed all conflicting acts.] This section was in turn repealed by the act of March 9, 1897, Stats. 1897, p. 75. This repeal was declared unconstitutional. See note at head of this act. Rate of interest. Sec. 7. The legislative branch of any city, town, or municipal corporation, issuing bonds under authority of this act, shall have the right to determine the rate of in- terest such bonds shall bear; provided, that in no case shall it exceed seA'en per cent per annum, and to name the date and place where such bonds and interest shall be paid; provided, that the place of payment shall be either at the ciSce of the treasurer of the municipality, or at some designated bank in San Francisco, Chicago, ^;ew York, or Boston. Tne said bonds shall be signed by the executive of the municipality, and also by the treasurer thereof, and shall be countersigned by the clerk. The coupons of said bonds shall be numbered consecutively, and signed by the treasurer. Tax levy. Sec. 8. The legislative branch of said city, town, or municiptil corporation shall, at the time of fixing the gen- eral tax levy, and in the manner for such general tax levy provided, levy and collect annually, esch year, for the term of forty years, a tax sufficient to pay tne annual interest on such bonds, and also one fortieth part of the aggre- gate amount of such indebtedness so incurred. The tax-es herein required to be levied and collected shall be PUBLIC WORKS. 1065 in addition to all other taxes levied for municipal purposes, and shall be collected at the same time and in the same manner as other municipal taxes are collected. [Amend- ment approved March 1, 1893. Stats. 1S93, p. 61. In effect immediately. Repealed all conflicting acts.] This section was in turn repealed by the act of March 9, 1897, Stats. 1897, p. 75. See note under sec. 6. Duty of corporation. Sec. 9. It shall be the duty of the legislative branch of every city, town, or municipal corporation wherein public improvements are being made under the provisions of this act, to make all needful rules and regulations for carrying out and maintaining such improvements; to ap- point all needful agents, superintendents, and engineers to properly look after the construction and operation of such public works, and in all lawful ways to protect and preserve the rights and interest of the municipality; provided, how- ever, that in cities, towns, or municipalities operating un- der a charter heretofore or hereafter framed under section 8 of article XI of the constitution, and having a board of public v/orks, all the matters and things required in tnis section to be done and performed by the legislative branch of the municipality shall be done and performed by the board of public works of such city, town, or municipality. [Amendment approved March 19, 1891. Stats. 1891, p. 132.] Letting of contracts. Sec. 10. All contracts for the construction or comple- tion of any public works or improvements, or for furnishing labor or materials therefor, as herein provided, shall be let to the lowest responsible bidder. The legislative branch of the municipality shall advertise for at least ten days, in one or more newspapers published in the municipality, inviting sealed proposals for furnishing the labor and ma- terials for the proposed improvements, before any con- tract shall be made therefor. The said legislative branch shall have the right to require such bonds as they may deem best, from the successful bidder, to insure the faith- ful performance of the contract work. They shall also have the right to reject any or all bids; provided, however, that in cities, tov/ns, or municipalities operating under a charter heretofore or hereafter framed under section 8 of article XI of the constitution, and having a board of 1066 PUTAH CREEK— QUARANTINE. public works, all the matters and things required in this section to be done and performed by the legislative branch of the municipality shall be done and performed by the board of public works of such city, tovrn, or municipality. [Amendment approved March 19, 1S91. Stats. 1891, p. 132.] Additional bonds of treasurer. Sec. 11. Whenever the legislative branch of any munici- pality shall, by resolution, deem it necessary, they may re- quire the treasurer of such municipality to give additional bonds for the safe custody and care of the public funds. Repealing acts 1885, 1887. Sec. 12. The act approved March ninth, eighteen hun- dred and jeightj'-five, entitled An act to authorize munici- pal corporations of the fifth class, containing more than thre-e thousand and less than ten fhousand inhabitants, to obtain public water-works, and the act approved March fifteenth, eighteen hundred and eighty-seven, entitled An act authorizing the incurring of indebtedness by cities, towns, and municipal corporations, incorporated under the laws of this state, and all general acts, or special acts, or parts of acts, conflicting with this act, are hereby re- pealed. Sec. 13. This act shall take effect and be in force from and after its passage. The act of March 15, 1887, was also amended by act approved February 16, 1889, Statutes 1889, 14. TITLE 388. ACT 2005. P^^TAH CREEK. Solano and Yolo counties, protecting from overflow by Puiah Creek. [Stats. 1871-2, p. 941.] Repealed 1873-4, 84. This act provided for the formation of the Yolo and Solano canal district for the purpose of protecting certain lands from overflow from Putah Creek. ACT 2010. TITLE 389. QUARANTINE. An act to regulate quarantine, and the admission of horses, cattle, sheep, and swine into the state of California from infected districts. [Approved March 19, 1889. Stats. 1889, p. 375.] QUARANTINE. 1067 Quarantine against entry of domestic animals. Section 1. Tiie state board of liealth shall be empow- ered to declare quarantine against the entry of domestic animals from any state or territory, or any foreign port or country, in which contagious or infectious diseases are known to exist; said infected parts to be named in the proclamation. Entry of, through state board of health. Sec. 2. All domestic animals coming into the state from districts mentioned in section one must be required to enter the state at such points only as the state board of health may by proclamation determine, and designate where they must be unloaded for inspection. Evidence of owners. Sec. 3. All owners of domestic animals coming into this state from localities quarantined against will be required to furnish the following evidence that such ani- mals are free from disease. First — The affidavit of two disinterested parties, who have known such animals for a period of four months prior to the date of shipment, that they have been healthy, anu exposed to no contagious disease, and that no contagious disease is known or believed to exist in the district or country from which they came. Second — The certificate of the county clerk of the county, that persons making such affidavit are responsible and reputable citizens of the county. Third — The affidavit of the ov/ner or person in charge, made at the point of entry, that such domestic animals are the identical animals described in the foregoing affidavits, and that shipment has been direct, and without unloading, except for food and water, and in cleansed and disinfected cars. Affidavit of owners. Sec. 4. Owners or persons in charge of domestic ani- mals from localities not named in such proclamation must certify, under oath, that such domestic animals have been kept in one place for a period of four months immediately preceding the date of shipment (giving the name of the town and county and state, territory, or country), and have not been exposed to any contagious disease for a period of three months prior to the date of shipment. IOCS QUARAXTIXE. Evidence to be submitted. Sec. 5. All the foregoing evidence to be submitted to the state veterinarian, or an authorized inspector of the state, v/hen permits for shipment in this state shall be issued. Quarantined calves. Sec. 6. Dealers' calves gathered in quarantined states or territories will be quarantined at the points of entry. Domestic animals. Sec. 7. Domestic animals not receiving permits for shipment, and retained in quarantine, will be held at the owner's risk and expense. Same. Sec. 8. All domestic animals arriving at points of en- try shall be inspected free of charge to the owner. Railway company must have permit. Sec. 9. No railway company doing business in this state shall receive for shipment into this state any domestic animals unless accompanied by a permit signed by an authorized inspector. Cattle, when not to enter state. Sec. 10. No cattle shall enter this stale from Texas, New Mexico, or Mexico, for grazing purposes during the months of March, April, May, June, July, August, Septem- ber, October, and November in each year. Shipment for slaughter. Sec. 11. All cattle from those parts mentioned In sec- tion ten entering this state during the months mentioned in section ten, and intended for butchering purposes, shall pass from the point of entry into the slaughter-house yard, which yard shall be specially constructed and isolated for the purpose of receiving such stock. The stock shall be unshipped in said yard direct from the cars running into the yards for that purpose. Character of cars. Sec. 12. Said cattle shall moreover be shipped in spe- cially constructed cars, which will prevent the dropping of manure and urine on the track during transit, and in unshipping such cattle the cars shall be thoroughly disin- fected with carbolized whitewash. QUARANTINE. 1069 When may be unshipped. Sec. 13. All cattle entering this state for the purposes mentioned in section eleven shall only be unshipped be- tween the point of entry and destination at places set apart by the state board of health in its proclamation; and no native stock shall be allowed at any time to enter said places; said places shall be moreover thoroughly disinfected in such manner as the state board of health may direct. Violation of act. Sec. 14. Any person or persons, corporations, or firms^ who shall violate any of the provisions of this act, shall be liable for all damages sustained, and a fine of one thou- sanu uuilars, to be recovered in any court of competent jurisdiction, on account of any contagious or infectious disease being communicated from any diseased animal to any other animal in the neighborhood, or along the line of such transportation of such diseased animals into or through this state, or from one part thereof to another; and the existence or presence of such contagious or in- fectious disease among the native cattle of this state on the same ranch with or in the vicinity of any such dis- eased animals, -or along the line or route over which they were transported, shall be prima facie evidence that the same were affected with such disease at tne time of being so removed or transported, and communicated it to such native domestic animals so affected therewith. Definition. Sec. 15. The words "domestic animals" whenever used in this act shall be construed to mean and include horses, mules, asses, cattle, sheep, goats, and swine. Inspectors to be appointed. Sec. 16. The state board of health are hereby author- ized to appoint one inspector for each of the points of entry by railroad communication into this state, who shall reside at such point as may be designated by the state board of health, and shall receive such compensation for actual services as may be determined by said board, not to exceed one hundred dollars per month; such compen- sation to be paid out of any moneys in the state treasury not otherwise appropriated, upon the warrants of the 1070 RAILROADS. controller of state drawn upon the certificate of the state board of health allowing the same. Sec. 17. This act shall take effect immediately. Cal.Rep.Cit. 41, 359; 42, 206 50, 349; 52, 59; 52, 61 71, 85 ; 75. 645; 109, 584 TITLE 390. ACT 2915. RAILROADS. To provide for incorporation of railroad companies. [Stats. 1861, p. 607.] Amended 1862, 498. 547 ; 1863, 610 ; 1865-6, 310 ; 1867-8, 705 ; 1869-70, 577. Repealed, see note to act 632, ante. See, also, Cal. Pac. R. R. Co. V. Cent. Pac. R. R. Co., 47 Cal. 528. 45, 312; 47, 519; 49, 397; 63, 469 ; 66, 609 ; 66, 611 ; 115, 590; 129, 540. ACT 2916. Supplementing statute concerning railway corporations. [Stats. 1862, p. 498.] Repealed by sec. 288, Civil Code. See note, act 632, ante. ACT 2917. Permitting and authorizing railway and other corporations organized under the laws of this state, or of any state or territory, or any act of congress, to do business in this state on equal terms. [Stats. 1880, p. 21.] Cal.Rep.Cit. 116, 103. This act also authorized one railroad corporation to lease the road of another corporation and to acquire the lease of Its road. It is contained in full in the Civil Code, Appendix, p. 764. ACT 2918. Nevada County, railroad from Colfax to Nevada City, pro- viding for. [Stats. 1873-4, p. 492.] ACT 2919. Railroad from Marysville to Knight's Landing, construc- tion of, and regulation of freights and fares. [Stats. 1873-4, p. 780.] ACT 2920. Commissioners of transportation, appointment of. [Stats. 1875-6, p. 783.] Repealed 1877-8, 969. Cal.Rep.Cit. 62, 506. . RAILROADS. 1071 ACT 2921. Concerning the powers of the railroad commissioners. [Stats. 1880, p. 45.] Cal.Rep.Cit. 79, 164; 105, 320; 132, 678; 132, 687. This act appears in full in Civil Code, Appendix, p. 766. ACT 2922. To provide for the construction of a railroad from lone to Sutter Creek or Jackson. [Stats. 1877-8, p. 841.] ACT 2923. Granting right of way and station grounds to the Southern California Railway Company over a portion of the asylum grounds in San Bernardino County. [Stats. 1893, p. 121.] ACT 2924. Relating to the operation of railroads. [Stats. 1893, p. 208.] Cal.Rep.Cit. 121, 658. This act appears in full in Civil Code, Appendix, p. 772. It authorized railroads using steam to use electricity or steam, or both, provided that in incorporated cities of more than 5,000 inhabitants authority must be obtained. ACT 2925. To compel the operation of railroads. [Stats. 1880, p. 43.] This act appears in full in Civil Code, Appendix, p. 765. ACT 2926. To provide for the management and operation of railroads above certain elevations. [Stats. 1897, p. 5.] This act appears in full in Civil Code, Appendix, p. 765. ACT 2927. To enable railroad companies to complete their roads. [Stats. 1877-8, p. 944.] This act appears in full in Civil Code, Appendix, p. 763. ACT 2928. To ratify ordinances passed by the governing bodies of municipal corporations, giving permission to propel cars by electricity. [Stats. 1891, p. 12.] This act appears in full in Civil Code, Appendix, p. 763. ACT 2929. Rates of fare on street railroads in cities of more than one hundred thousand inhabitants. [Stats. 1877-8, p. 18.] This act appears in full in Civil Code, Appendix, p. 771. 1072 RAILROADS. ACT 2930. Requiring street railroad corporations to allow United States mail carriers to ride free of charge. [Stats. 1893, p. 44.] This act appears in full in Civil Code, Appendix, p. 773. ACT 2931. An act to authorize cities and towns to grant franchises for the construction and maintenance of railroads be- yond the limits of such cities or towns leading to pub- lic parks owned thereby. [Became a law, under constitutional provision, without governor's approval, March 1, 1897. Stats. 1897, p. 46.] The people of the state of California, represented in the senate and assembly, do enact as follows: Section 1. It shall be lawful for the council, trustees, or other governing body of any city or town owning public parks situated outside of said city or town, to grant fran- chises for the building and operation of railroads from any point in, or at the exterior boundary of such city or town, to, in, or through such park, in the same manner and to the same extent as it now has power to grant the same for street railroads within the limits of such city or town; provided, that in addition to all other conditions, it shall be made a condition of such franchise that the fare of passengers on such road or roads shall never ex- ceed five cents for a single trip. Sec. 2. All railroads, except as otherwise provided in this act, authorized by this act to be so chartered shall be governed by the provisions of part four, title four, of the Civil Code of California, concerning street railroads and corporations, so far as the same shall be applicable thereto, and of all acts amendatory thereof. Also by the provisions of "An act providing for the sale of railroad and other franchises in municipalities and relative to granting of franchises," approved March twenty-third, eighteen hundred and ninety-three. Sec. 3. This act shall take effect immediately. ACT 2932. To promote the safety of emploj-ees and passengers upon street railroads, by compelling equipment of cars and dummies with fenders and brakes, and to prescribe penalties. [Approved March 22, 1899. Stats. 1899, p. 183.] RAMIE CUSTURE— RECLAMATION DISTRICTS. 1073 TITLE 391. ACT 2937. RAMIE CULTURE. To encourage the ciultivation of ramie in the state of California, to provide a bounty for ramie fiber, and to malve an appropriation therefor; to appoint a state superintendent of ramie culture, and make an appro- priation for his salary. [Approved March 31, 1891. Stats. 1891, p. 283.] Cal.Rep.Cit. 94, 435. Unconstitutional. (Murray v. Colgan, 94 Cal. 435.), TITLE 392. ACT 2942. RECLAMATION DISTRICTS. Providing for funding of indebtedness of. [Stats. 1871-2, p. 835.] Amended 1873-4, 237, 585; 1875-6. 888. Cal.Rep.Cit. 45, 357. ACT 2943. San Joaquin County, Mormon Slough, authorizing inhab- itants of to form a reclamation district. [Stats. 1871-2, p. 709.] ACT 2944. Sutter Coi'.nty, levee district No. 1, defining boundary and providing for the care of, etc. [Stats. 1873-4, p. 511.] Amended 1877-8, 914 ; 1889, 355 ; 1901. 629. Cal.Rep.Cit. 56, 225; 68, 544. ACT 2945. Sutter County, levee district No. 2, funding of Indebted- ness of. [Stats. 1875-6, p. 155.] ACT 2946. Levee district No. 2, Sutter County, defining boundary and providing for government of. [Stats. 1875-6, p. 391.] Amended and supplemented 1893, 199 ; 1895, 236. ACT 2947. To empower the trustees of levee district No. 1, Sutter County, to issue bonds for the payment or funding of its indebtedness. [Stats. 1880, p. 30.] 1074 RECLAMATION DISTRICTS. ACT 2948. To define the boundaries and provide for the government of levee district No. 6, Sutter County. [Stats. 1891, p. 237.] ACT 2949. To provide for funding the indebtedness of levee district No. 6, Sutter County, and to provide for the payment of such funded debt. [Stats. 1891, p. 235.J ACT 2950. Conferring additional powers upon trustees of swamp-land district No. 17, in San Joaquin County. [Stats. 1S75-6, p. 781.] ACT 2951. Providing for the payment of interest on trustees' orders against certain swamp lands. [Stats. 1871-2, p. 802.] This act related to swamp land districts Nos. 50 and 54. ACT 2952. Reclamation district No. 54, Sacramento County, ratifying. [Stats. 1877-8, p. 530.] ACT 2953. Sutter County, relating to swamp-land district No. 70. [Stats. 1871-2, p. 719.] This act provided that the warrants should bear interest. ACT 2954. Swamp-land district No. 70, to reorganize. [Stats. 1877-8, p. 580.] Amended 1891, 62. ACT 2955. To legalize the acts of the supervisors of Yolo County In forming reclamation district No. 108. [Stats. 1871-2, p. 776.] Cal.Rep.Cit. 52, 188; 53, 350. ACT 2956. Reclamation district No. 108. relating to unpaid warrants and assessment in. [Stats. 1871-2, p. 696.] Repealed 1903, 53. This act provided that unpaid assessments and warrants bear Interest. RECLAMATION DISTRICTS. 1075 ACT 2957. Contra Costa County, swamp-land district No. 118, relative to. [Stats. 1873-4, p. 689.] This act validated certain acts relating to. ACT 2958. Swamp-land reclamation district No. 118, act relating to assessment in. [Stats. 1875-6, p. 140.] Unconstitutional. (People v. Houston, 54 Cal. 536.) ACT 2959. Reclamation district No. 124, Colusa County. [Stats. 1873-4, p. 957;] Cal.Rep.Cit. 68, 516. This act legalized this district. ACT 2960. Swamp-land district No. 150, Yolo County, formation of. [Stats. 1873-4, p. 867.] Cal.Rep.Cit. 98, 52. ACT 2961. To create and organize reclamation district No. 205, Sacra- mento County. [Stats. 1877-8, p. 911.] Repealed 1880, 25. Cal.Rep.Cit. 117, 122. ACT 2962. Swamp-land district No. 221, San Joaquin County, legaliz- ing. [Stats. 1877-8, p. 434.] ACT 2963. Reclamation district No. 252, Sacramento County, estab- lishing. [Stats. 1877-8, p. 531.] ACT 2964. Creating reclamation district No. 254, Sacramento County. [Stats. 1877-8, p. 909.] ACT 2965. Swamp-land district No. 307, Yolo County, legalizing pro- ceedings in. [Stats. 1877-8, p. 250.] ACT 2966. Reclamation district No. 317, Sacramento County, creating. [Stats. 1877-8, p. 562.] 1076 RECLAMATION DISTRICTS. ACT 2967. Sacramento County, swamp lands in, funds for. [Stats. 1871-2, p. 881.] Repealed 1873-4, 274. This act related to districts Nos. 50 and 54. ACT 2968. Sacramento County, delinquent reclamation assessments, collection of. [Stats. 1873-4, p. 885.] Superseded by County Government Acts. (Lynch v. Butte County, 102 Cal. 446.) ACT 2969. San Joaquin County, reclamation districts in. [Stats. 1875-6, p. 281.] ACT 2970. To create and establish two new reclamation districts of this state, to be known, respectively, as Union Island Reclamation District No. 1, and Union Island Reclama- tion District No. 2, embracing within their respective territorial limits a portion of Union Island, in San Joaquin County; to define the boundaries of such dis- tricts, and provide for the organization and govern- ment thereof, and to dissolve all other reclamation districts in conflict therewith. [Approved February 23, 1903. Stats. 1903, p. 37.] ACT 2971. Yolo and Solano counties, supervisors, powers of. [Stats. 1873-4, p. 602.] This act authorized the supervisors to approve petitions for the formation of reclamation districts. ACT 2972. To facilitate equalization of assessments in reclamation districts. [Stats. 1881, p. 68.] ACT 2973. To subject certain reclamation districts to the provisions of the Political Code. [Stats. 1885, p. 77.] This made districts organized prior to January 1, 1873, subject to the provisions of the code. ACT 2974. Providing for the dissolution and annulment of reclamation districts for non-user of corporate powers. [Stats* 1899, p. 13.] RECLAMATION DISTRICTS. 1077 ACT 2975. An act to provide for the issuing of bonds by reclamation districts, and the disposal thereof for reclamation and other purposes, and their payment by taxation upon the property situated in such reclamation districts. [Approved March 27, 1895. Stats. 1895, p. 197.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever in the opinion of the board of trustees of any reclamation district now formed, or here- after to be formed, under any law of this state, the cost of the works of reclamation according to the plans thereof will be too great to be raised by assessments as provided in the Political Code, said board of trustees shall order a special election to be held at some place in said district to be designated by said board of trustees, at which said special election shall be submitted to the owners of land in said district the question whether or not the bonds of said district shall be issued in an amount necessary to construct said works of reclamation, which said amount shall be estimated by said board of trustees, and stated in the order for such special election. Sec. 2. Notice of such special election must be given by the board of trustees by posting notices thereof in at least three public places in the district, at least twenty days prior thereto, and also by publication for the same time in some newspaper published in each county in which any portion of said district may be situated, if there be a newspaper published in each of such counties, and if there is no newspaper so published, then by such publica- tion in each county in which there is a newspaper pub- lished, and such notice must specify the time and place of holding such election, the amount of bonds proposed to be issued, and the names of three laud-holders of the district to act as a board of election. Sec. 3. At such election each holder of lands in the district shall be entitled to vote in person or by proxy, and shall have the right to cast one vote for each dollar's worth of real estate owned by him in the district, the value thereof to be determined from the next preceding assessment roll of the county where the same is situated; and the board of trustees of the district shall, prior to the -election, procure from the assessor of each county where 1078 RECLAMATION DISTRICTS. any portion of the district is situated, a list, certified by such assessor, containing a description of all the land of the district situated in such county, the name of the person to whom each tract is assessed, and the value thereof as appears from the assessment roll of said county, which said list shall be furnished to and be used by the said board of election in determining the number of votes each voter is entitled to cast. No person shall vote by proxy at such election, unless authority to cast such vote shall be evidenced by an instrument in writing, duly acknowl- edged and certified as grants of real property, and filed with the board of election. The ballots cast at such elec- tion shall contain the words "Bonds — Yes," or the words "Bonds — No," and also the name of the person casting the ballot, with the number of votes cast by him; and a list of the ballots east shall be made by the beard of elec- tion, containing the name of the voter, and if the ballot be cast by proxy, the name of the person casting it, the number of votes cast, and whether the same be cast for or against the issuing of the bonds. Sec. 4. If the persons, or any of them, appointed and specified in the notice of election as the board of election fail to attend at the time and place appointed for the election, the voters present at the time for opening the polls may appoint any land-holder of the district then pres- ent to fill the place of any absent member thereof. Each member of such board of election must, before entering upon his duties as such, take an official oath as such member of the board of election, which said oath may be administered by any officer authorized to administer oaths, or by any land-holder in the district. The polls shall be kept open for the reception of votes from ten o'clock A. M. until four o'clock P. M. At the close of the polls the board of election shall at once proceed to canvass the votes, and declare the result and forward a certificate, showing the number of votes cast for and against the issu- ing of bonds, to the board of supervisors of the county where the district was formed, and deliver a duplicate thereof to the board of trustees of the district, and shall also deliver to the said board of trustees all ballots cast at such election, and all documents and papers used at such election. Sec. 5. If a majority of the votes cast at such election RECLAMATION DISTRICTS. 1079 are in favor of the issuance of bonds, the board of trus- tees of the district shall cause bonds in the amount stated in the order for election to be issued and placed in the custody of the treasurer of the county in which the dis- trict was formed. Said bonds shall be of the denomina- tion of one hundred dollars each, shall be negotiable in form, signed by the president of the board of trustees of the district, and the chairman of the board of supervisors of said county, and attested by the clerk of said board of supervisors, and the seal of said board of supervisors, shall be numbered consecutively as issued, and bear date at the time of their issue, and shall express on their face that they were issued by authority of this act, stating its title and date of approval, and the date of the election at which their issuance was authorized. Said bonds shall bear interest at the rate of seven per cent per annum, payable semi-annually on the first day of January and the first day of July in each year, at the office of said county treasurer, upon the presentation of the proper coupons therefor. Coupons for each installment of interest shall be attached to said bonds, and shall be numbered, signed, and attested, in the same manner as the bond. The prin- cipal of said bonds shall be paid as follows, to wit: Ten per cent of the whole amount of bonds issued, according to their consecutive numbers, shall be paid in ten years from the date of their issue, at the office of said county treasurer, and ten per cent thereof each succeeding year thereafter, until all are paid. If any bond shall not be presented for payment when the same becomes due, it shall cease to draw interest; but if presented at such time, and not paid for want of funds, the said county treasurer shall so indorse it, and thereafter such bond shall draw interest until paid, at said rate of seven per cent per annum, payable semi-annually. Sec. 6. The treasurer of said county shall place the bonds prepared pursuant to this act to the credit of said district, and may at any time sell any of said bonds for the best price obtainable therefor, but in no event for less than the face value of said bond, and the accrued interest thereon. Any money derived from the sale of said bonds by said county treasurer shall be placed in the treasury to the credit of said district, and a proper record of such transaction be placed upon the books of said treasurer. 1080 RECLAMATION DISTRICTS. Sec. 7. The board of trustees of said district may draw orders upon the said county treasurer, payable in bonds or money in the proportion and to the amount there- in named, to pay for labor or services performed for, or materials or property furnished to, said (district, for the purpose of constructing the reclamation works thereof, and the expenses necessarily incident to maintaining the same, and the contingent expenses of said district, which said orders shall be approved by the board of supervisors of the county where such district was formed, and there- after be paid by said treasurer in the manner therein pro- vided for if such bonds or money then remaining in said treasury to the credit of said district be sufficient to pay the same. Sec. 8. The principal of said bonds, and the interest thereon, shall be paid by revenue derived from a tax levied upon the assessable real property of the district, and the board of supervisors of the county wherein said district was formed, at the time of making the levy of taxes for county purposes, must levy a tax for that year, upon the taxable real property in such district, sufficient to pay the interest which may become due upon said bonds during such year, and if any portion of the prin- cipal of said bonds will become due during such year, then also in an amount sufficient to pay such portion of said principal. All taxes so levied shall be computed and en- tered on the assessment roll of the county where such land may be situated, by the county auditor, and collected by the tax collector, at the same time and in the same manner as state and county taxes, and when collected shall be paid into the county treasury for the use of said district. Sec. 9. When such district is situated partly in differ- ent counties, the assessor of said county, or counties, other than the county where the district was formed, and in which any portion of such district may be situated, shall, prior to the time when the board of supervisors meets to make the levy for county purposes in each year, certify to the board of supervisors of the county where such district was formed, a statement of the total value of all the taxable real property of said district, situated in his county; and when such board of supervisors shall have determined the rate of taxation necessary to be levied upon such property, the clerk of said board of supervisors RECLAMATION DISTRICTS, 1081 shall certify the same, under the seal of said board, to the auditor of any county other than the county where such district was formed, and such auditor shall thereupon compute the tax and enter the same upon the assessment roll of said county. When any taxes shall have been col- lected under any of the provisions of this act, and placed in the treasury of any county other than the one in which said district was formed, the treasurer of such county must, when requested so to do by the board of trustees of said district, forward all money in such treasury to the county treasurer of the county in which such district was formed, who shall receive and receipt for the same, and place such money in the treasury of such county to the credit of said district. Sec. 10. No assessor, tax collector, treasurer, or clerk shall receive any fee for any service required to be per- formed by them under the provisions of this act. Ai; expenses necessarily incurred in carrying out the provis- ions of this act shall be paid out of any money to the credit of the district for which the services are performed in the treasury of the county where the district was formed, upon the order of the board of trustees of said district, approved by the board of supervisors of said county. Sec. 11. This act shall take effect and be in force from and after its passage. In addition, the following acts may be referred to : ACT 297C. Providing for appeals from orders forming reclamation or swamp-land districts, setting off lands from such districts, or consolidating districts. [Approved April 16, 1880, p. 119 (Ban. ed., 385).] Superseded by the following act : — ACT 2977. An act providing for appeals from orders of the board of supervisors forming or refusing to form reclama- tion or swamp-land districts, setting off lands from such districts, or including lands in such districts, or consolidating swamp-land or reclamation districts. [Approved March 11, 1893. Stats. 1893, p. 174.] Section 1. Any person having an interest affected by any order of the board of supervisors of any county, ap- Gen. Liaws— 46 1082 RECORDERS— RECORDS. proving or refusing to approve any petition for the forma- tion of a reclamation or swamp-land reclamation district, or in any manner creating or consolidating such districts, or including in or excluding from such district, any lands, may, within thirty days after said order is made, appeal therefrom to the superior court of the county. Sec. 2. Such appeal shall he taken and prosecuted in the manner prescribed by law and the rules of said superior court relating to appeals from inferior courts, and the matter shall be tried anew in said superior court. The judgment rendered in the superior court in such mat- ter shall be final. Each superior court held in any county of the state in which there are any reclamation or swamp- land reclamation districts shall make rules regulating ap- peals in the cases hereinbefore mentioned; and the clerk of the board of supervisors shall, upon a notice of appeal and undertaking on appeal being filed with him, transmit the same, and all papers and documents used on the hear- ing before said board, to the clerk of the superior court in and for said county, who shall thereupon file the same without receiving any fee therefor. Sec. 3. This act shall take effect and be in force from and after its passage. Sec. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. TITLE 393. ACT 2982. RECORDERS. To legalize acts of county recorders and county auditors. [Stats. 1863-4, p. 187.] Recorders of particular counties, see particular title. TITLE 394. ACT 2987. RECORDS. To transfer the records, papers, and business of the courts existing on the thirty-first day of December, 1879, in this state, to the courts now existing therein. [Approved February 4. ISSO. Stats. 1880, p. 2.] Cal.Rep.Cit. 87, 83. This act appears In the appendix to the Code of Civil Procedure, p. 782. RED BLUFF— REDWOOD CITY. 1083 TITLE 395. ACT 2992. ^^^ BLUFF. Incorporating. [Stats. 1875-6, p. C37.] Amended 1877-8, 116 ; 1891, 108. Repealed by incorporating, in 1895, under Municipal Corporation Act of 1SS3. ACT 2993. To authorize the county judge of Tehama County to dis- tribute town lots held by him in trust for the citizens of Red Bluff, and to issue certificates of title to the inhabitants in accordance with their respective in- terests. [Stats. 1867-8, p. 107.] Cal.Rep.Cit. 65, 168. Amended 1877-8, 602. ACT 2994. Preventing hogs from running at large in. [Stats. 1871-2, p. 529.] See statute of 1897, p. 198, sec. 9. ACT 2995. To" prevent hogs from running at large in the towns of Red Bluff and Tehama, in Tehama County. [Stats. 1873-4, p. 776.] Repealed 1877-8, 79. TITLE 396. ACT 3000. REDDING. Change of name of. [Stats. 1873-4, p. 32.] Repealed 1880, 24. This act clianged the name from Redding to Reading. TITLE 397. ACT 3005. I^ED MEN. Concerning corporations for charitable and beneficial pur- poses. [Stats. 1869-70, p. 726.] This act enabled any society of the Improved Order of Red Men, or any other society for charitable or beneficial purposes, to Incor- porate. See note to act 632, ante. TITLE 398. ACT 3010. REDWOOD CITY. Incorporating. [Stats. 1867-8, p. 411.] Amended 1869-70, 364 ; 1871-2, 712, 714. Superseded by incor- porating in 1897 under the statute of 1883. Cal.Rep.Cit. 68, 513. 1084 REVKNUE— RODEOS. ACT 3011. Trustees authorized to extend and open Stambaugh Street. [Stats. 1873-4, p. 466.] ACT 3012. Election of clerk of board of trustees and superintendent of streets. [Stats. 1875-6, p. 593.] Repealed by Incorporating city, in 1887, under Municipal Cor- poration Act of 1883. TITLE 399. ACT 3017. REVENUE. To provide revenue for the support of the government of the state. [Stats. 1861, p. 419.] Amended 1862, 171, 172, 242, 254, 266, 538, 553 ; 1863, 30, 122, 166, 712, 721, 732, 754; 1863-4, 45, 71, 92, 254, 499, 513; 1865-6, 607, 660, 802; 1867-8, 82, 674; 1869-70, 423; 1871-2, 295, 399. Cal.Rep.Cit. 43,653; 47,150; 47,618; 63,531; 70,505; 70, 506; 70, 507; 119, 685. See as to this statute Yolo Co. v. Colgan, 132 Cal. 265. RIO VISTA. See title Brazos del Rio, ante. TITLE 400. ACT 3022. RIVERSIDE COUNTY. To create the county of Riverside, classify it, define its boundaries, provide for its organization, and the ap- pointment, election of oincers, the location of county seat by election, and the adjustment and fulfillment of certain rights and obligations arising between such county and certain other counties. [Approved March 11. 1893. Stats. 1893, p. 158.] ROADS AND HIGHWAYS. See Highways; Parks. TITLE 401. ACT 3027. RODEOS. To regulate rodeos. [Stats. 1851, p. 445.] Amended 1852, 102; 1855, 163; 1S5S, 70; 1861, 180; 1865-6, 673; 1873-4, 793. Supplemented 1858, 155. Continued in force by codes— Penal Code, sec. 23 ; Pol. Code^ sec. 19. ROUGH AND READY— SACRAMENTO CITY. 1085 ACT 302S. Supplemental to act concerning rodeos. [Stats. 1858, p. 155.] TITLE 402. ACT 3033. ROUGH AND READY. To change the name of the town of "Rough and Ready," in Scotts Valley, Siskiyou County, to Etna. [Stats. 1873-4, p. 346.] TITLE 403. ACT 3038. SACRAMENTO CITY. Boundaries, establishing. [Stats. 1873-4, p. 191.] Superseded by the charter of Sacramento, 1893, 547, sec. 5. ACT 3039. To incorporate. [Stats. 1863, p. 415.] Supplemented 18G3-4, 258, 295. Amended 1863-4, 198, 484; 1865-6, 639; 1867-8, 310; 1869-70, 339; 1871-2, 243, 697, 768, 860; 1877-8, 590 ; 1889, 148. Superseded by the charter ratified May 17, 1892, Stats. 1893, 545. Cal.Rep.Cit. 41, 70; 85, 411; 85, 412; 89, 391; 96, 43; 102, 111; 106, 127; 118, 394; lis, 398; 118, 400. ACT 3040. Election of attorney for. [Stats, 1877-8, p. 173.] Superseded by chapter 49 of the charter of Sacramento, 1893, 563. ACT 3041. Auditor and ex-officio clerk of board of trustees, salary of. [Stats. 1873-4, p. 714.] Repealed by the charter of Sacramento, 1893, 547. ACT 3042. Redemption of funded indebtedness. [Stats. 1871-2, p. 546.] Amended 1887, 75 ; 1889, 325. All of these acta repealed 1899, 85. Cal.Rep.Cit. 71, 312. ACT 3043. To confer upon Sacramento City the power to construct canals and levees. [Stats. 1877-8, p. 852.] See charter of Sacramento, 1893, 547, sec. 70. 1086 SACEAMENTO CITY. ACT 3044. Authorizing George W. Chesley to lay gas-pipes in. [Stats. 1871-2, p. 730.] ACT 3045. Establishing and maintaining a dispensary in. [Stats. 1871- 2, p. 531.] Probably repealed by art. XII of the charter of Sacramento, 1893, 598. ACT 3046. To provide for the drainage of Sacramento City, and of swamp land district number two. [Stats. 1867-8, p. 127.] Amended 1869-70, 127; 1871-2, 854. Cal.Rep.Cit. 52, 560; 59, 597. ACT 3047. Establishing paid fire department in. [Stats. 1871-2, p. 866.] Supplemented 1873-4, 306. Superseded by art. X of the charter of Sacramento. 1893, 591-585. ACT 3048. Exempt Firemen's Association of, organizing. [Stats. 1871-2, p. 715.] ACT 3049. Expert, appointment of. [Stats. 1875-6, p. 362.] Repealed by the charter of Sacramento. ACT 3050. Authorizing suit against by John Hoagland et al. [Stats. 1875-6, p. 214.] Amended 1875-6, 365. Unconstitutional. (Hoagland v. Sacramento, 52 Cal. 142.) ACT 3051. City and county, streets and roads in. [Stats. 1873-4, p. 728.] Amended 1875-6, by repealing sec. 1, p. 303. ACT 3052. Streets, improvement of. [Stats. 1875-6. p. 157.] Superseded by the charter of Sacramento, 1893, 546. ACT 3053. Legalizing the assessment of a street tax. [Stats. 1873-4, p. 896.] Unconstitutional. (People v. Lynch, 51 Cal. 15.) SACRAMENTO COUNTY. 108^ ACT 3054. Legalizing street assessment in. [[Stats. 1873-4, p. 691.] Unconstitutional. (People v. Lynch, 51 Cal. 15.) ACT 3055. Payment of school moneys into the treasury of. [Stats. 1875-6, p. 860.] I ACT 3056. Granting swamp lands to. [Stats. 1857, p. 155.] ACT 3057. Further powers of board of trustees. [Stats. 1875-6, p. 624.] Amended 1877-8, 840. Superseded by the charter of Sacramento. ACT 3058. Relative to boards of trustees. [Stats. 1877-8, p. 639.] Superseded by the charter, 1893, 545. ACT 3059. Collection of water rates in. [Stats. 1877-8, p. 369.] Superseded by the charter, 1893, 545. TITLE 404. ACT 3064. SACRAMENTO COUNTY. Government of. [Stats. 1873-4, p. 909.] Amended 1875-6, 280 ; 1877-8, 267. Superseded by County Government Acts, see 1897, 452. ACT 3065. In relation to assessor of. [Stats. 1877-8, p. 87.] Repealed by County Government Acts, see 1897, 507, sec. 162. ACT 3066. Fixing compensation of district attorney. [Stats. 1871-2, p. 863.] Superseded by County Government Act, 1897, 452. ACT 3067. East Park, protection of property of. [Stats. 1873-4, p. 465.] ACT 30C8. Fees of justices of the peace and constables in. [Stats. 1873-4, p. 863.] Repealed by fee bill, 18D5, 270, 272. 1088 SACRAMENTO COUNTY. ACT 3069. Fees of ofl3ce and compensation of officers. [Stats. 1873-4, p. 204.] Supplemented 1873-4, 713. Repealed as to the officers therein named by the fee bill, 1895, 267, and County Government Act, 1897. 452. ACT 3070. To provide an additional judge for. [Stats. 1895, p. 48.] ACT 3071. Board of levee commissioners, additional powers conferred on. [Stats. 1877-8, p. 73.] Repealed 1877-8, 853. ACT 3072. Concerning construction and repair of levees in Sacrar mento County. [Stats. 1862, p. 151.] Amended 1862, 459, 548; 18G3, 468. Cal.Rep.Cit. 52, 148; 73, 268. ACT 3073. Additional notaries public in. [Stats. 1871-2, p. 881. Repealed by Political Code, sec. 791. This act provided for the appointment of four additional notaries. ACT 3074. Transcribing of certain records in. [Stats. 1873-4, p. 475.] ACT 3075. Public roads in. [Stats. 1875-6, p. 658.] Repealed in part by 18S3, 5, chap. X, sec. 2, and by County Government Act, 1897, 452, ACT 3076. Roads in. [Stats. 1873-4, p. 728.] Amended 1875-6, by repealing sec. 1, p. 303. ACT 3077. Allowing certain persons to take possession of and Im- prove a certain road in. [Stats. 1873-4, p. 599.] ACT 3078. Restricting sheep from being herded or running at large In. [Stats. 1875-6, p. 305.] As to running at large, see 1897, 198. SALINAS CITY— SAN ANTONIO CREEK. 1089 ACT 3079. Relating to president and clerk of board of supervisors of. [Stats. 1871-2, p. 721.] Repealed by County Government Act, 1897, 452. ACT 3080. Defining powers of board of supervisors of. [Stats. 1871-2, p. 216.] Repealed by County Government Act, 1897, 452. ACT 3081. Prescribing the manner of counting the moneys in the hands of the treasurer of. [Stats. 1875-6, p. 831.] Superseded by County Government Act, 1897, 483, sec. 115. TITLE 405. ACT 3086. SALINAS CITY. Incorporation of. [Stats. 1873-4, p. 242.] Repealed 1875-6, 119. ACT 3087. Reincorporating. [Stats. 1875-6, p. 94.] Amended 1895, 206. TITLE 406. ACT 3092. SALINAS RIVER. To declare Salinas River in Monterey County, a navigable stream. [Stats. 1861, p. 49.] Incorporated in Political Code, sec. 2349. TITLE 407. ACT .1097. SAN ANTONIO CREEK. To declare navigable the Arroyo del San Antonio or Keyes Creek, in Marin County. [Stats. 1860, p. 126.] Amended 1873-4, 564. Incorporated in Political Code, sec. 2349. ACT 3098. To authorize the construction of a swing or drawbridge across the San Antonio Creek, in Alameda County. [Stats. 1869-70, p. 693.] Amended 1871-2, 83. 1080 SAN BENITO COUNTY— SAN BERNARDINO COUNTY. TITLE 408. ACT 3103. ^^^ BENITO COUNTY. Act creating. [Stats. 1873-4, p. 95.] Supplemented 1873-4. 428. The latter act supplemented 1875-6, 177. Original act amended 1887, 103. ACT 3104. Provisions of act of 1S73-4, p. 50, to prevent trespassing of animals, made applicable to. [Stats. 1873-4, p. 474.] Repealed 1877-8, 176; 1897, 198, ACT 3105. Licenses in. [Stats. 1877-8, p. 272.] Superseded by Political Code, sec. 3366, as amended 1901, 635, and by County Government Acts, see 1897, 473, sec. 55. ACT 3106. Legalizing transcribed records of. [Stats. 1875-6, p. 512.] ACT 3107. Directing ttie transcription of matters of record from Fres- no and Merced counties to San Benito County. [Stats. 1889, p. 107.] ACT 3108. Roads and highways in. [Stats. 1877-8, p. 273.] Repealed 1883, 5, chap. X, sec. 2. TITLE 409. ACT 3113. ^^^ BERNARDINO COUNTY. Making act protecting agriculture, and preventing the tres- passing of animals. [Stats. 1871-2, p. 510.] Repealed provisionally, 1S73-4, 190; also 1897, 198; 1901, 603. ACT 3114. Protection of agriculture, and preventing trespassing of animals upon private property. [Stats. 1875-6, p. 307.] Repealed 1897, 198. ACT 3115. Regulating and protecting bee-keeping in. [Stats. 1877-8, p. 563.] ACT 3116. District attorney, salary of. [Stats. 1875-6, p. 389.] Repealed by County Government Acts, see 1897, 516, sec. 167. SAN BERNARDINO COUNTY. 1091 ACT 3117. Regulating fees of oflfice and salaries of officers of. [Stats. 1871-2, p. 490.] Amended 1874, 130. Repealed by fee bill, 1895, 269, and by County Government Act, 1897, 516, sec. 161. ACT 3118. Officers and fees of office in. [Stats. 1873-4, p. 616.] See sees. 217, 218, 221, County Government Act, 1897, 573, 574. ACT 3119. Salaries and fees. [Stats. 1877-8, p. 80.] Repealed by County Government Acts, see 1897, 516, sec. 167. ACT 3120. Irrigation, protecting, and making water-rights responsible for expenses incurred on irrigating ditches. [Stats. 1875-6, p. 486.] ACT 3121. To provide an additional judge for. [Stats. 1887, p. 19.] ACT 3122. Public records in office of county recorder. [Stats. 1875-6, p. 853.] This act provided for the transcription and preservation of the records. ACT 3123. Making the provisions of the Political Code concerning highways applicable to. [Stats. 1875-6, p. 57.] ACT 3124. Legalizing records in. [Stats. 1860, p. 82.] ACT 3125. Providing for election of supervisors In. [Stats. 1873-4, p. 111.] Superseded by County Government Act, 1897, 452. ACT 3126. To divide into supervisor districts. [Stats. 1877-8, p. 799.] Repealed by County Government Acts, see 1897, 452. ACT 3127. Supervisors, compensation of. [Stats. 1875-6, p. 488.] Repealed by County Government Acts, see 1897, 452. 1092 SAN BERNARDINO, TOWN OP— SAN DIEGO CITY. ACT 3128. To authorize the construction of a wagon road in, and to provide for the payment of the cost. [Stats. 1877-8, p. 586.] ACT 3129. Board of water commissioners for. [Stats. 1863-4, p. 87.] Amended 1865-6, 93. TITLE 410. ACT 3134. ^^^ BERNARDINO, TOWN OF. Granting to, state's interest in certain lands. [Stats. 1871-2, p. 362.] This act conveyed to the city any land which may have escheated to the state on the incorporation becoming extinct on March 6, 1863. TITLE 411. ACT 3139. ^^^ BUENAVENTURA. Incorporating. [Stats. 1865-6, p. 216.] Superseded by 1873-4, 54, reincorporating. ACT 3140. Reincorporating. [Stats. 1875-6, p. 534.] Amended 1877-8, 537. ACT 3141. Reincorporating, and approving certain ordinances and proceedings. [Stats. 1873-4, p. 54.] Superseded by reincorporation by statute of 1S75-6, p. 534. TITLE 412. ACT 3146. SAN DIEGO CITY. Act to reincorporate. [Stats. 1871-2, p. 285.] Repealed 1875-6, 815. ACT 3147. Reincorporating. [Stats. 1875-6, p. 806.] Amended 1SS9, 302 Superseded by charter, 1SS9, 643. Cal.Rep.Cit. 77, 513. This amendment was declared unconstitutional. (People ex rel. Miller v. San Diego, 85 Cal. 369.) ACT 3148. Legalizing conveyances of pueblo lands in. [Stats. 1869- 70, p. 409.] SAN DIEGO COUNTY. 1093 ACT 3149. Concerning conveyances by municipal authorities of. [Stats. 1873-4, p. 85.] Cal.Rep.Cit. 101, 527. This act validated deeds made without a seal. ACT 3150. To legalize, ratify, and confirm certain conveyances of land make by municipal authorities of. [Stats. 1871-2, p. 309.] ACT 3151. Authorizing trustees of the city of to convey lands to the United States. [Stats. 1867-8, p. 8.] This act authorized the conveyance of lands to the United States for military or naval purposes. ACT 3152. To transfer certain real estate to the United States. [Stats. 1875-6, p. 154.] This act authorized the transfer of realty necessary to change the course of the river San Diego. ACT 3153. Ratifying a conveyance made by the city of to Richard C. McCormick.. [Stats. 1875-6, p. 882.] ACT 3154. Legalizing certain ordinances of and repealing others with reference to Texas & Pacific Railroad Company. [Stats. 1873-4, p. 370.] ACT 3155. Port of, establishing pilots and pilot regulations. [Stats. 1871-2, p. 650.] ACT 3156. School districts, legalizing and confirming boundaries of. [Stats. 1873-4, p. 391.] TITLE 413. ACT 3161. S^N DIEGO COUNTY. Government of. [Stats. 1875-6, p. 558.] Repealed by County Government Acts, see 1897, 452. ACT 3162. Providing for government of. [Stats. 1871-2, p. 191.] Amended 1874, 221. Certainly modified and probably repealed by County Government Act, 1897, 452. 1094 SAN DIEGO COUNTY. ACT 3163. To protect agriculture, and prevent trespassing of ani- mals upon private property. [Stats. 1875-6, p. 458.] Amended 1877-8, 245. Repealed by the estray law, 1897, 198, and 1901, 603. ACT 3164. Assessor of, compensation of. [Stats. 1873-4, p. 443.] Repealed by County Government Acts, see 1897, 513, sec. 165. ACT 3165. Officers and fees of office in. [Stats. 1873-4, p. 616.] See sees. 217. 218, 221, County Government Act, 1897, 573, 574. ACT 3166. Fees of office and salaries of officers. [Stats. 1875-6, p. 586.] Amended 1877-8, 128. Repealed by County Government Acts, see 1897, 513, sec. 165 ; and by the fee bill, 1895, 267. Kept in force by the constitution of 1879. (People v. Hamilton, 103 Cal. 488.) ACT 3167. To appropriate funds for the use of county clerk of. [Stats. 1877-8, p. 108.] Repealed by County Government Acts, see 1897, 513, sec. 165. ACT 3168. Additional notaries public. [Stats. 1871-2, p. 238.] Superseded by Political Code, sec. 791. This act provided for the appointment of three additional notaries. ACT 3169. Supervisors to transfer certain funds of. [Stats. 1877-8, p. 257.] Superseded by subd. IS, sec. 25, County Government Act, 1897, 463. This act authorized the transfer of funds from the swamp land fund to the contingent fund. ACT 3170. Funding indebtedness of. [Stats. 1877-8, p. 540.] ACT 3171. To increase the number of superior judges in. [Stats. 1889, p. 5.] SAN FRANCISCO. 1095 ACT 3172. To reduce the number of superior judges in. [Stats. 1895. p. 24.] ACT 31T3. Roads and highways in. [Stats. 1877-8, p. 50.] Repealed 18S3. 5. chap. X, sec. 2. TITLE 414. SAN FRANCISCO. There are a number of acts relating to cities anC coun- ties of the first class, as follows: An act relating to assistants to city attorneys in cities over 100,000. [See ante. City Attorney.] An act relating to deputies, clerks, and copyists. [See ante, title County Clerk.] An act relating to coroners. [See ante, title Coroners.] An act providing for the manner of paying fees in cities and counties of the same class. [See ante, title Fees.] An act to regulate the quality and standard of illuminating power and gas in cities over 100,000. [See ante, title Gas.] An act conferring on cities of the first class power to provide for the erection of a municipal hospital. [See ante, title Hospitals.] An act relating to Italian interpreters in cities over 100,- 000. [See ante, title Interpreters.] An act relating to the recovery of judgments in cities of over 100,000. [See ante, titles Counties, Judgments.] An act relating to police in cities of the first class. [See ante, title Police.] An act conferring on the governing bodies of cities and cities and counties over 100,000 inhabitants the power to acquire or condemn land for a suitable site and erect thereon suitable buildings for municipal purposes. [See ante, act 2352.] An act relating to treasurers' deputies and clerks in cities and counties over 200,000. [See post, title Treasurers.] Bonds for construction of seawall. [See act providing for submission of question of issuance to people, title Bonds, ante.] 1096 SAN PKANCISCO. ACT 3178. For establishing and maintaining an almshouse In. [Stats. 1865-6, p. 214.] Amended 1867-8, 427. Superseded by the charter of that city. ACT 3179. Opening Army Street in. [Stats. 1877-8, p. 270.] ACT 3180. Assessor to appoint deputies. [Stats. 1877-8, p. 173.] Superseded by chap. 4 of art. IV of the charter of San Francisco, ACT 3181. Auditor, facilitating transaction of business in oflBice of. [Stats. 1875-6, p. 852.] Superseded by charter of San Francisco, chap. 2, art. IV. This act provided for a deputy auditor. ACT 3183. Authorizing the grading of Bay Street and the changing of its grade. [Stats. 1877-8, p. 931.] Cal.Rep.Cit. 63, 400. ACT 3183. Board of education authorized to exchange a lot of land. [Stats. 1873-4, p, 574.] ACT 3184. In relation to the powers and duties of board of education of. [Stats. 1871-2, p. 561.] Repealed 1873-4, 782. ACT 3185. Defining the boundaries of San Francisco beach and water lots, and granting the same to the city. [Stats. 1851, p. 307.] Cal.Rep.Cit. 54, 42; 54, 43; 54, 44; 54,454; 54,459; 54, 460: 54, 461; 54, 462; 118, 179; 118, 214; 137, 246. ACT 3186. City hall, act to provide for the erection. [Stats. 1869-70, p. 738.] Cal.Rep.Cit. 42, 550; 110, 222. ACT 3187. Purchaser of city hall lots, execution and delivery of deeds to. [Stats. 1873-4, p. 939.1 SAN FRANCISCO. 1097 ACT 3188. New city hall, completion of. [Stats. 1875-6, p. 461.] Amended 1877-8, 82, 382. Cal.Rep.Cit 67, 157. ACT 3189. Board of city hall commissioners, abolishing. [Stats. 1873- 4, p. 828.] Supplemented 1875-6, 863. ACT 3190. Cemetery Avenue, authorizing supervisors to convey a certain piece of land comprising. [Stats. 1873-4, p. 272.] ACT 3191. To provide for an open canal through Channel Street in. [Stats. 1867-8, p. 355.] Cal.Rep.Cit. 64. 500; 79, 543. ACT 3192. Channel Street and Mission Creek, construction of open canal through. [Stats. 1871-2, p. 92ti.] Cal.Rep.Cit. 54, 73 ; 64, 501 ; 64, 502. ACT 3193. City board of examination, conferring further power upon, and upon the board of education, auditor, and treasur- er. [Stats. 1873-4, p. 177.] As to the effect of the charter of San Francisco, see Mitchell V. Board of Education, 24 Cal. 330. ACT 3194. Authorizing commissioners of the funded debt to transfer certain funds and property to. [Stats. 1871-2, p. 909.] ACT 3195. To authorize the commissioners of the funded debt to com- promise and settle certain claims to real estate and to convey such real estate pursuant thereto. [Stats. 1862, p. 217.] Amended 1863, 69. Time extended, 1863-4, 474. ACT 3196. Authorizing sales and conveyances by commissioners of the funded debt of. [Stats. 1865-6, p. 686.] Cal.Rep.Cit. 54, 461. 1098 SAN FRANCISCO. ACT ai97. Legalizing conveyances made by the commissioners of the sinking fund. [Stats. 1858, p. 84.] This act confirmed certain sales made by the commissioners or January 25, 1851. ACT 3198. Autborizing mayor of to convey certain lands, to the San Francisco Lying-in Hospital and Foundling Asylum. [Stats. 1871-2, p. 513.] ACT 3199. Authorizing supervisors to sell and convey a certain piece of land comprising old Cemetery Avenue and the triangular plaza reserved by the Outside Land Com- mittee up to the new Cemetery Avenue. [Stats. 1871-2, 234.] ACT 3200. To legalize certain conveyances. [Stats. 1857, p. 200.] Cal.Rep.Cit. 53, 596. This act confirmed sales at auction by the commissioners of the funded debt of San Francisco before the first day of January, 1854. ACT 3201. Authorizing conveyances to soutn San Francisco Home- stead and Railroad Association, of certain overflowed lands in San Francisco. [Stats. 1863, p. 487.] ACT 3202. . „ Providing for the relief of John J. Conlin, and directing the supervisors of San Francisco to order paid to said Conlin his claim against the city. [Stats. 1895, p. 348.] Cal.Rep.Cit. 114, 406. Unconstitutional. (Conlin v. Supervisors, 114 Cal. 404.) ACT 3203. Relative to coroners in. [Stats. 1871-2, p. 403.] Amended 1873-4, 908; 1875-6. 397. Cal.Rep.Cit. 118, 140. "Modified as to appointees by sec. 2, chap. 6, art. IV, charter of San Francisco. Superseded as to coroners generally by Coxinty Government Act, 1897, 490. Repealed by sec. 1513, Penal Code. See Kuhlman v. Superior Court, 122 Cal. 636."— Code Commissioners' note. SAN FRANCISCO. 1089 ACT 3204. Concerning costs in. [Stats. 1865-6, p. 66.] Amended 1871-2. 93. Repealed 1903, 253. Cal.Rep.Cit. 58, 67; 70, 328; 89, 461; 113, 6-15; 113, 648. The code commissioners in their note, which was prior to tha repeal of 1903, say : "Perhaps in force as to plaintiff's costs. (Fan- ning V. Leviston, 93 Cal. 188; Golden G. L. Co. v. Sahrbacher, 105 Gal. 114). Repealed 1895, p. 267, (Miller v. Curry, 113 Cal. 644.) as to fees named in that act." ACT 3205. County clerk, act in relation to. [Stats. 1871-2, p. 58.] See charter of San Francisco, sec. 14, art. XVI, and sec. 3, chap. 6, art. V. ACT 3206. County clerk to keep his office open on all election days. [Stats. 1875-6, p. 142.] Repealed 1880, 18. ACT 3207. Concerning deputies and assistants of county clerk and their salaries. [Stats. 1871-2, p. 76.] Cal.Rep.Cit. 67, 183. "Attempted to be superseded by 1880, p. 20, chap. XXVI, as amended 1891, p. 5, chap. VII, but they were unconstitutional (San Francisco v. Broderick, 125 Cal. 188) ; but now superseded by charter of that city." — Code Commissioners' note. ACT 3208. Additional fees for city and county attorney and his as- sistants. [Stats. 1871-2, p. 46.] Superseded by sec. 12, 1885, 157. ACT 3209. Empowering cities and counties of over 100,000 to pay for rent of courtrooms, police stations, and for the salaries of janitors out of the general fund. [Stats. 1880, p. 114.] Superseded by charter of San Francisco. ACT 3210. District attorney of San Francisco, authorizing appoint- ment of a second assistant. [Stats. 1877-8, p. 70.] Superseded by charter of San Francisco. ACT 3211. District attorney of, office of. [Stats. 1873-4, p. 602.] Superseded by chap. 3 of art. V of charter of San Francisco^ 1899, 278. IIOO SAN FRANCISCO. ACT 3212. Dupont Street, preservation of name of. [Stats. 1877-8, p. 23.] ACT 3213. Dupont Street, San Francisco, widening of. [Stats, 1875-6, p. 433.] Cal.Rep.Cit. 62, 13; 72, 409; 92, 327; 98, 672; 115, 68. ACT 3214. To define and establish the width of East Street. [Stats. 1865-6, p. 361.] ACT 3215. Authorizing closing part of Elm Street in San Francisco. [Stats. 1877-8, p. 961. J ACT 3216. Registration of voters. [Stats. 1877-8, p. 299.] Cal.Rep.Cit. 54,405; 86, 67; 86, 68; 88,515; 88,517; 97, 84; 111, 305; 114, 330; 126, 398. "Superseded in part, if not entirely, by Political Code, sees. 1127, 1128, 1129, and art. XI of the charter of San Francisco. (Fragley v. Phelan, 126 Cal. 383.)"— Code Commissioners' note. ACT 3217. Concerning the fees of jurors and witnesses in the city and county of San Francisco. [Stats. 1863-4, p. 365.] Repealed by act of 1865-6, 122. The repealing act was in turn repealed by the statute of 1903. Cal.Rep.Cit. 124, 87. ACT 321S. Fifteenth Avenue extension in, opening. [Stats. 1875-6, p. ;. 762.] ACT S219. To provide for the prevention of conflagrations and the protection of property savcl from lire in San Fran- cisco. [Stats. 1865-6, p. 79.] Amended 1867-8, 280. This act provided for the appointment of a fire marshal hf the board of underwriters. It was superseded by the charter ol San Francisco, chap. 5, art. IX. ACT 3220. Providing for a paid fire department in. [Stats. 1873-4. p. 942.] Superseded by the charter of San Francisco, art. IV, 1899, 335. SAN FRANCISCO. 1101 ACT 3221. Reorganizing and regulating the paid fire department of. [Stats. 1877-8, p. 685.] Superseded by charter of that city. ACT 3222. Supervisors, appointment by, of messenger to board of fire commissioners. [Stats. 1873-4, p. 863.] Probably superseded by charter of San Francisco. ACT 3223. Providing for support of men belonging to "paid fire de- partment" of, if disabled while in the performance of their duties. [Stats. 1871-2, p. 703.] Superseded by sec. 3, chap, 7, art. IX, charter of San Francisco. ACT 3224. Concerning the compensation of the secretary of the fire department. [Stats. 1871-2, p. 448.] Superseded by charter. ACT 3225. Authorizing president and secretary of exempt fire com- pany to administer oaths in certain cases. [Stats. 1875- 6, p. 610.] ACT 3226. To authorize the exempt fire company of, to receive and manage the San Francisco department charitable fund and receive from the city and county of San Francisco a house and lot for its use. [Stats. 1865-6, p. 851.] Amended 1871-2, 359. ACT 3227. To establish and maintain a free dispensary in. [Stats. 1877-8, p. 579.] Superseded by charter of that city. ACT 3228. To provide for a free public market on water-front. [Stats. 1897, p. 238.] Amended 1903, 76. ACT 3225). Golden Gate Park, preservation and improvement ol. [Stats. 1875-6, p. SCI.] Superseded by charter of San Francisco, art. XIV. 1102 SAN FRANCISCO. ACT 3230. Board of state harbor commissioners authorized to set off a part of water-front for certain purposes. [Stats. 1871-2, p. 728.] Superseded by Political Code, sec. 2524, as amended 1889. This act authorized the setting apart of a portion of the water* front for the exclusive use of fishermen. ACT 3231. Home of inebriates in. [Stats. 1869-70, p. 585.] Repealed 1895, 76, 201. ACT 3232. House of correction, providing funds to build a. [Stats. 1871-2, p. 878.] ACT 3233. In relation to the house of correction of. [Stats. 1877-8, p. 953.] Repealed 1893, 5. Cal.Rep.Cit. 64, 252; 72, 11; 87, 82. ACT 3234. House of correction, act for government of, and to utilize labor of. [Stats. 1875-6, p. 632.] Probably repealed by the charter of San Francisco, art. II, chap. 2, sec. 1, subd. 11. ACT 3235. Preventing hunting and shooting on private grounds in. [Stats. 1871-2, p. 764.] ACT 3236. Illuminating power, quality, standard, and price of gas, regulating in all cities with a population of over luO,- 000. [Stats. 1877-8, p. 167.] Repealed as to San Francisco by chap. 2 of art. I of the charter. Cal.Rep.Cit. 62, 592; 62, 593. ACT 3237. Supervisors of, transferring management, control, and di- rection of industrial school department to. [Stats. 1871-2, p. 544.] "Juvenile offenders are now committed to the Preston School of Industry or the Whittier State School (1SS9, 100, 111)."— Code Commissioners' note. ACT 3238. Industrial school department of. [Stats. 1S73-4. p. 271.] Probably superseded by 1889, 100, 111, chaps. 103 and 108. SAN FRANCISCO. 1103 ACT 3239. Care ol: inebriates, and certain insane persons in. [Stats. 1875-6, p. 325.] Repealed 1895, 76. Cal.Rep.Cit. 95, 145; 95, 146; 95, 150. ACT 3240. Inspector of steam boilers and steam tanks, appointment of. [Stats. 1875-6, p. 496.] Repealed 1880, 8. ACT 3241. Additional interpreter for criminal courts. [Stats. 1875-6, p. 153.] Superseded by the charter of San Francisco. ACT 3342. Declaring Islais Creek in, navigable. [Stats. 1867-8, p. 356.] Repealed by sec. 2349, Pol. Code. Jurisdiction given to harbor commissioners. (Sec. 2, Stats. 1S77-8, p. 263.) ACT 3243. Ivy Avenue, to close. [Stats. 1877-8, p. 682.] ACT 3244. To organize and regulate the justices' court in the city and county of San Francisco. [Stats. 1865-6, p. 423.] Amended 1869-70, 56 ; 1871-2, 758. Continued in force by Code of Civil Procedure, sec. 119, as added in 1873-4. Repealed by change in code adopted in 1880. Cal.Rep.Cit. 48, 48; 114, 331. ACT 3245. Regulating proceedings in civil cases in justices' courts in. [Stats. 1871-2, p. 94.] Repealed by Code of Civil Procedure, sec. 95. ACT 3240. Justices' courts for, summons in. [Stats. 1875-6, p. 855.] Superseded by Code of Civil Procedure, sec. 849. This act appears in full in Code of Civil Procedure, Appendix, p. 778. ACT 3217. LeidesdorfC Street, opening and extending. [Stats. 1875- 6, p. 563.] 1104 SAX FRAXCISCO. ACT 3248. Licenses in. [Stats. 1877-8, p. 442.] Superseded by charter of San Francisco. ACT 3249. Facilitating and increasing state and county and municipal licenses in. [Stats. 1871-2, p. 736.] Cal.Rep.Cit. 52, 608; 53, 572. Not repealed by codes. (Ex parte Newman, 53 Cal. 571.) The code commissioners say of this act : "As to collector of licenses, superseded by chap. 5, art. IV of the charter of San Francisco, 1899, 274 ; as to power to impose licenses, by subd. 15, sec. 1, chap. 2, art. II of the same charter, 1899, 248 ; and probably the whole statute is superseded by the various provisions of this charter." ACT 3250. Concerning collector of licenses. [Stats. 1875-6, p. 860. J Superseded by charter of San Francisco, chap. 5, art. IV. ACT 3251. Manufacture of acids and explosive chemicals in. [Stats. 1875-6, p. 360.] Repealed by charter of San Francisco. ACT 3252. To fix the salary of the clerk of the mayor of. [Stats. 1877- 8, p. 1023.] Superseded by charter of that city. ACT 3253. To declare Mission Creek in the county of San Francisco a navigable stream. [Stats. 1854, p. 190.] Incorporated in Political Code, sec. 2349. ACT 3254. Montgomery Avenue, modifying grade and providing for grade of. [Stats. 1875-6, p. 753.] Cal.Rep.Cit. 67, 47; 67, 50; 67, 51; 67, 52; 102, 448. Declared impracticable in the Montgomery Avenue case. (54 Cal. 579.) ACT 3255. Montgomery Avenue, ratifying certain orders relative to street work on. [Stats. 1877-8, p. 341.] Cal.Rep.Cit. 68, 430; 76, 311. Unconstitutional. (Fanning v. Schammel, 68 Cal. 428 ; Kelly ▼. Luning, 76 Cal. 309.) SAN FRANCISCO. H05 ACT 3356. Establishing and opening Montgomery Street south. [Stats. 1877-8, p. 932.] ACT 3257. Montgomery Avenue, opening and establishing. [Stats. 1871-2, p. 911.] Supplemented 1873-4, 522. Cal.Rep.Cit. 47, 357 ; 79, 392 ; 87, 47. ACT 3258. To provide a public morgue in. [Stats. 1885, p. 25.7 Superseded by chap. 6 of art. IV, and subd. 9 of cbap. 2 of art. I of the charter of San Francisco. ACT 3259. Mutual real estate company, sales and conveyances of. [Stats. 1S75-6, p. 525.] This act authorized the surviving trustees to make sales and conveyances. ACT 3260. North Beach and Mission Railroad Company, granting cer- tain privileges to. [Stats. 1873-4, p. 851.] ACT 3261. North Beach and Mission Railroad Company, granting cer- tain privileges to. [Stats. 1875-6, p. 525. J ACT 3262. Additional notaries public. [Stats. 1871-2, p. 184.] Repealed by Political Code, sec. 791. This act provided for a notary to reside at Yerba Buena. ACT 3263. Additional notary for. [Stats. 1873-4, p. 139.] Repealed by Political Code, sec. 791. ACT 3264. Providing for the appointment of an additional notary public. [Stats. 1880, p. 106.] Superseded by Political Code, sec. 791. This act required the keeping of an oflSce at the Presidio. ACT 3265. Authorizing the appointment of a notary public In the city and county of San Francisco, to reside and transact notarial duties at Yerba Buena Island, or Goat Island, Gen. Laws — 47 i:iOe SAN FRANCISCO. in the bay of San Francisco, in addition to the num- ber of notaries now authorized by law for said city and county. [Stats. 1903, p. 26.] This act appears in full in Political Code, Appendix, p. 1109. ACT 3266. Supervisors, ratifying and confirming certain ordinances and resolutions of. [Stats. 1873-4, p. 487.] This act ratified certain ordinances and resolutions relating to street work. ACT 3267. Supervisors, ratifying and confirming certain ordinances of, relating to street work. [Stats. 1873-4, p. 588.] Cal.Rep.Cit. 53, 45. Unconstitutional. (Reis v. Graff, 51 Cal. 86; Brady v. King, 53 Cal. 44.) ACT 3268. Supervisors, legalizing, ratifying, and confirming certain orders and resolutions of. [Stats. 1873-4, p. 589.] Cal.Rep.Cit. 51, 90. These orders and resolutions related to the grading of Townsend Street. ACT 3269. Ratifying order of supervisors of. [Stats. 1873-4, p. 789.] This ordinance authorized the conveyance of a tract of land to one George F. Sharp on the performance of certain conditions. ACT 3270. Confirming order 800, quieting title to lands in. [Stats. 1867-8, p. 379.] See, also, 1867-8, 410. ACT 3271. Confirming ordinance 840 of supervisors of. [Stats. 1869-70, p. 213.] ACT 3272. To confirm order number 883 of the board of supervisors of. [Stats. 1869-70, p. 83.] This order provided for an exchange of deeds between the city and county of San Francisco and Edward Tompkins to certain land in what is known as Hamilton Square. ACT 3273. Confirming order No. 1004 of board of supervisors. [Stats. 1871-2, p. 511.] This was an ordinance requiring property-owners to fence lots and to prevent drifting sand. SAN FRANCISCO. HOT ACT 3274. Confirming order No. 1404 of the board of supervisors of. [Stats. 1877-8, p. 338.] Cal.Rep.Cit. 54, 574 ; 64, 509. ACT 3275. Ratifying resolution 11,900 of supervisors of. [Stats. 1877- 8, p. 630.] This resolution vacated certain streets. ACT 3276. To extend the jurisdiction of the park commissioners to a certain highway. [Stats. 1877-8, p. 967.] This extended their jurisdiction over Point Lobos Avenue. ACT 3277. Pharmacy, regulating practice of, in. [Stats. 1871-2, p. 681.] Amended 1875-6, 583 ; 1877-8, 838. Repealed 1883, 93. ACT 3278. Practice of pharmacy in. [Stats. 1875-6, p. 583.1 Amending 1871-2, 681. Repealed 1883, 93. ACT 3279. Increasing and regulating police force of. [Stats. 1871-2, p. 512.] Superseded by chaps. 1-7 of art. VIII of the charter of San Francisco. ACT 32S0. To enable the supervisors of San Francisco to increase the police force. [Stats. 1877-8, p. 879.] Amended 1877-8, 965. Superseded by 1889, 108, and the charter of that city. See Pennie v. Reis, 80 Cal. 266 ; Clark v. Police Com- missioners, 123 Cal. 24. Cal.Rep.Cit. 60, 655; 87, 543; 123, 24; 127, 551. ACT 3281. To create an additional police judge's court. [Stats. 1881, p. 74.] Superseded by chap. 8 of art. IV of the charter of San Francisco. ACT 3282. To create a police court. [Stats. 1889, p. 62.] Supplemented 1893, 9. Superseded by the charter of that city, chap. 8, art. V. Cal.Rep.Cit. 78, 421; 95, 145; 95, 147; 85, 150. 1108 SAN FRANCISCO. ACT 3283. Police judge's court, authorizing prosecuting attorney to appoint clerk. [Stats. 1875-6, p. 856.] Superseded by charter of San Francisco, chap. 8, art. V. ACT 3284. To empower consolidated cities and counties of over 100,- ■ 000 inhabitants to make alterations in county prisons. [Stats. 1880, p. 100.] Superseded by charter of San Francisco. ACT 3285. Providing for improvement of public parks. [Stats. 1869- 70, p. 802.] Amended 1871-2, 706. Superseded by charter of San Fran- cisco, 1899, 354. Cal.Rep.Cit. 76, 159. This act created the office of park commissioners. ACT 3286. Concerning certain public reservations for. [Stats. 1873-4, p. 333.] This act made certain reservations for park and reservoir purposes. ACT 3287. To establish a quarantine for the bay and harbor of San Francisco, and sanitary laws for the city and county of San Francisco. [Approved April 4, 1870. Stats. 1869-70, p. 716.] Amended 1875-6, 305. Superseded by the charter. Cal.Rep.Cit. 79, 112. ACT 3288. Providing for repair and improvement of roads and high- ways in. [Stats. 1871-2, p. 901.] Probably repealed by 1883, 5, chap. X, sec. 2 ; also by charter of San Francisco of 1899. ACT 3289. Regulation of sailor boarding-houses and shipping ofllces. [Stats. 1869-70, p. 241.] Superseded by sees. 2583 et seq. of the Political Code. Tbesa sections were in turn repealed. (Amendments 1875-6, 52.) SAN FRANCISCO, 1109 ACT 3290. To provide for the payment of certain salaries in, out of the "Special Fee Fund." [Stats. 1S77-8, p. 630.] Superseded by charter of that city. This act provided for the payment of the salaries of certain clerks appointed by the supervisors and not otherwise provided for by law. ACT 3291. Authorizing the conveyance of a certain lot to San Fran- cisco Ladies' Protection and Relief Society. [Stats. 1871-2, p. 765.] ACT 3292. To provide for the San Francisco law library. [Stats. 1869-70, p. 235.] Amended 1880, 40. See chap. 9, art. V. charter of San Fran- cisco, 1899, 284. ACT 3293. Common schools of. [Stats. 1871-2, p. 846.] Superseded by art. VII of the charter of San Francisco, 1899, 317-325. ACT 3294. Support of common schools of. [Stats. 1875-6, p. 902.] Superseded by charter of San Francisco. ACT 3295. Seventh Street, opening. [Stats. 1875-6, p. 772.] ACT 3296. Seventh Street, between Bryant and Brannau streets, es- tablishing grade of. [Stats. 1877-8, p. 232.] ACT 3297. Sixth Street, opening and establishing, and opening Chan- nel Street. [Stats. 1875-6, p. 866.] ACT 3298. Authorizing the construction of a sewer. [Stats. 1877-8, p. 943.] ACT 3299. Concerning sheriff of. [Stats. 1871-2, p. 904.] Superseded by charter of San Francisco, sec. 2, chap. 6, art. V. ACT 3300. Sheriff, relating to office of. [Stats. 1877-8, p. 355.] Superseded by cbarii:i of San Francisco, chap. 6, art. V. 1110 SAN FRANCISCO. ACT 3301. Certain streets, grades in, modifying. [Stats. 1875-6, p. 500.] ACT 3302. To change the grade of certain street crossings. [Stats. 1877-8, p. 966.] ACT 3303. Legalizing grades of certain streets. [Stats. 1873-4, p. 590.] ACT 3304. Street repairs in. [Stats. 1877-8, p. 4.] Superseded by charter of San Francisco. ACT 3305. Authorizing and facilitating repair of streets and sewers of, in case of urgent necessity. [Stats. 1877-8, p. 544.] Superseded by charter of that city. ACT 3306. For the payment of street assessments against the prop- erty of the United States in. [Stats. 1867-8, p. 148.] Repealed by the charter of that city, art. VI, chap. 2, sec. 8. CT 3307. Street improvements. [Stats. 1S71-2, p. 804.] Amended 1877-S, 139. Cal.Rep.Cit. 52, 482 54, 56 54, 247; 54, 487 54, 567 56, 366; 57, 235 57, 299 57, 517; 58, 582 58, 586 60, 555; 61, 280 63, 366 63, 401; 63, 449 65, 374 66, 114; 66, 129 66, 534 67, 48 ; 69, 473 69, 640 75, 363; 76, 105 76, 150 76, 151; 76. 320 76, 321 76, 546; 80, 5 SO, 10 SO, 15 ; 82, 12 82, 13 84, 142 ; 87. 13 87, 42 87. 43 ; 89, 306 89. 320 93, 161; 97. 310 97, 573 108. 160; 125, 140 129. 275 "Superseded by constitution of 1879. (McDonald v. Patterson, 54 Cal. 245; Thomason v. Ruggles. 69 Cal. 465.)"— Code Commis- sioners' note. See, however, City Imp. Co. v. Broderick, 125 Cal. 139. 140. ACT 3308. Certain streets closed. [Stats. 1873-4, p. 192.] ACT 3309. Vacating certain streets, alleys, and market places in. [Stats. 1871-2, p. 722.] Amended 1S73-4, 359 ; 1903. 363. SAN FRANCISCO. im ACT 3310. Superintendent of streets, further powers granted to. [Stats. 1875-6, p. 507.] Repealed by Vrooman act, 1885, 147. ACT 3311. To confer on supervisors of cities and counties containing more than one hundred thousand inhabitants, power to extend and complete all main intercepting sewers heretofore partially constructed. [Stats. 1880, p. 61.] Superseded by charter of San Francisco. ACT 3312. Supervisors, powers of as to contracts, p. 200.] Repealed by charter of San Francisco. [Stats. 1877-8, ACT 3313. Conferring further powers on board of supervisors of. [Stats. 1863, p. 560.] Cal.Rep.Cit. 98, 616. "Remained in force (San Francisco v. Kicrnan, 98 Cal. 614) until superseded by the charter of that city, 1899, 309." — Code Commissioners' note. This act conferred certain powers as to streets. ACT 3314. Conferring additional powers on board of supervisors and on auditor and treasurer. [Stats. 1871-2, p. 735.] Superseded by charter of San Francisco, 1899, 241-368. ACT 3315. Supervisors, conferring additional powers upon. 1873-4, p. 31.] Superseded by charter of San Francisco, 1899, 241. [Stats. ACT 3316. Supervisors, conferring additional powers on. [Stats. 1875-6, p. 795.] Cal.Rep.Cit. 52, 461. Superseded by the charter of San Francisco. ACT 3317. Supervisors, additional powers of. [Stats. 1877-8, p. 231.] Superseded by the charter of San Francisco. This act related to the grading of and work on streets. 1112 SAN FRANCISCO. ACT 3318. Conferring further powers on the board of supervisors, of. [Stats. 1877-8, p. 829.] This act gave the supervisors power to appropriate money from the General Fund for urgent necessity purposes, for fumitur* and repairs for public buildings, and for advertising purposes. ACT 3319. Conferring further powers on the board of supervisors. [Stats. 1877-8, p. 915.] Repealed 1880, 76. This act authorized the supervisors to cut, fill, and grade cer- tain streets. ACT 3320. To confer additional powers on the board of supervisors In relation to accepted streets. [Stats. 1877-8, p. 959.] Superseded by the charter of that city. ACT 3331. Supervisors, auditor, and treasurer, additional powers of. [Stats. 1873-4, p. 711.] Supplemented 1875-6, 74. Cal.Rep.Cit. 54, 74; 64, 502. This act authorized the making of certain appropriations, the acquiring of certain lands, including lands contiguous to Channel Street and Mission Creek, and the vacation and sale of certain parts of Channel Street and Mission Creek. ACT 3322. Supervisors, auditor, and treasurer, powers of. [Stats. 1875-6, p. 854.] Superseded by charter of San Francisco. Cal.Rep.Cit. 62, 586; 62, 590; 62, 600; 62, 601. This act provided for the expending of unexpended balances. ACT 3323. Personal property, assessment, and collection of taxes on. [Stats. 1873-4, p. 477.] Repealed 1895, 308. Unconstitutional. (People T. Pittsburg R. R. Co., 67 Cal. 625.) Cal.Rep.Cit. 67, 625. ACT 3324. Tehama Street, to provide for the opening and extending of. [Stats. 1877-8, p. 802.] ACT 3325. Authorizing final judgments quieting titles to lands In, to be recorded. [Stats. 1865-6, p. 533.] SAN FRANCISCO. 1113 ACT 3326. To expedite the settlement of land titles in. [Stats. 1869- 70, p. 353.] ACT 3327. Training ship, establishing and maintaining. [Stats. 1873- 4, p. 394.] Repealed 1875-6, 54. ACT 3328. Training ship in, establishing and maintaining. [Stats. 1875-6, p. 54.] Amended 1877-8, 233. ACT 3329. Regulating payment of money out of treasury of. [Stats. 1877-8. p. 111.] Supplemented and amended 1877-8, 333. Superseded by the charter of San Francisco. Cal.Rep.Cit. 62, 590; 62, 600; 104, 317. This act was what was known as ilie one-twelfth act. ACT 3330. Authorizing the supervisors to open Valencia Street. [Stats. 1877-8, p. 923.] ACT 3331. Establishing the grade of Vallejo Street. [Stats. 1877-8, p. 931.] Cal.Rep.Cit. 80, 15. ACT 3332. To ratify and confirm the Van Ness ordinance. [Stats. 1858, p. 52.] Cal.Rep.Cit. 43, 476; 47, 284; 49, 538; 50, 271; 50, 272; 50, 375; 54, 310; 59, 55; 68, 555; 70 325; 76, 20; 92, 416; 93, 244; 107, 658; 108, 462; 124, 354; 125, 535; 125, 536; 138, 226. ACT 3333. Van Ness Avenue, to provide for the improvement of. [Stats. 1877-8, p. 829.] ACT 3334. Describing the water-front of. [Stats. 1851, p. 307.] ACT 3335. Concerning water-front of. [Stats. 1877-8, p. 263.] Amended 1880, 10; 1889, 379; 1891, 233; 1895, 194; 1901, 627. See Political Code, sec. 2524, as amended 1901, 619 ; also the case 1114 SAN FRANCISCO. of People ex rel. State Harbor Commissioners v. Pacific Imp Co., 130 Cal. 442. Cal.Rep.Cit. 64, 502; 81, 29; 81, 35; 130, 444. This act related to the jurisdiction of the harbor commissioners. ACT 3336. To provide for the sale of the interest of the state In property within the water-front line, [beats. 1853, p. 219.] Supplemented 1855, 226 ; 1858, 139. Cal.Rep.Cit. 118, 215. Unconstitutional in part. (Guy v. Hermaner, 5 Cal. 73.) ACT 3337. To provide for the sale of certain property of the state of California within the water-front line. [Stats. 1858, p. 323.] ACT 3338. To provide for the further extension of the water-front line. [Stats. 1880, p. 132.] ACT 3339. Water-front of, confirming title to certain property on. [Stats. 1877-8, p. 417.] Cal.Rep.Cit. 81, 29. ACT 3340. Water rates in, establishing. [Stats. 1875-6, p. 82.] Amended 1875-6, 760. Repealed by constitution of 1879. (Spring Valley W. W. v. Bryant, 52 Cal. 132.) Cal.Rep.Cit. 52, 141 ; 53. 611. ACT 3341. Water-works for, to provide and maintain. [Stats. 1873- 4, p. 807.] Superseded by art. XII, charter of San Francisco, 1899, 346. Cal.Rep.Cit. 53, 385 ; 54, 321. This act authorized the supervisors to obtain a water supply. ACT 3342. Water-works for, to provide and maintain. [Stats. 1875- 6, p. 501.] Unconstitutional. (Spring Valley v. Bryant, 52 CaL 132 ; 53 Cal. 611.) Repealed 1880, 1. ACT 3343. Water-front of. Compromise of litigation concerning. [Stats. 1875-6, p. 905.] SAN FRANCISCO. 1115 ACT 3344. Authorizing a conveyance to William Scholle, of certain water lots in San Francisco. [Stats. 1881, p. 3.] ACT 3345. An act to regulate the sales of perishable products on the wharves and other state property in the city and county of San Francisco by prohibiting such sales except by or in behalf of those holding permits from the board of state harbor commissioners and making such unlaw- ful sales a misdemeanor, and prescribing the penalty therefor, and providing the conditions upon which such permits shall be issued. [Approved March 2, 1903. Stats. 1903, p. 73.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. It shall be unlawful for any person to sell, upon the public wharves or other property belonging to this state, in the city and county of San Francisco, and within the jurisdiction of the board of state harbor com- missioners, any fruit, vegetables, poultry, eggs, honey, game, or other produce commonly known, and hereinafter referred to as perishable products, unless such person or the person, firm or corporation, which he may duly repre- sent, shall hold the permit hereinafter described author- izing such sales to be made. Any violation of this act shall be deemed a misdemeanor punishable by a fine of not less than twenty-five dollars or more than five hundred dollars. Sec. 2. Perishable products consigned to persons, firms or corporations not holding the permit hereinafter de- scribed, and delivered by carrier upon any wharf on the San Francisco water-front, must be removed from said wharf within twenty-four hours after their arrival, and the board of state harbor commissioners must levy and collect on such perishable products in addition to the regu- lar state tolls, such additional wharfage as they may pre- scribe, but not less than the amount of the regular tolls, for each twenty-four hours or fraction thereof which such perishable products shall remain upon the wharf. Sec. 3. Upon application of any person, firm or corpo- ration receiving or expecting to receive perishable prod- ucts to be delivered by carrier upon any wharf on the 1116 SAN FRANCISCO. San Francisco water-front, the board of state harbor commissioners shall issue free of charge to such appli- cant, a permit authorizing him to sell such products when delivered on the wharves or state property, during the time such perishables are permitted to remain there, under the general regulations prescribed by the com- mission; provided, nevertheless that said permit shall not be issued until the applicant shall have signed the application which shall read as follows: "I (or we), expecting to receive consignments of perishable products to be delivered by carrier on the wharves or other property of the state of California in the city and county of San Francisco, and desiring to dispose of the same before removal, hereby make application for a permit to be valid for one year from the date of issue, to sell perishable products on said wharves or other state property. In consideration of the receipt of such permit, I (or we) promise to faithfully observe all the regula- tions which are or may be prescribed by the board of the state harbor commissioners in regard to such sales, and in particular I (or we) agree that I (or we) will not, during the life of such permit, be a party to any conspiracy, agreement or understanding whereby I (or we) shall refuse to sell [to] any solvent purchaser or buy from any person whatever, and I (or we) agree that I (or we) will sell, impartially, and at the same prices, to all who de- sire to purchase for cash, without regard to their busi- ness or intended disposition of the products, and will ex- ercise no discrimination whatever between buyers or sell- ers, by reason of their occupation, affiliations or non- affiliadons. I (or we) also agree that in case of violation of this agreement, the board of state harbor commissioners may revoke the permit hereby applied for, whereupon I (or we) agree to surrender the same, and I (or we) agree that the board of state harbor commissioners shall be the sole judges of the fact of such violation, I (or we) having had a hearing in the matter. Date Sec. 4. The permit herein provided for shall be in such form as the board of state harbor commissioners may de- ternxine and shall be valid for one year from date of issue ana no lonsc^" Sec. 5. In case of violation of his agreement by tue SANITARY DISTRICTS. 1117 holder of any permit the board of state harbor commis- sioners upon a hearing after giving due notice to all parties concerned, and finding the fact of such violation shall re- voke and cancel the permit, and shall not issue a new permit to the offending party, except upon a new execu- tion of the agreement hereinbefore set forth and the pay- ment of a fee of fifty dollars, and the right to receive a new- permit shall rest in the discretion of said board of state harbor commissioners. Sec. 6. The board of state harbor commissioners and all its oflicials and employees are charged with the en- forcement of this act, and shall eject from the wharves or other state property all persons found attempting to make sales in violation of this act. And the board of state harbor commissioners through such oSicials as it may from time to time designate, shall prosecute all violations of this act in the proper court. Sec. 7. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 8. This act shall take effect immediately. TITLE 415. ACT 3349. SANITARY DISTRICTS. "An act to provide for the formation, government, opera- tion, and dissolution of sanitary distiicts in any part of the state, for the construction of sewers, and other sanitary purposes; the acquisition of property thereby; the calling and conducting of elections in such dis- tricts; the assessment, levy, collection, custody, and disbursement of taxes therein; the issuance and disposal of the bonds thereof, and the determination of their valadity, and making provision for the pay- ment of such bonds, and the disposal of their proceeds." [Approved March 31, 1891. Stats. 1891, p. 223.] Amended 1893, 88 ; 1895, 85 ; but this amendment declared nn- conctltutiona] (In re Werner, 129 Cal. 5C7) ; aliio amended 1901, 633; 1903, 121. Cal. Rep. Git. 99, 556; 99. 557; 123, 600. Section 1. Whenever twenty-five persons in any coun- ty of the state shall desire the formation of a sanitary district within the county, they may present to the board of supervisors of such county a petition, in writing, signed 1118 SANITARY DISTRICTS. by them, stating the name of the proposed district, and setting forth the boundaries thereof, and praying that an election be held as provided by this act. Each of the pe- titioners must be a resident and freeholder within the proposed district. Sec. 2. When such petition is presented as above pro- vided, the board of supervisors must, within thirty days thereafter, order that an election be held as provided by this act. The order must fix the day of such election, which must be within sixty days from the date of the order, and must show the boundaries of the proposed district, and must state that at such election persons to fill the oflices provided by this act, viz.: a sanitary assessor, and five members of the sanitary board, will be voted for. This order shall be entered in the minutes of the board, and shall be conclusive evidence of the due presentation of a proper petition, and of the fact that each of the petitioners was, at the time of the signature and presentation of such petition, a resident and freeholder within the limits of the proposed district. Sec. 3. A copy of such order shall be posted for four suc- cessive weeks prior to the election, in three public places within the proposed district, and shall be published for four successive weeks prior to the election in some news- paper published in the proposed district, if there be one, and if not, in some newspaper published in the county. It shall be suflacient if the order be published once a week. Sec. 4. The board of supervisors, at any time prior to the election, shall select one polling place within the proposed district, and make all suitable arrangements for the holding of such election. The ticket shall contain the words, "For a sanitary district," or "Against a sanitary district," as the case may be, and the name of a person for sanitary assessor, and the names of five persons for members of the sanitary board. Such election shall be conducted in accordance with the general election laws of the state, so far as the same shall be applicable, except as herein otherwise provided. Every qualified elector, resident within the proposed district for the period requi- site to enable him to vote at a general election, shall be entitled to vote at the election above provided for. If a majority of the votes cast at such election shall be in favor of a sanitary district, the board of supervisors shall SANITARY DISTRICTS. 1113 make and cause to be entered in the minutes an ordei that a sanitary district of the name and with the bound- aries stated in the petition (setting forth such boundaries) has been duly established, and said order shall be con- clusive evidence of the fact and regularity of all prior proceedings of every kind and nature provided for by this act or by law, and of the existence and validity of the dis- trict. If a majority of the votes cast shall be against a sanitary district, the board shall, by order, so declare; no other proceedings shall be taken in relation thereto until the expiration of one year from the presentation of the petition. Sec. 5. Every sanitary district formed under the pro- visions of this act shall have power to have and use a common seal, alterable at the pleasure of the sanitary board; to sue and be sued by its name; to construct and maintain, and keep clean such sewers and drains as in the judgment of the sanitary board shall be necessary or proper, and for this purpose to acquire by purchase, gift, devise, condemnation proceedings, or otherwise, such real and personal property and rights of way, either within or without the limits of the district, as in the judgment of the sanitary board shall be necessary or proper, and to pay for and hold the same; to make and accept any and all contracts, deeds, releases, and documents of any kind which, in the judgment of the sanitary board, shall be necessary or proper to the exercise of any of the powers of the district, and to direct the payment of all lawful claims and demands against it; to issue bonds as here- inafter provided, and to assess, levy, and collect taxes to pay the principal and interest of the same, and the cost of laying and the expense of maintaining any sewer or sewers that may be constructed subsequent to the issuance of said bonds, or any lawful claims against said district, and the running expenses of the district; to employ all necessary agents and assistants, and pay the same; to lay its sewers and drains in any public street or road of the county, and for this purpose enter upon the same and make all necessary and proper excavations, restoring the same to proper condition; but in case such street or road shall be in an incorporated city or town, the consent of the law- ful authorities thereof shall first be obtained; to make and enforce all necessary and proper regulations for the 1120 SANITARY DISTRICTS. removal of garbage, and the cleanliness of the roads and streets of the district, and for the purpose of guarding against the spread of contagious and infectious diseases, and for the isolation of persons and houses affected with such diseases, and for the notification of the other inhabi- tants of the existence thereof, and all other sanitary regu- lations not in conflict with the constitution and laws of the state; to make and enforce all necessary and proper regu- lations for suppressing disorderly and disreputable re- sorts, and houses of ill-fame within the district, and to determine the qualification of persons authorized to sell liquors at retail, and from and after the passage of this act no license to keep a saloon, or sell liquors at retail, shall take effect or be operative within any sanitary dis- trict unless the same be approved by the sanitary board of the district; to impose fines, penalties, and forfeitures for any and all violations of its regulations or orders, and to fix the penalty thereof by fine or imprisonment, or both; but no such fine shall exceed the sum of one hundred dol- lars, and no such imprisonment shall exceed one month; to call, hold, and conduct all elections necessary or proper after the formation of the district; to prescribe, by order, the time, mode, and manner of assessing, levying, and col- lecting taxes for sanitary purposes, except as otherwise provided herein; to compel all residents and property owners within the district to connect their houses and habitations with the street sewers and drains; and gen- erally to do and perform any and all acts necessary or proper to the complete exercise and effect of any of its powers, or the purpose for which it was formed. [Amend- ment approved March 26, 1895. Stats. 1895, p. 85. In effect immediately.] See note at beginning of act. Sec. 6. The officers of the district shall be a sanitary assessor and five members of the sanitary board. Sec. 7. There shall be an election for sanitary assessor on every even-numbered j^ear in which members of the sanitary board are elected, and at the same time, place, and manner; and the person then elected shall hold office for two years next thereafter, and until the election and qualification of his successor. The person elected as- sessor at the election at which the district was form'^d shall hold office until the election and qualification of his SANITARY DISTKICTS. 1121 successor; provided, that if at any time a vacancy occur in the office of assessor, the sanitary hoard shall appoint a suitable person to fill such vacancy until the next elec- tion at which an assessor may be elected under the pro- visions of this act. Sec. 8. It shall be the duty of the sanitary assessor to make cut, before the first Monday in July of each year, a list of all the tangible real and personal property within the district. Such list shall contain a brief and general description of the property, an assessment of the value thereof, the 'name or names of the owner or owners, and such other matters as may be ordered by the sanitary board and such matters as shall be necessary to make such list conform to the provisions of the general laws of the state of California. The land shall be assessed separately from the improvements thereon. No mistake in the name of the owner of any of the real or personal property as- sessed, or any informality in the description, or in other parts of the assessment, shall invalidate the same. The sanitary assessor shall verify said list by his oath before some officer authorized to administer oaths, and shall de- posit the same with the sanitary board on the first Monday of July of each year, or as soon thereafter as is practicable. He shall have power to administer all oaths and aflirma- tions necessary or proper in the performance of his dtity as assessor, and shall receive such compensation as shall be fixed by the order of the board. He shall also per- form such further duties and do such further acts as may be ordered or required by the sanitary board. Sec. 9. There shall be an election for two members of the sanitary board in every even-numbered year, beginning with the second even-numbered year after the election at which the district was organized, and the two members then to be elected shall hold office until the election and qualification of their successors in the next even-numbered year; and there shall be an election for three members of the sanitary board in every odd-numbereu year, be- ginning with the second odd-numbered year, after the election at which the district was organized, and the three members then to be elected shall hold office until the elec- tion and qualification of tbeir successors in the next odd- numbered year. The five members elected at the election at which the district was organized shall, at their first 1122 SANITARY DISTRICTS. meeting, or as soon thereafter as may be practicable, so classify themselves, by lot, that two of them shall go out of office in the second even-numbered year after the election at which ihe district was organized, and upon the election and qualification of their successors, as provided by this act, and three of them in the second odd-numbered year after the election at which the district was organized, and upon the election and qualification of their successors, as provided by this act. All elections for officers after the formation of the district shall be on the first Monday after the first Tuesday in the month of March. The members of the sanitary board shall receive no compensation what- ever, either for general or special services. Sec. 10. The sanitary board shall be the governing power of the district, and shall exercise all the powers thereof, except the making of an assessment list in the first instance, as herein provided. At its first meeting, or as soon thereafter as may be practicable, the board shall choose one of its members as president, and an- other of its members as secretary. And all contracts, deeds, warrants, releases, receipts, and documents of every kind shall be signed in the name of the district by its president, and shall be countersigned by its secretary. The board shall hold such meetings, either in the day or in the evening, as may be convenient. In case of the ab- sence dr inability to act of the president or secretary, the board shall, by order entered upon the minutes, choose a president pro tem., or secretary pro tem., or both, as the case may be. Sec. 11. The sanitary board shall sit as a board of equal- ization as soon as it receives the assessor's list, or as soon thereafter as practicable, and shall continue in ses- sion as such board, with convenient intermissions, until the entire list furnished by the assessor shall have been examined and rectified, if rectification be necessary. The board shall have power to hear complaints as to the pro- ceedings of the assessor, and to adjudicate and determine the controversy thereon, and may of its own motion raise an assessment, after such reasonable notice to the party whose assessment is to be raised, as may be ordered by the board. After the examination and rectification of the assessor's list shall have been completed, the board shall, by resolution, fix the rate of taxation for sanitary pur- SANITARY DISTRICTS. 1123 poses, designating the number of cents on each one hun- dred dollars to be levied for each fund, and shall desig- nate the fund into which the same shall be paid; but no more that fifteen cents on each one hundred dollars shall be levied for all the sanitary purposes of any one year, be- sides what shall be required for the payment of the pi'inci- pal and interest of such year upon outstanding bonds. After the entry in the minutes of the resolution fixing the rate of taxation, the sanitary board shall cause the assessor to compute the amount of the tax upon each piece of real and personal property, and enter the same upon the assess- ment list in a suitable place. The list, when so completed, shall be verified by the assessor and signed by the president and secretary; and the amount of the tax shall thereupon become a lien upon the property upon v/hich it is assessed, and shall have the eficct of a judgment against the person of the owner thereof, and every such lien shall have the force and effect of an execution duly levied against all the property of the delinquent; and the judgment shall not be deemed satisfied or the lien extinguished until the taxes are paid or the property sold to satisfy the same, and no statute of limitations shall apply; but no more than seventy-five thousand dollars of bonds shall be voted for or issued at any one time, nor shall the bonded indebtedness of the district ever exceed the sum of seventy-five thousand dollars at any one period, whether it be made up of one issue of bonds or of several issues. Sec. 12. On or before the first Monday in July of each year, the board shall transmit, or cause the assessor to transmit, a duplicate of the list so made to the tax collec- tor of the county, who shall collect the taxes shown by said list to be due, in the same manner as he collects the county taxes, and all the provisions of the laws of the state as to the collection of taxes and delinquent taxes, and the en- forcement of the payment thereof, so far as applicable, shall apply to the collection of taxes for sanitary pur- poses; and said tax collector and the sureties on his official bond shall be responsible for the due performance of the duties imposed on him by this act; provided, that the sanitary board may, in its discretion, direct the district attorney of the county to commence and prosecute suits for the collection of the whole or any portion of the delin- quent taxes; and it shall be the duty of the district at- 1124 SANITARY DISTRICTS. torney to carry out sucli directions of the sanitary beard, and lie, and thie sureties upon his official bond shall be re- sponsible for the due performance of the duty imposed upon him by this act; and provided further, that the sanitary board may, at any time, by order entered in its minutes, provide a system for the collection of delinquent taxes, or make any change in the manner of their collection, which as to such taxes shall have the force of lav/. All money collected for sanitary purposes by the district attorney under this act shall be at once paid to the county treasurer. Sec. 13. The tax collector shall pay over to the county treasurer all moneys collected by him for sanitary pur- poses, as fast as the same shall be collected, and the said treasurer shall keep the same in the county treasury, as follows: In a fund called the bond fund of sanitary dis- trict (naming it) he shall place and keep the monej's levied by the sanitary board for such fund; and no part of the money in this fund shall be transferred to any other fund, or be used for any other purpose than the payment of the principal and interest of the bonds of the sanitarj'' district, so long as any such bonds shall be unpaid; in a fund called the running expense of sanitary district (naming it) he shall place and keep the moneys levied by the sanitary board for such fund. The whole or any part of the money in the running expense fund may be transferred to the bond fund, or to the other fund hereinafter provided for, upon the order of the sanitary board, and it shall be the duty of the treasurer to comply with such order. The treasurer shall pay out moneys from either of said funds, or from the fund hereinafter mentioned, only upon the written order of the sanitary board, signed by the presi- dent and countersigned by the secretary, which order shall specify the name of the person to whom the money is to be paid and the fund from which it is to be paid, and shall state generally the purpose for which the payment is made, and such order shall be entered in the minutes of the sani- tary board. The treasurer shall keep the order as his voucher, and shall keep a specific account of his receipts and disbursements of money for sanitary purposes. The treasurer and sureties upon his official bond snail be liable for the due performance of the duties imposed upon him by this act. The treasurer shall keep the money arising from the sale of bonds in the fund hereinafter mentioned. SANITARY DISTRICTS. 1125 Sec. 14. At any time after the district Is organized, tlie sanitary board may, by order entered in the minutes, call an election for the purpose of decermiuiug' vviiecjier bonds shall be issued for the construction of sev/ers. Such order shall fix the day of the election and shall specify the amount of money to be raised, and shall state in general terms the purpose for which it is to be raised. A copy of such order shall be posted for four successive weeks prior to the election in at least three public places within the district, and shall be published for four successive weeks prior to the election in some newspaper published with- in the district, if there be one, and if not, in some news- paper published in the county. It shall be sufficient if the order be published once a week. Sec. 15. At any time prior to the day fixed for the election, the board shall select one, and may select two, polling-places within the district, appoint officers of elec- tion, and make all necessary and proper arrangements for holding the election. The tickets shall contain the v/ords "For the issuance of bonds as proposed by the sanitary board," or "Against the issuance of bonds as proposed by the sanitary board." The election shall be conducted in accordance vvrith the general election laws of the state, so far as the same shall be applicable, except as herein otherwise provided. Every qualified elector resident with- in the district for the length of time necessary to enable him to vote at a general election shall be entitled to vote at the election above provided for. After the votes shall have been announced, the ballots shall be sealed up and delivered to the secretary or president of the sanitary board, which shall, as soon as practicable, proceed to can- vass the same, and shall enter the result upon its minutes. Such entry shall be conclusive evidence of the fact and regularity of all prior proceedings of every kind and na- ture provided by this act or by law, and of the facts stated in such entry. If, at such election, two thirds of the votes cast be in favor of the issuance of bonds, as pro- posed by the sanitary board, the said board shall thence- forth have full power and authority to issue and dispose of bonds as proposed in the order calling the election. [Amendment approved March 9, 1893. Stats. 1893, p. 88. In effect immediately.] 1126 SANITARY DISTRICTS. Sec. 16. All bonds issued under the provisions of this act shall be of such denomination as the sanitary board may determine, except that no bonds shall be of a less denomination than one hundred dollars, nor of a greater denomination than one thousand dollars. Said bonds shall be payable in gold coin of the United States at the office of the county treasurer of the county wherein said district is situated, and shall bear interest at a rate not exceeding five (5) per centum per annum, which interest shall be payable semi-annually in like gold coin. Not less than one- twentieth part of the total issue of bonds shall be payable each year, on a day to be specified by the sanitary board, but no bonds shall be payable in installments, but each bond issued hereunder shall be payable in full on the date specified therein by said board. Each bond shall be signed by the president and countersigned by the secretary of the sanitary board, and said bonds shall be numbered consecu- tively, beginning with number one (1), and shall have coupons attached referring to the number of the bond to which they are attached, which coupons shall be signed by the president and countersigned by the secretary of said board. The bonds must be disposed of by the sanitary board in such manner and in such quantities as may be determined by said board in its discretion, but no bond mvist be disposed of for less than its face value. The pro- ceeds of such sale shall be deposited with the county treasurer and shall be by him placed in the fund to be called the sewer construction fund of sanitary dis- trict (naming it) ; the money in such fund shall be used for the purpose indicated in the order calling the election upon the question of the issuance of the bonds, and for no other purpose; provided, that if after such purposes are entirely fulfilled any balance remain in such fund, such balance may, upon the order of the sanitary board, be transferred to either of the other funds provided by this act. If the result of the election be against the issuance of bonds no other election upon the question shall be called or held for a period of one year. Whenever the entire amount of bonds issued by any one district under the provisions of the act of which this is amenda- tory shall be presented by the holder or holders thereof to the sanitary board of the sanitary district issuing the same, there shall be exchanged therefor and issued in SANITARY DISTRICTS. 1127 lieu thereof to such holder or holders, by the sanitary board, bonds issued in accordance herewith for the vari- ous installments payable on the so surrendei"ed bonds and said new bonds so issued in exchange for said old surrendered bonds shall be payable at the same times and places as the installments due under the old bonds; it be- ing the intention hereof to permit the surrender of sani- tary district bonds heretofore issued payable in install- ments by the holders thereof, and the exchange therefor of a like amount of bonds of such sanitary district having a denomination equal to the installments payable under one or more of the bonds heretofore issued by any one sanitary district; said new bonds to be payable at the same time as said installments and in equal amounts; the a,mount of said new bonds to be payable in any one year to equal the amount of the installments on said old bonds payable in such year. All expenses of the exchange shall be borne by the holder of the bonds presented for ex- change, and interest on the new bonds shall be paid at the same time and rate as on the old bonds. Upon such ex- change being efi'ected the old bonds shall be canceled by punching holes in the signatures thereto attached, and shall be retained by the treasurer of said county as evi- dence of such cancellation. [Amendment approved March 23, 1901. Stats. 1901, p. 633. In effect immediately.] Sec. 17. It is hereby made the duty of the sanitary board to levy, each year, upon the property within the district, a sufficient tax to pay off the interest accruing upon said bonds for the respective year, as it falls due, and also to pay one twentieth of the principal of said bonds, so that the entire amount of principal and interest of said bonds shall be paid within twenty years from the date of the issuance of said bonds; and it is hereby made the duty of the tax collector, or such other person as may be charged with the duty of collecting the sanitary taxes, to collect the said taxes so to be levied, and the duty of the sanitary board to order the same to be paid, in manner and form as provided by this act, and the duty of the county treasurer to pay the same. If, for any reason, any portion of the tax for any year remains un- paid, and in consequence thereof any portion of the in- terest or principal due for any year remains unpaid, the same shall be added to tJie levy for the next year, and 1128 SANITARY DISTRICTS. be collected and paid accordingly. The payment of the whole amount of the principal and interest of all of said bonds, within twenty years from their issuance, is hereby made the imperative duty of the district; and, if necessary for that purpose, a special tax shall be levied; and it is hereby made the duty of every officer and board to do his respective part towards the le-vT. collection, and payment of such tax; and mandamus shall issue from the superior court of the county in which the district is situated, or from any other competent court, upon application of any party interested, for the purpose of compelling the per- formance of the duty imposed by this act upon any and all officers or boards. Sec. 18. If the result of any election upon the ques- tion of the issuance of bonds be in favor of such issuance, the sanitary board may, in their discretion, before such issuance, commence, in the superior court of the county, a special proceeding to determine their right to issue such bonds and the validity thereof, similar to the proceeding in relation to irrigation bonds, provided for by an act entitled "An act supplemental to an act entitled 'An act to provide for the organization and government of irriga- tion districts, and to provide for the acquisition of water and other property, and for the distribution of water there- by for irrigation purposes,' approved March seventh, eighteen hundred and eighty-seven, and to provide for the examination, approval, and confirmation of proceedings for the issue and sale of bonds issued under the provis- ions of said act"; and all the provisions of said act shall apply to and govern the proceedings so to be commenced by the sanitary board, so far as the same are applicable; and said proceedings shall be in accordance with the pro- visions of said act, so far as the same are applicable, and the judgment in such proceedings shall have the same effect as a judgment in relation to irrigation bonds under the provisions of said act. Sec. 19. Any general regulation of the sanitary board shall be by order entered in the minutes, but such order shall be publisbed once a week for one week in some newspaper published within the district, if there be one, and if there be no such newspaper then such order shall be posted for one week in three public places within the district. A subsequent order of the board that such pub- SANITARY DISTRICTS. 1129 lication or posting has been duly made shall be conclusive evidence that such publication or porting has been prop- erly made. Orders not establishing a general regulation need not be published or posted (unless otherwise pro- vided by this actj but shall be entered in the minutes, and the entry shall be signed by the secretary of the board. A general regulation shall take effect immediately upon the expiration of the week of publication or posting there- of. An ordinary order shall take effect upon the entry in the minutes. Sec. 20. The board may instruct the district attorney of the county to commence and prosecute any and all actions and proceedings necessary or proper to enforce any of its regulations or orders, and may call upon said district attorney for advice as to any sanitary subject; and it shall be the duty of the district attorney to obey such instructions and to give advice when called on by the board therefor. The board may at any time employ special counsel for any purpose. All fines for the violation of any regulation or order of the sanitary board shall, after the expenses of the prosecution are paid therefrom, be paid to the secretary of the board, who shall forthwith deposit the same with the county treasurer, who shall place the same in the running expense fund of the district. Sec. 21. The district may at any time be dissolved upon the vote of two thirds of the qualified electors thereof, upon an election called by the sanitary board upon the question of dissolution. Such election shall be called and conducted in the same manner as other elections of the district. Upon such dissolution, the property of the dis- trict shall vest in any incorporated city or town that may at said time be in occupation of a considerable portion of the territory of the district, and if there be no such in- corporated city or town, then the property shall be vested in the board of supervisors of the county until the forma- tion of such a city or town; provided, however, that if at the time of such election to dissolve such district there be any outstanding bonded indebtedness of such district, then, in such event, the vote to dissolve such district shall dissolve the same for all purposes excepting only the levy and collection of taxes for the payment of such indebtedness; and from the time such district is thus dissolved until such bonded indebtedness, with the in- Gen. Laws— 48 1130 SANITARY DISTRICTS. terest thereon, is fully paid, satisfied, and discharged, the legislative authority of said incorporated city or town, or the board of supervisors, if there be no such incor- porated city or town, is hereby constituted ex-oflBcio the sanitary board of such district. And it is hereby made obligatory upon such board to levy such taxes and per- form such other acts as may be necessary in order to raise money for the payment of such indebtedness and the interest thereon, as herein provided. Sec. 22. The sanitary board shall have power at any time after main sewers, or other sewers are laid, to order and contract for the construction of a sewer in any street or part of a street of the district where a sewer is not already constructed, and to provide by such order that the cost thereof shall be borne by the property fronting along the line of the sewer as ordered. Before ordering any work done, or improvement made, which is authorized by this section, the sanitary board shall pass a resolution of intention so to do and describing the work. The secre- tary of the board shall thereupon cause to be conspicuously posted along the line of said contemplated work or im- provement, at not more than three hundred feet in dis- tance apart, but not less than three in all, notices of the passage of said resolution. Said notices shall, in legible characters, state the fact of the passage of the resolution, its date and briefly the work or improvement proposed, and refer to the resolution for further particulars. He shall also cause a notice, similar in substance, to be pub- lished for a period of five consecutive days in a daily newspaper published and circulated in said district, and designated by said sanitary board, or by one insertion in a weekly newspaper so published, circulated and desig- nated. If there be no newspaper published and circulated in said district, then and in that case said secretary shall j)ost said notices in three public places in said district in addition to said posting along the line of said work or improvement. Any owner of property fronting upon said proposed work or improvement may make a written ob- jection to the same within fifteen days from and after the first publication of said notice, or from and after the day cf the posting of said notice if the same cannot be pub- lished as herein provided, v/hich objection shall be deliv- ered to the seci-etary of the sanitary board, who skall in- SANITARY DISTRICTS. 1131 dorse thereon the date of its reception by him. The sanitary board shall, at its next meeting after the time for presentation of objections has expired, fix a time for hearing said objections, not less than one week there- after. The secretary of the sanitary board shall thereupon notify the person or persons making such objection, by depositing a notice thereof in the United States postoffice in said district, or if there be none in said district, then in the one nearest thereto, postage prepaid, addressed to each objector, or his agent, when such objector appears by agent. At the time specified said sanitary board shall hear the objections urged, and pass upon the same, and its decision shall be final and conclusive. Upon such de- cision or at the expiration of the said fifteen days, if no written objection to the work therein described has been made as aforesaid by any ow^ner of the property front- ing on said work or improvement, the sanitary board shall be deemed to have acquired jurisdiction to order any work to be done, or improvement to be made, authorized by said resolution and this section. After said sanitary board has acquired jurisdiction to do such work and make such improvement, it may order the vfork done and improvement made, and provide in such order a time for receiving bids, and likewise authorize the president and secretary of the sanitary board to enter into a contract for the perfoi-m- ance of said work and making of said improvement. Such order shall be published for a period of five consecutive days in a daily newspaper published and circulated in said district, and designated by said sanitary board, or by one insertion in a weekly newspaper so published, circulated and designated, and in case there be no such newspaper published and circulated in said district, then and in that event such order shall be posted in at least three public places in said district; and at the opening of said bids the board must av/ard the contract to the lowest re- sponsible bidder, or may reject any and all bids and re- advertise for bids and upon the opening of such bids award the contract to the lowest responsible bidder, un- less the board is satisfied there is collusion between bid- ders when it may again reject the bids and again advertise for bids until they are satisfied the bids are fair and not made under collusion or fraud when it must award the contract. And in case such order is made and such con- 1132 SAN JOAQUIN COUNTY. tract is let, then the cost of such work and improvement done under such contract shall become a lien upon and shall be assessed against such blocks, lots and lands front- ing upon said work and improvement as woula be assess- able for said work and improvement under the provisions of that certain act entitled "An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities," approved March eighteenth, eighteen hundred and eighty- five, and acts amendatory and supplemental thereto, and the manner, method and mode of such assessment and collection of such assessment and foreclosure of such lien shall be made in accordance with the provisions of section sis and subsequent of said act and acts supplemental and amendatory to such provisions; provided, however, that the words "city council" used in said act shall be under- stood to mean "sanitary board"; the words "superintendent of streets" and "city engineer" shall be understood to mean "the engineer of such sanitary district"; the words "city" and "municipality" shall be understood to mean "sanitary district"; the words "clerk" and "city clerk" shall be understood to mean "secretary of said sanitary board"; the term "treasurer" or "city treasurer" shall be understood to mean any person or ofiicer who shall have charge of and make payment of the funds of such sani- tary district; and further provided, that all the powers and duties conferred by the said provisions of said act and acts amendatory and supplemental thereof upon city coun- cils, superintendent[s] of streets, clerks and city clerks, and treasurers and engineers and city engineers are hereby conferred and imposed upon the respective officers and board above specified. [Amendment approved March 10, 1903. Stats. 1903, p. 121. In effect immediately.] Sec. 23. All acts and parts of acts in conflict with this act, or any portion thereof, are hereby repealed. Sec. 24. This act shall take effect immediately. TITLE 416. SAN JOAQUIN COUNTY. Authorizing the construction of certain levees by certain parties. [Stats. 1877-8, p. 48.] SAN JOAQUIN COUNTY. 1133 ACT 3355. Protecting certain lands from overflow. [Stats. 1871-2, p. 861.] ACT 3356. Providing for the appointment of phonographic reporter in. [Stats. 1871-2, p. 551.] Repealed by Code of Civil Procedure, sees. 269-274. (People T. Lon Me, 49 Cal. 353.) ACT 3357. Concerning certain records of. [Stats. 1857, p. 228.] This act validated certain records of that county. ACT 3358. Roads and highways. [Stats. 1875-6, p. 341.] Amended 1877-8, 1034. Repealed 1883, 5, chap. X, sec. 2. ACT 3359. Authorizing road districts in, to levy a special tax. [Stats. 1871-2, p. 627.] Repealed by statute of 1883, p. 5, chap. X, sec. 2. ACT 3360. Regulating salaries and fixing compensation of officers oL [Stats. 1871-2, p. 874,] Repealed 1873-4, 578. ACT 33C1. Regulating salaries and fixing compensation of officers of. [Stats. 1873-4, p. 575.] Repealed by County Government Acts, see 1807, 505, sec. 164. ACT 33G2. Shorthand reporter, duties of. [Stats. 1875-6, p. 12.] Superseded by Code of Civil Procedure, sees. 268 to 274. ACT 3363. To encourage destruction of squirrels and gophers in, and to provide a bounty for the same. [Stats. 1877-8, p. 773.] Superseded by subd. 26, sec. 25, County Government Act, 1897, 465. ACT 8364. Supervisors of. [Stats. 1873-4, p. 466.] Repealed by County Government Acts, see 1897, 452. 1134 SAN JOAQUIN RIVER— SAN JOSE. ACT 3365. Making county treasurer es-officio tax collector, and the recorder ex-officio county auditor. [Stats. 1873-4, p. 692.] Superseded by County Government Acts, see 1897, 452. TITLE 417. ACT 3370. S-^^ JOAQUIN RIVER. Declaring navigable. [Stats. 1871-2, p. 117.] Superseded by Political Code, sec. 2349, as amended 1891, 96. ACT 3371. Public wharves on, act concerning. [Stats. 1871-2, p. 657.] TITLE 418. ACT 3376. SAN JOSE. Act to reincorporate. [Stats. 1871-2, p. 333.] Repealed 1873-4, 419. ACT 3377. Reincorporating. [Stats. 1873-4, p. 395.] Amended 1875-6, 627 ; 1877-8, 289, 846 ; 1891, 97. Superseded by the charter of San Jose, 1897, 593. Cal.Rep.Cit. 66, 5; 68, 92; 90, 39; 92,574; 102,644; 107, 188, ACT 3378. Establishment of board of health in. [Stats. 1877-8, p. 296.] Superseded by charter, 1897, 342. ACT 3379. Authorizing to issue bonds to provide for sewerage of salQ city. [Stats. 1871-2, p. 365.] Repealed 1873-4, 764. ACT 3380. Incorporating the fire department of. [Stats. 1869-70, p. 562.] See charter of that city, 1897, 624. ACT 3381. Law library in, establishing. [Stats. 1873-4. p. 727.] See Statute of 1891, 430, which, however, does not repeal this act, if a library bad been established under or preceding it. I SAN JUAN— SAN LUIS OBISPO COUNTY. 1136 ACT 3382. Confirming and ratifying acts of mayor and common coun- cil of. [Stats. 1877-8, p. 163.] This act authorized the opening of Market Street through Market Square. ACT 3383. Santa Clara Avenue and certain public lands, act concern- ing. [Stats. 1877-8, p. 290.] ACT 3384. Authorizing and empowering the school trustees to erect a high-school building. [Stats. 1897, p. 167.] ACT 3385. Providing for the opening, widening, and extending of streets in. [Stats. 1877-8, p. 620.] Probably superseded by the Vrooman Act, 1885, 147. TITLE 419. ACT 8390. SAN JUAN. Incorporating town of. [Stats. 1869-70, p. 245.] Superseded by incorporating, in 1896, under the statute of 1883. TITLE 420. ACT 8395. SAN LEANDRO. To Incorporate. [Stats. 1871-2, p. 458.] Repealed by revising act, 1873-4, 63. ACT 3396. Incorporating. [Stats. 1873-4, p. 63.] Revising act of March 21, 1872, 458. Superseded by incorporat* ing, in 1892, under statute of 1883. TITLE 421. ACT 3401. SAN LUIS OBISPO COUNTY. Concerning trespassing animals in. [Stats. 1871-2, p. 749.] The code commissioners (1903) say: "Probably repealed bj tiM estray law of 1897, 198; 1901, 603." ACT 3402. Regulating fees and salaries in. [Stats. 1869-70, p. 487.1 Amended 1871-2, 425 ; 1875-6, 912. See note to act 1119, ante. 1136 SAN LUIS OBISPO COUNTY. ACT 3403. Regulating fees of recorder of. [Stats. 1877-8, p. 701.T Repealed by County Government Acts, see 1897, 527, sec. 176. ACT 3404. Fees and compensation of district attorney of. [Stats.- 1877-8, p. 451.] Superseded by County Government Acts, see 1897, 527, sec. 176» ACT 3405. Authorizing transcribing of records in. [Stats. 1860, p. 11.] ACT 3406. Authorizing the transcribing of certain records in. [Stats. 1871-2, p. 402.] ACT 3407. Concerning roads in. [Stats. 1871-2, p. 134.J Amended 1871-2, 690. Repealed 1873-4, 30. ACT 3408. Providing funds for road purposes of. [Stats. 1875-6, p. 907.] ACT 3409. Fixing salaries of certain officers of. [Stats. 1873-4, p. 618.] "Repealed as to county judges by the constitution of 1879, abolishing the ofiBces, and as to the other offices, by the County Gov- ernment Acts, see 1897, 452." — Code Commissioners' note. ACT 3410. Salaries and coitnpensation of certain officers. [Stats. 1875-6, p. 608.] Amended 1877-8, 128. Repealed by County Government Acts, see 1897, 527, sec. 176. ACT 3411. Making the act to abate the squirrel nuisance applicable to. [Stats. 1S75-6, p. 637.] ACT 3412. Providing for an additional superior judge for. [Stats. 1889, p. 6.] ACT 3113. Reducing the number of superior judges in. [Stats. 1889, p. 333.] ACT 3414. Supervisors, reorganizing. [Stats. 1875-6, p. 493.] Amended 1877-8, 36. Superseded by County Government Acts see 1897, 452. ' SAN LUIS OBISPO, TOWN OF-SAN MATEO COUNTY. 1137 TITLE 422. SAN LUIS OBISPO, TOWN OF. ACT 3418. Incorporating. [Stats. 1875-6, p. 361.] Amended 1877-8. 683. Superseded by incorporating, in 1884, under Municipal Corporation Act of 1883. ACT 3419. Act reincorporating. [Stats. 1871-2, p. 220.] Amended 1871-2, 434 ; 1873-4, 328. Superseded by incorporat- ing imder Municipal Corporation Act of 1883. ACT 3420. Issuance of bonds by. [Stats. 1875-6, p. 382.] ACT 3421. Substitution of bonds of city of in lieu of bonds of the town of San Luis Obispo. [Stats. 1877-8, p. 237.] ACT 3422. Town of, funds for. [Stats. 1873-4, p. 294.] Superseded by Incorporating, in 1884, under Municipal Cor- poration Act of 1883. This act authorized the issuance and sale of bonds. ACT 3423. In relation to the police judge of. [Stats. 1877-8, p. 946.] Superseded by incorporation, in 1884, under the Municipal Corporation Act of 1883. ACT 3424. City, streets and roads in. [Stats. 1877-8, p. 701.] Modified by Political Code, sec. 2642, abolishing the oflBce of road overseers. Superseded by incorporation. In 1884, under Munici- pal Corporation Act of 1883. ACT 3425. To settle title to lands in the town of. [Stats. 1867-8, p. 245.] Cal.Rep.Cit. 94, 132. TITLE 423. ACT 3430. ^^N MATEO COUNTY. Boundary fences and trespass of animals in. [Stats. 1875- 6, p. 173.] As to trespassing of animals, repealed 1897, 198. 1138 SAN MATEO COUNTY. ACT 3431. Providing for construction and improvement of highways in. [Stats. 1871-2, p. 297.] Repealed 1883, p. 5, chap. X, sec. 2. ACT 3432. Prescribing duties and providing salaries for certain offi- cers of, etc. [Stats. 1873-4, p. 479.] Amended 1873-4, 779 ; 1877-8, 583. Modified and probably repealed by County Government Acts, see 1897, 462. ACT 3433. Pounds in, establishing. [Stats. 1875-6, p. 335.] Amended 1877-8, 323. Repealed by 1897, 198, and subd. 14, sec. 25, County Government Act, 1897, 463. ACT 3434. Road overseer in, compensation of. [Stats. 1875-6, p. 31.] Repealed as to road overseers by Political Code, sec. 2642. ACT 3435. Road overseers, compensation of. [Stats. 1877-8, p. 109.] Superseded by Political Code, sec. 2652, as amended In 1891, 478, and by Coimty Government Acts, see 1897, 452. ACT 3436. Extermination of squirrels. [Stats. 1877-8, p. 218.] "' Superseded by subd. 26, sec. 25, County Government Act, 1897, 465. ACT 3437. To confer powers upon supervisors of. [Stats. 1877-8, p. 700.] Repealed 1881, 21. This act authorized the supervisors to transcribe the records of San Francisco and San Mateo counties. ACT 343S. Supervisors, additional powers of. [Stats. 1875-6, p. 485.] Superseded by County Government Acts, see 1897, 452. This act authorized the supervisors to empower the treasurer to appoint a deputy. ACT 3439. Transfer of swamp-land fund of, to general fund. [Stats. 1875-6, p. 213.] Superseded by eubd. 18, sec. 25, County Government Act, 1897, 463. SAN RAFAEL— SANTA BARBARA CITY. 1139 ACT 3440. To declare certain tide lands public grounds and granting the same to, in trust for the use of the public. [Stats. 1893, p. 42.] TITLE 424.. ACT 3445. SAN RAFAEL. Incorporating. [Stats. 1873-4, p. 111.] Amended 1877-8, 767. Superseded by incorporating. In 1889, under Municipal Government Act of 1883. TITLE 425. ACT 3450. SANTA BARBARA CITY. Incorporating. [Stats. 1873-4, p. 330.] Amended 1875-6, 285 ; 1877-8, 776. Last act repealed 1887, 108. Superseded by the charter of Santa Barbara, 1899, 450. ACT 3451. Additional powers of common council. [Stats. 1877-8, p. 292.] Superseded by charter, 1899, 448. ACT 3452. Legalizing proceedings of trustees of. [Stats. 1865-6, p. 638.] ACT 3453. Legalizing grants of lands in. [Stats. 1861, p. 371.] Supplemented 1862, 495. Amended 1863, 47. This act legalized grants made by the Ayuntamiento. ACT 3454. To legalize and confirm certain grants and sales of town lands by the board of trustees and the mayor and com- mon council of the city of Santa Barbara, made since the passage of the act of March 31, 1866. [Stats. 1869- 70, p. 666.] ACT 3455. Confirming conveyances made to Santa Barbara Cemetery Association. [Stats. 1875-6, p. 572.] ACT 3456. Ratifying ordinance 47 and ordinance 48, passed by com- mon council of. [Stats. 1875-6, p. 282.] These ordinances related to certain city blocks and certain plazas. 1140 SANTA BARBARA COUNTY. ACT 3457. Laying out, opening, and improving streets in. [Stats. 1877-8. p. 777.] "Unconstitutional. (Boorman v. Santa Barbara, 65 Cal. 313.) Superseded by Vrooman Act, 1885, 147, and by the charter of Santa Barbara, 1899, 450." — Code Commissioners' note. Cal.Rep.Cit. 65, 314; 72, 416. TITLE 426. ACT 3462. Sx\NTA BARBARA COUNTY. Concerning trespassing animals in. [Stats. 1871-2, p. 749.] ACT 3463. Concerning conveyances in. [Stats. 1873-4, p. 61.] This act validated a deed acknowledged and recorded by C. E. Cook, formerly county clerk and ex-offlcio county recorder. ACT 3464. County clerk of. [Stats. 1875-6, p. 212.] Repealed by County Government Acts, see 1897, 531, sec. 179. ACT 3465. Fixing salaries of certain officers. [Stats. 1873-4, p. 618.] "Repealed as to county judges by the constitution of 1879, and as to other officers by the County Government Acts, see 1897, 452. "-• Code Commissioners' note. ACT 3466. Concerning roads in. [Stats. 1871-2, p. 134.] Amended 1871-2, 690. Repealed 1873-4, 30. ACT 3467. Creating special road district in, and providing road fund. [Stats. 1875-6, p. 494.] Repealed 1877-8, 108. ACT 3468. To provide for the extermination of squirrels in. [Stats. 1877-S, p. 787.] Repealed 1880, 7. ACT 3469. Legalizing all proceedings of. [Stats. 1S71-2, p. 78.] Cal.Rep.Cit. 52, 157. SANTA Ci^ARA CITY— SANTA CLARA COUNTY. 1141 TiTLE 427. ACT 3473. SANTA CLARA CITY. Act to reincorporate. [Stats. 1871-2, p. 251.] Amended and sections added, 1873-4, 591. ACT 3474. Authorizing corporate authorities to take and hold In trust certain lands. [Stats. 1871-2, p. 306.] This act had reference to certain lands granted by congress to the town of Santa Clara for the benefit of the bona fide occupants. TITLE 428. ACT 3479. SANTA CLARA COUNTY. To provide for the construction and protection of the Alameda road in. [Stats. 1871-2, p. 367.] ACT 3480. Artesian wells in, act to regulate use of, and to prevent waste of water. [Stats. 1875-6, p. 331.] Repealed 1877-8, 196, ACT 3481. Defining duties of county assessor of. [Stats. 1871-2, p. 534.] See sees. 148 and 162 of the County Government Act, 1897, 491, 507. This act made the assessor the collector of poU-taxea. ACT y3482. Auditor, seal of office. [Stats. 1873-4, p. 600.] ACT 3483. Authorizing supervisors to pay certain moneys to county clerk and auditor. [Stats. 1871-2, p. 859.] Repealed by County Government Act, 1897, 452. ACT 3484. Coroner of. [Stats. 1877-8, p. 426.] Repealed by County Government Acts, see 1897, 506, sec. 161. ACT 3485. Regulating fees of county clerk. [Stats. 1871-2, p. 212.] Amended 1875-6. 402. Repealed by fee bill. 1895, 267. (Miller v. Curry. 113 Cal. 644.) 1142 SANTA CLARA COUNTY. ACT 3486. Firemen of, exemption from payment of poll taxes. [Stats. 1873-4, p. 825.] "Probably superseded by County Government Acts, see 1897, 452, and constitution of 1879, sec. 12, art. XIII." — Code Commissioners' note. ACT 3487. To increase the number of judges of the superior court, and to provide for the appointment of an additional judge. [Stats. 1897, p. 7.] ACT 3488. Fees and salaries of officers of. [Stats. 1873-4, p. 610.] Repealed by County Government Acts, see 1897, 506, sec. 161. ACT 3489. Fees and salaries of ofQcers of. [Stats. 1875-6, p. 35.] Amended 1875-6, 363; 1877-8, 288. "Repealed as to salaries by County Government Act, see 1897, 506, sec. 161 ; and as to fees by the fee bill of 1895, 267, as to the oflBcers therein provided for." — Code Commissioners' note. ACT 3490. Recorder of, fees of. [Stats. 1873-4, p. 230.] Repealed by the fee bill of 1895, 267. ACT 3491. Legalizing certain records of. [Stats. 1861, p. 507.] ACT 3492. Conceruing Spanish records in. [Stats. 1863, p. 11.] This act authorized the translation into English of the Spanish records. ACT 3493. Concerning the county records of. [Stats. 1869-70, p. 779.] This act provided for the transcribing of the records. ACT 3494. Complete records in, providing for the keeping of. [Stats. 1873-4, p. 231.] Superseded by County Government Act, 1897, 484, sees. 120, 121. as to recorders only. ACT 3493. Roads and highways. [Stats. 1873-4, p. 453.] Amended 1875-6, 167, 606. "Unconstitutional as to condemnation proceedings. (Weber T. Santa Clara, 59 Cal. 265.) Repealed 1883, 5, chap. X, sec. 2."— Cod* Commissioners' note. SANTA CRUZ CITY— SANTA CRUZ COUNTY. 1143 ACT 3496. Public roads in, protection of. [Stats. 1875-6, p. 250.] Repealed 1877-8, 298. ACT 3497. Providing for opening of Santa Clara and Saratoga ave- nues. [Stats. 1871-2, p. 415.] Repealed 1873-4, 556. Unconstitutional. (Williams v. Corcoran, 46 Cal. 553.) Cal.Rep.Cit. 46, 555. ACT 3498. Santa Clara Avenue, providing for opening and improving. [Stats. 1871-2, p. 370.] Amended 1873-4, 538. Repealed 1877-8, 291. ACT 3499. Concerning streams in. [Stats. 1871-2, p. 652.] Amended 1877-8, 293. Superseded by subd. 41, sec. 25, and by sec. 52, County Government Act, 1897, 467, 473. This act gave the supervisors certain powers over unnavigabl* streams. TITLE 429. ACT 3504. SANTA CRUZ CITY. Reincorporating. [Stats. 1875-6, p. 189 J Supplemented 1877-8, 870. Cal.Rep.Cit. 60, 68. ACT 3505. To Incorporate, amending and supplementing act of March 31, 1866. [Stats. 1871-2, p. 471.] Superseded 1875-6, 189. ACT 3506. Isaac E. Davis and Henry Cowell authorized to lay water pipes in. [Stats. 1873-4, p. 229.] TITLE 430. ACT 3511. SANTA CRUZ COUNTY. To provide a sufficient number of deputies for the county assessor of. [Stats. 1877-8, p. 958.] Repealed by County Government Acts, see 1897, 452. 1144 SANTA MONICA. ACT 3512. In relation to oflace of district attorney of. [Stats. 1871-2, p. 440.] Repealed by County Government Act, 1897, 523, sec. 171. ACT 3513. Fees and salaries of officers of. [Stats. 1875-6, p. 576.] Repealed by County Government Acts, see 1897, 523, sec. 172. ACT 3514. Juries in justices' courts and witnesses in courts of record. [Stats. 1877-8, p. 564.] Repealed by fee bill of 1895, 273. ACT 3515. Public and private roads in. [Stats. 1875-6, p. 611.] Repealed 1883, 5, chap. X, sec. 2. ACT 3516. Authorizing condemnation of lands for road purposes. [Stats. 1871-2, p. 397.] "Probably superseded by the provisions of subds. 4, 7, and 37 of sec. 25, County Government Act, 1897, 457."— Code Commis- sioners' note. ACT 3517. To regulate fees of sheriff. [Stats. 1871-2, p. 331.] Repealed by fee bill, 1895, 269. ACT 3518. Supervisors, duties and salaries of. [Stats. 1877-8, p. 155.] Repealed by County Government Acts, see 1897, 452. ACT 3519. Supervisors, change of line of Santa Cruz Railroad Com- pany. [Stats. 1875-6, p. 725.] ACT 3520. County surveyor of. [Stats. 1875-6, p. 34.] This act fixed the fees and compensation of the surveyor. TITLE 431. ACT 3525. SANTA MONICA. Sea gulls, protection of. [Stats. 1875-6, p. 287.] This act prohibited the killing of gulls within five miles of tbe town. This act appears in full In Penal Code, Appendix, p. 608. SANTA ROSA— SCHOOLS. 1145 TITLE 432. ACT 3530. SANTA ROSA. Reincorporating. [Stats. 1871-2, p. 628.] Amended 1873-4, 378. Entire act amended 1875-6, 251. Cal.Rep.Cit. 138, 152. Compare on the point of municipal election contests sec. llllc Code Civ. Proc, and see Carter v. Superior Court, 70 Pac. 1067. ACT 3531. Reincorporating. [Stats, 1875-6, p. 251.] Cal.Rep.Cit. 125, 121 ; IBS, 152. ACT 3532. Altering and defining limits of. [Stats. 1869-70, p. 473.] ACT 3533. Board of education of, powers and duties of, establishing and defining. [Stats. 1875-6, p. 514.] SCHOOL LANDS. See Public Lands, ante. SCHOOL OF INDUSTRY. See Preston School of Industry, ante. SCHOOL OF REFORM. See Whittier State School, post. TITLE 433. ACT 3538. SCHOOLS. Putah school district and Yolo school district, union of. [Stats. 1873-4, p. 350.] ACT 3539. Siskiyou, Modoc, and Sonoma counties, apportioning school moneys in, manner of. [Stats. 1873-4, p. 896.] Amended 1875-6, 33. Superseded by Political Code, sees. 1543, 1858. ACT 3540. Wood's Island, in Sacramento County, annexed to Rio Vista school district in Solano County, for school pur- poses. [Stats. 1&V5-6, p. 32.] 1146 SCHOOLS. ACT 3541. Grass Valley school district, board of education, estab- lishing and defining powers of. [Stats. 1875-6, p. 233.] ACT 3542. School moneys, distribution of in certain counties. [Stats. 1875-6, p. 332.] This act related to Fresno, Contra Costa, Shasta, and Lassen counties. Repealed as to Fresno County, 1877-S, 7S2. Repealed as to Contra Costa County, 1S77-S, 1S2. Superseded by Political Code, sec. 1858. ACT 3543. Consolidating Rattlesnake school district with Wild Goose school district, in Ei Dorado County. [Stats. 1875-6, p. 801.] ACT 3544. Millville school district, Shasta County, an act concerning census of. [Stats. 1875-6, p. 817.] Superseded by Political Code, sec. 1617, subd. 16, and sec. 1634. ACT 3545. Setting off southwestern portion of Sutter Island, in Sac- ramento County, from Onisl^o school district, to Slough school district for school purposes. [Stats. 1877-8, p. 591.] ACT 3546. Scott's Valley school district, Siskiyou County, author- izing trustees of to borrow money for school purposes. [Stats. 1877-8, p. 593.] ACT 3547. Court-house school district, Sonoma County, to re-estab- lish. [Stats. 1877-8, p. 752.] ACT 3548. To attach a portion of Kings Uiver Switch school district to Kingsbury school district, in Fresno County. [Stats. 1877-8, p. 1010.] ACT 3549. For the establishment of high schools. [Stats. 1S91, p. 182.] Cal.Rep.Cit. 101, 656 ; 102, 470 ; 112, 317 ; 124, 696 ; 129, 602. Unconstitutional. (McCabe v. Carpenter, 102 Cal. 469.) Re- pealed 1893, 276. SCHOOLS. 1147 ACT 3550. Legalizing the establishment of high schools in incorpo- rated cities, and providing for the maintenance and support of such schools. [Stats. 1901, p. 299.] ACT 3551. To authorize the establishment of county high schools, and provide for their support. [Stats. 1891, p. 57.] Repealed 1S93, 276. ACT 3552. An act relative to the meeting-place of high school boards within municipal corporations. [Became a law under constitutional provision without governor's approval, March 15, 1901. Stats. 1901, p. 296.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Where high schools are situated within the limits of a municipal corporation, the meetings of the high school board may be held at the high school build- ing, or at the meeting-place provided for the board of edu- cation of such municipal corporation, as shall be deter- mined by resolution adopted by said high school board. Sec. 2. This act shall take effect immediately. ACT 3553. An act creating a fund for the benefit and support of high schools and providing for its distribution. [Approved March 2, 1903. Stats. 1903, p. 64.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. There is hereby levied annually for the fifty-fifth and fifty-sixth fiscal years, ending respectively June thirtieth, nineteen hundred and four, and June thir- tieth, nineteen hundred and five, an ad valorem tax of one and one half cents upon every hundred dollars of the value of the taxable property of the state, which tax shall be collected by the several oflacers charged with the collec- tion of state taxes, in the same manner and at the same time as other state taxes are collected, upon all and any class of property, which tax is for the support of regu- larly established high schools of the state. And it is fur- 114S SCHOOLS. ther enacted that, beginning with the fifty-seventh fiscal year, to wit: July first, nineteen hundred and six, it shall be the duty of the state controller, annually, between the tenth day of August and the first day of September, at the time that he is required to estimate the amount neces- sary for other school taxes, to estimate the amount neces- sary to be levied for the support of high schools. This amount he shall estimate by determining the amount re- quired at fifteen dollars per pupil in average daily attend- ance in all the duly established high schools of the state for the last preceding school year, as certified to him by the state superintendent of public instruction. This amount the state controller, between the dates above given, must certify to the state board of equalization. Sec. 2. The state board of equalization at the time when it annually determines and fixes the rate of state taxes to be collected, must declare the levy and the rate of tax for the support of state high schools in conformity with the provisions of section one of this act. Sec. 3. The money collected as provided in sections one and two hereof, after deducting the proportionate share of expenses of collecting the same to which other taxes are subject, must be paid into the state treasury, to be by the state treasurer converted into a separate fund, hereby created, to be called the "State High School Fund." Sec. 4. The money paid into the state high school fund is hereby appropriated without reference to fiscal years for the use and support of regtilarly established state high schools and is exempt from the provisions of part three, title one, article eighteen, of an act entitled "An act to establish a Political Code," approved March twelfth, eighteen hundred and seventy-two, relating to the state board of examiners. Sec. 5. The money in said state high school fund shall be apportioned to the high schools of the state by the state superintendent of public instruction in the following manner: He shall apportion one third of the annual amount among the county, district, city, union, or joint union high schools of the state, irrespective of the num- ber of pupils enrolled or in average daily attendance there- in, except as hereinafter provided; the remaining two thirds of the annual amount he shall apportion among such schools pro rata upon the basis of average daily attend- SCHOOLS. 1149 ance as shown by the official reports of the county or city and county school superintendents for the last preceding school year; provided, that such high schools have been organized under the law of the state, or have been recog- nized as existing under the high school lav/s of the state and have maintained the grade of instruction required by law of the high schools; and provided, that no school shall be eligible to a share of said state high school fund that has not during the last preceding school year employed at least two regularly certificated high school teachers for a period of not less than one hundred and eighty days with not less than twenty pupils in average daily attend- ance for such length of time, except in newly established high schools wherein the minimum average daily attend- ance for the first year of one hundred and eighty days may be but twelve pupils and but one teacher; and provided, that before receiving state aid, each school shall furnish satisfactory evidence to the superintendent of public in- struction of the possession of a reasonably good equipment of building, laboratory, and library, and of having main- tained, the preceding school year, proper high school in- struction for a term of at least one hundred and eighty days; provided further, that the foregoing provisions re- lating to the average daily attendance and the number of teachers employed shall not operate to disqualify any legally established high school existing at the date of the passage of this act from receiving a share of said state high school fund until July 1, 1904. Sec. 6. The principal of every high school entitled to state aid in accord with the foregoing provisions shall an- nually at the close of the term and prior to receiving his last month's salary and as a prerequisite for such salary make out under oath and deliver to the county superintend- ent of the county or city and county wherein such high school is situated a full and complete report of said high school for the entire term or school year; such report to show the number of pupils enrolled, the average daily attendance, number of teachers regularly employed, the courses of instruction pursued, and such other informa- tion as may be required by the superintendent of public instruction and the county superintendent of schools, the said report to be made upon blanks furnished by said superintendent of public instruction as other school re- 1150 SCHOOLS. port blanks are furnished; provided, that in the case of joint union high school districts the principals thereof shall report as above required to county superintendents of each of the counties having territory within such joint union high school districts, and in such reports the statis- tics of attendance and other data for each county separate- ly and collectively shall be given. Sec. 7. The county superintendent of every county, or city and county, v.herein is located a high school, or the building or buildings of a joint union high school, shall annually, at the time required for making reports of primary and grammar schools, make report under oath to the superintendent of publfc instruction, showing the num- ber of pupils enrolled, average daily attendance, number of teachers regularlj' employed, and such other informa- tion regarding the high schools of his county, or city and county, as he may deem proper, or as may be required by the superintendent of public instruction; said report to be made upon blanks furnished by the superintendent of public instruction. Sec. 8. It shall be the duty of the county or city and county superintendent of schools of every county, or city and county, wherein is located a high school, or the build- ing or buildings of a joint union high school, on the order of the board of trustees of such high school, to draw his requisition upon the county auditor against the funds of such high school, but no requisition shall be drawn unless the money is in the fund to pay it, and no requisition shall be drawn upon the order of the board of high school trus- tees or board of education against the state high school fund, except for teachers' salaries, and the order shall state the monthly salary of the teacher, and name the month or months for which such salary is due. Upon the receipt of such requisition the auditor shall draw his war- rant upon the county treasurer in favor of the parties for the amount stated in such requisition, and the county treasurer is hereby authorized to pay the same. Sec. 9. High schools organized under the present law for the establishment of high schools and receiving state aid under this act shall v/ithin one year after first begin- ning to receive such state aid provide at least one course of study such as will prepare pupils for admission to one of the colleges of the University of California, and for that SCHOOLS. 1151 purpose said high schools shall be subject to inspection by a duly accredited representative ci said university. High schools eligible to receive state aid as herein pro- vided shall admit as students only such pupils as have completed the full course of instruction prescribed for the pi'imary and grammar schools of the county or city and county wherein the high school is located, or an equiva- lent course, or such pupils as may show by thorough ex- amination that their qualifications are equivalent to the requirements for graduation from said primary and gram- mar school course; provided, that pupils otherwise quali- fied to enter a high school and residing in territory where- in no high school exists shall have the right to attend any high school that receives state aid under the provisions of this act without the payment of tuition fee, if such schools have room or accommodations for them. Sec. 10. The state controller must keep a separate ac- count of the high school fund raised as provided in sec- tions one and two of this act. He must on the first Mon- day in January and on the first Monday in July in every j^ear report to the superintendent of public instruction a statement of all moneys belonging to the state high school fund. He must draw his warrant on the state treasurer in favor of any county or city and county treasurer whenever such treasurer presents, with his indorsement, an order drawn by the superintendent of public instruction against the state high school fund, and the state treasurer is here- by authorized to pay the same; provided, that in the case of counties having joint union high school districts the order of the superintendent of public instruction and the warrant of the state controller shall be in favor of the county treasurer of that county wherein the high school building or buildings are located or wherein the high school is being conducted. Sec. 11. It is hereby made the duty of the treasurer of every county, or city and county, that receives state money under the provisions of this act to place the same to the credit of the funds of the respective high schools of his county, or city and county, in accord with the appor- tionment made by the superintendent of public instruc- tion, and to pay out the same according to the provisions of section eight of this act. 1152 SCHOOLS. Sec. 12. This act shall take effect and be in force from and after its passage. ACT 3554. Establishing a branch state normal school. [Stats. 1883, p. 89.] This act established a branch in Los Angeles County. ACT 3555. To establish a branch state normal school in northern California. [Stats. 1887, p. 60.] ACT 3556. Establishing a state normal school in San Diego County. [Stats.'l897, p. 114.] ACT 3557. To establish a state normal school in San Francisco. [Stats. 1899, p. 177.] ACT 3558. To authorize and empower the trustees of the state normal school at San Jose to reconvey to tne city ol San Jose a parcel of land situate in said city and belonging to the state of California, to the said city of San Jose, for the purpose of erecting and maintaining a free pub- lic library upon said parcel of land. [Approved March 23, 1901. Stats. 1901, p. 575.] ACT 3559. Text-books in public schools, preventing change in. [Str.ts. 1875-6, p. 1.] Repealed 18S0, 42, and by sec. 7, art. IX, of the constitution. (People V. Board of Education, 55 Cal. 331.) ACT 3560. To provide for the care and security of the state series of school text-books, by the erection of a fire-proof •warehouse to be used for the storage of the same, authorizing the appointment of a storekeeper to have the care and custody of said text-books, and appro- priating money to pay the expenses of erecting said ■warehouse. [Approved March 15, 1887. Stats. 1887, p. 131.] ■' Ten thousand dollars was appropriated for the purposes Indicated. SCHOOLS. 1153 ACT 3561. An act to provide for compiling, illustrating, electrotyping, printing, binding, copyrighting, and distributing cer- tain books of a state series of school text-books, and appropriating money therefor. [Approved March 15, 1887. Stats. 1887, 139.] Defining additional books for compilation. Section 1. In addition to the books directed to be com- piled for use in the common schools of the state by sec- tion one of the act entitled An act to provide for com- piling, illustrating, electrotyping, printing, binding, copy- righting, and distributing a state series of school text- books, and appropriating money therefor, approved Feb- ruary tvsrenty-six, eighteen hundred and eighty-five, the state board of education shall compile, or cause to be compiled the following described text-books, viz.: One (1) elementary arithmetic; one (1) elementary grammar, or language lessons; one (1) elementary geography; one (1) physiology and hygiene, including a system of gym- nastic exercises; and special instructions as to the nature of alcoholic drinks and narcotics, and their effects upon the human system; and the sum of fifteen thousand dol- lars, in addition to the unexpended balance of the sum appropriated by section eight of said act aforesaid, is hereby appropriated out of any money in the state treasury not otherwise appropriated, for the purpose of compiling, or causing to be compiled, the text-books hereinbefore enumerated, together with those enumerated in section one of said act aforesaid, and still remaining to be compiled. The appropriation provided for in this section shall be subject to the order of the state board of education; pro- vided, that all demands against said appropriation shall first be approved by said state board of education, and pre- sented to the state board of examiners, in itemized form, for their approval; and upon the approval of the state board of examiners, the controller is hereby authorized to draw his warrant upon the state treasurer for the pay- ment of said demands, and the state treasurer is authorized to pay the same. Remuneration for compiling books. Sec. 2. The state board of education shall employ well-qualified persons to compile the books mentioned in Gen. Laws — 49 1154 SCHOOLS. section one of this act, and shall fix the remimeratioi for the services thus rendered; provided, that if compe tent authors shall compile any one or more works of th< first order of excellence, and shall ofler the same as a fre( gift to the people of the state, together with the copyrigh of the same, and the exclusive right to manufacture and sell such works within the state of California, it shall b( the duty of the state board of education to accept such gift and to expend no money for the purpose of compilini works relating to the subjects treated of in the books thus donated. The state board of education shall fur nish to the superintendent of state printing designs foi all cuts and engravings to be used in the said series ol text-books. Supervision of superintendent of state printing. Sec. 3. The printing of all the text-books provided foi in section one of this act, and all the mechanical worli connected therev/ith, shall be done by and under the supervision of the superintendent of state printing, at the state printing-office; provided, that the purchase of paper for the school books, and the cardboards, cloth, and leather for covers, shall be procured by advertising for proposals to furnish the same in the manner now provided for by section five hundred and thirty-two of the Political Code, relating to paper supplies for the state printing-office; and provided further, that all folding, stitching, binding, and ruling shall be done in the state bindery; but the ac- counts of the school book binding shall be kept separate from those of all other binding. The sum of one hundred and sixty-five thousand dollars, in addition to the un- expended balance of the sum appropriated by section nine of said act aforesaid, approved February twenty-sixth, eight- een hundred and eighty-five, seven thousand five hundred dollars of which shall be available during the present fis- cal year, is hereby appropriated out of any money in the state treasury not otherwise appropriated, to purchase the necessary machinery, and to properly maintain the same, and to purchase such type and other materials as may be required in the manufacture of the text-books pro- vided for in section one of this act, together with those enumerated in section one of said act aforesaid, approved February twenty-sixth, eighteen hundred and eighty-five, and remaining to be manufactured, as well as to pay the SCHOOLS. 1155 salaries or wages of the compositors, binders, and otlier persons to be employed in such manufacture; provided, that the state board of education shall first approve the style of printing, engravings, and illustrations, kind of paper, size, and binding of volumes; said sum to be drawn by the superintendent of state printing in the same manner as provided in subdivision four of section five hundred and twenty-six of the Political Code. Secure copyrights. Sec. 4. The state board of education shall secure copy- rights to all the books that shall be compiled under the provisions of this act, and shall protect said copyrights from all infringement. Moneys received kept in state treasury. Sec. 5. All moneys that have been received or may hereafter be received from the state series of school text- books shall be kept by the state treasurer as a separate and distinct fund, to be known as the "State School Book Fund," which said fund shall be subject to the following drafts, viz.: By the superintendent of state printing for all moneys needed for manufacturing any editions of any book of the state series, over and above the first fifty thousand copies manufactured of such book, the same to be drav/n as provided in subdivision four of section five hundred and twenty-six of the Political Code; provided, that all demands on the state school book fund shall be presented to the state board of examiners in itemized form, for their approval; and upon the approval of the state board of examiners, the controller is hereby authorized to draw his warrant upon the state treasurer for the payment of said demands, and the state treasurer is authorized to pay the same. Sec. 6. This act shall take effect from and after its passage. ACT 3562. An act to provide for compiling, illustrating, electrotyping, printing, binding, copyrighting, and distributing an elementary book on civil government, for the state series of school text-books. [Approved March 19, 1889. Stats. 1889, p. 327.] 1156 SCHOOLS. Compiling, etc., books on civil government of the United States. Section 1. The state board of education shall compile, or cause to be compiled, the following described text-book for use in the common schools of the state, viz.: One (1) elementary book on the civil government of the United States, with a special analysis of the government of the state of California. Printing of. Sec. 2. The printing of said elementary book on civil government, provided for in section one of this act, shall be done by and under the supervision of the superintendent of state printing, subject to the provisions of section three of an act entitled An act to provide for compiling, illus- trating, electrotyping, printing, binding, copyrighting, and distributing certain books of a state series of school text- books, and appropriating money therefor, approved March, fifteenth, eighteen hundred and eighty-seven. Sec. 3. This act shall take effect from and after its passage. ACT 3563. An act to provide for compiling, illustrating, electrotyping, printing, binding, copyrighting, and distributing a state series of school text-books, and appropriating money therefor. [Approved February 26, 1885. Stats. 1885, p. 6.] Amended 1887, 145 ; 1891, 453. Series of school books. Section 1. The state board of education shall compile, or cause to be compiled, for use in the common schools of the state, a series of school text-books of the following description, viz.: Three (3) readers, one (1) speller, one (1) arithmetic, one (1) grammar, one (1) history of the United States, and one (1) geography. The matter con- tained in the readers shall consist of lessons commencing with the simplest expressions of the language, and, by a regular gradation, advancing to and including the highest styles of composition, both in prose and poetry. Compilers of same. Sec. 2. The state board of education shall employ well- qualified persons to compile the books mentioned in sec- SCHOOLS. 1157 tion one of this act, and shall fix the remuneration for the services thus rendered; provided, that if competent au- thors shall compile any one or more works of the first order of excellence, and shall offer the same as a free gift to the people of the state, together with the copyright of the same, and the exclusive right to manufacture and sell such works within the state of California, it shall be the duty of the state board of education to accept such gift, and to expend no money for the purpose of compiling works relating to the subjects treated of in the books thus donated. The state board of education shall furnish to the superintendent of state printing designs for all cuts and engravings to be used in the said series of text-books. Printing and binding. Sec. 3. The printing of all the text-books provided for in section one of this act, and all the mechanical work connected therewith, shall be done by and under the super- vision of the superintendent of state printing at the state printing-office; provided, that the purchase of paper for the school books, and the cardboards, cloth, and leather for covers, shall be procured by advertising for proposals to furnish the same, in the manner now provided for by section five hundred and thirty-two of the Political Code, relating to paper supplies for the state printing-office; and provided further, that when the state has its bindery in operation, all folding, stitching, binding, and ruling of the state shall be done in the state bindery; but the ac- counts of the school book binding shall be kept separate from those of all other binding. Copyrights. Sec. 4. The state board of education shall secure copy- rights to all the books that shall be compiled under the provisions of this act, and shall protect said copyrights from all infringement. Order for uniform use. Sec. 5. Whenever any one or more of the state series of school text-books shall have been compiled and adopted, the state board of education shall issue an order requiring the uniform use of said book or books in the common schools of the state; but said order for the uniform use of said book or books shall not take effect till the expira- tion of at least one year from the time of the completion 1158 SCHOOLS. of the electrotype plates of said book or bocks, and there- after such book or books shall be used in all the common schools of this state; and no school board or other school authority in this state shall have the power to authorize the use of, nor shall any common school in this state use any books as text-books for pupils other than those direct- ed to be used by the order aforesaid of such state board, except books on such subjects as are not provided for by text-books published by the state. Nothing in this act shall be construed to prevent any county or school district from adopting any one or more of the state series of school text-books v/henever said book or books shall have been published. The superintendent of public instruction must withhold from any city, city and county, county, or from any school district in this state using school books in violation of the provisions of this act and section all state school moneys to which it may be entitled, until it comply Yv'ith the requirements of this section; and any moneys so withheld must be apportioned by the superin- tendent at the next annual apportionment in the same manner as other school moneys in the treasury. [Amend- ment approved March 31, 1S91. Stats. 1S31, p. 453.] Text-books, how obtained. Sec. 6. All orders for text-books shall be made on the superintendent of public instruction, and shall be ac- companied by cash, in payment for the same, at the price fixed by the state hoard of education as the cost price at Sacramento; provided, that if the books are to be shipped by mail, the cost of postage shall also accompany the order. The following persons shall be entitled to order books: i. County superintendents of schools, for the use of teachers, parents, and pupils in their counties only. 2. Principals of state normal schools, for their own and for the use of the pupils in their respective schools only. 3. The secretary or clerk of any school district in the state, whether incorporated or operating under the general law of the state, for the use of the pupils in such district only; but no books ordered by the county superintendents, or clerks of district boards of trustees, or principals of state normal schools, shall be sold at a price exceeding the cost price at Sacramento, with the actual cost of freight and cartage added. SCHOOLS. 1159 4. Any retail dealer who sliall first transmit to the state superintendent of public instruction an affidavit, duly subscribed by him, in substance as follovvrs, to wit: "In consideration of receiving for sale, upon the inclosed or upon any future order, the series of school text-books, or any part thereof, published by the state of California, I hereby agree that I will not sell the same to any person or persons for the purpose of being sold again, or to any person or persons beyond the limits of the state of Cali- fornia; and that I will not sell said series of text-books or any part or portion thereof, at a price exceeding the price to the pupil fixed by the state board of education." Said affidavit shall be indorsed by the county superin- tendent in the following words, viz.: •'I hereby certify that (A B) is a regular retail dealer in school books in county. C D, county superintendent." It shall be the duty of the state superintendent of public instruction to furnish, at once to each county superintend- ent, for the use of any dealer in his county who may apply for permission to sell the books of the state series, printed copies of the above affidavit, together with the list of prices of such books fixed as the cost price at Sacramento, and the price to the pupil; and any dealer who shall fail to comply with the conditions of such affidavit shall forfeit his right to any further purchase of said books from the state. And it shall be the duty of the superintend- ent of public instruction to report to the state controller, on or before the fifth day of every month, the number of books sold by him during the preceding month, and pay the moneys received for the same into the state treasury. It shall also be the duty of the superintendent of state printing, on or before the fifth day of every month, to re- port to the state controller the number and value of the books shipped by him on the order of the state superin- tendent of public instruction, and the number and value of the finished books on hand. [Amendment approved March 15, 1887. Stats. 1887, p. 145. In effect immediately.] Duties of board of supervisors. Sec. 7. It shall be the duty of the boards of supervisors of the counties or cities and counties in this state to pro- vide a revolving fund, for the purpose of enabling the county school superintendents to purchase the state text- books; all moneys to be taken therefrom to be replaced by 1160 SCHOOLS. the moneys received from the sale of said books to the scholars of the public schools of his county, either by him- self or by the teachers of the public schools, or the clerks of boards of district trustees. [Amendment approved March 15, 1887. Stats. 1887, p. 146. In effect immedi- ately.] Appropriation for compilations. Sec. 8. The sum of tvv-enty thousand dollars is hereby appropriated, out of any money in the state treasury not otherwise appropriated, for the purpose of compiling, or causing to be compiled, the series of text-books for the common schools, as set forth in section one of this act. The appropriation provided for in this section shall be subject to the order of the state board of education; pro- vided, that all demands against said appropriation shall first be approved by said state board of education and presented to the state board of examiners in itemized form for their approval, and upon the approval of the state board of examiners, the controller is hereby author- ized to draw his warrant upon the state treasurer for the payment of said demands, and the state treasurer is au- thorized to pay the same. Appropriation for presses, type, etc. Sec. 9. The sum of one hundred and fifty thousand dol- lars is hereby appropriated out of any money in the state treasury not otherwise appropriated, to purchase the neces- sary machinery, presses, types, bindery, electrotyping ap- paratus, and such other material as may be required in the manufacture of the text books provided for in sec- tion one of this act, as well as to pay the salaries or wages of the compositors, binders, and other persons to be em- ployed in such manufacture; provided, that the state board of education shall first approve the style of print- ing, engravings, and illustrations, kind of paper,, size, and binding of volumes; said sum to be drawn by the super- intendent of state printing in the same manner as provided in subdivision four of section five hundred and twenty-six of the Political Code. Furnished at cost of printing. Sec. 10. All school books compiled by the state shall be furnished to the public school children of the state at the cost of printing, publishing, and distributing; the SCHOOLS. 1161 same; said cost to be ascertained and fixed by the state board of education, on or before the fifteenth day of June of each school year; and it is further enacted, that the cost of distribution siiall be talven to be the cost of postage required for mailing each book. [Amendment approved March 15, 1887. Stats. 1887, p. 146. In effect immediately.] Sec. 11. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 12. This act shall take effect immediately. Superintendent of public instruction to employ assistance. Sec. 4. The superintendent of public instruction is hereby authorized to employ assistance necessary to the carrying out of the provisions of this act. And the con- troller is hereby directed and authorized to draw his war- rants for a sum not exceeding two thousand dollars an- nually, on the general fund of the state, for the payment of such assistance. [Amendment approved March 15, 1887. Stats. 18S7, p. 146. In effect immediately.] The amendment added this new section at the end, but did not give it a new number. This number is the amendment section number. ACT 3564. An act to provide for the revision of certain books of the state series of school text-books, for the compilation of an additional book of said series, and for the con- tinued publication of the same; and to authorize and direct the use, for these purposes, of the money ac- cumulated in the state school book fund. [Approved March 9, 1893. Stats. 1893, p. 85.] Section 1. The state board of education is hereby au- thorized and directed to revise the following books of the state series of school text-books, viz.: The first, second, and third readers, the English grammar, the United States history, and the advanced arithmetic, and to compile a primary history of the United States; and in such revision and compilation may employ well-qualified persons to as- sist them; provided, that in revising said readers the board may cause them to be issued in a series of five books or less, in their discretion; and the board shall furnish to the superintendent of state printing designs for all cuts and engravings to be used in the books revised and compiled under the provisions of this section. 1162 SCHOOLS. Sec. 2. All indebtedness incurred by said board in car- rying out the provisions of section one of this act shall be paid out of the money accumulated in the state school book fund from the sale of the state series of school text- books; provided, that all demands on account of such in- debtedness shall first be approved by said state board of education, and presented to the state board of examiners, in itemized form, for their approval, and upon the ap- proval thereof by the state board of examiners the con- troller is hereby authorized to draw his warrant upon the state treasurer for the payment of said demands, and the state treasurer is authorized to pay the same; provided further, that the indebtedness incurred by said board in carrying out the provisions of section one of this act shall not exceed the sum of twenty-fiA'e thousand dollars ($25,000), which sum is hereby appropriated from the state school book fund for the use of the said board in the premises. Sec. 3. The state board of education shall secure copyrights to all the books that shall be revised or com- piled, as the case may be, under the provisions of this act, and shall protect said copyrights from all infringe- ment. Sec. 4. Whenever any one or more of the state series of school text-books shall have been revised or compiled, the state board of education shall issue an order requiring the uniform use of said book or books in the common schools of the state; but said order for the uniform use of said book or books shall not take effect till the expiration of at least one year from the time of the completion of the electrotype plates of said book or books. Nothing in this act shall be consti'ued to prevent any county, city, city and county, or school district from using any one or more of the state series of school text-books provided for in this act, whenever said book or books shall have been published. Sec. 5. The printing and binding of all text-books, spe- cified in section one of this act, and all the mechanical work connected therewith, shall be done by and under the supervision of the superintendent of state printing, at the state printing-office; provided, that the purchase of paper for the school bocks, and the binder's boards, cloths, and leather for covers, shall be procured by advertising for SCHOOLS. 11G3 proposals to furnish the same, in the manner now provided for by section five hundred and thirty-two of tlie Political Code, relating to paper supplies for the state printing- office. Sec. 6. Whenever the appropriations heretofore made from the general fund to the use of the superintendent of state printing for the manufacture of books of the state series of school text-books is exhausted, all indebted- ness incurred for the further manufacture of said books shall be paid from the state school book fund, together with all indebtedness incurred for the purchase and prop- er maintenance of such necessary machinery as may be required in the manufacture of said booiLS, and to purchase such type and other materials as may be required for the same; provided, that all demands on the state school book fund, for the purposes enumerated in this section, shall be presented to the state board of examiners, in itemized form, for their approval; and upon the approval of the state board of examiners, the controller is hereby authorized to draw his warrant upon the state treasurer for the payment of said demands, and the state treasurer is authorized to pay the same. Sec. 7. This act shall take effect immediately. ACT 3565. An act to provide for the levy and collection of taxes by and for school districts, except in municipal corpora- tions of the first class. [Approved February 14, 1891. Stats. 1891, p. 4.] Section 1. In all cases where the board of school trus- tees, board of school directors, board of education, or other governing board of any school district in this state, ex- cept in La] municipal corporation of the first class, has or may hereafter have pov/er to raise monej^ by taxation with- out a vote of the people of the school district, in addition to the funds provided by state and county for school or educational purposes, such money shall be raised and such taxes shall be levied and collected in the manner fol- lowing, to wit: The board of trustees, directors, or board of education shall, witnin the limits fixed by law, esti- mate the amount of money to be so raised by taxation, and required by their respective districts for school purposes during the year next ensuing, which year shall begin on 1164 SCHCOLfi, the first Monday of January, at twelve o'clock, M. Said meeting for such purpose shall be held between the first and twentieth day of September in each year; said esti- mate, showing the amount and for what purpose the same is to be used, shall be entered upon the records of the board making the same, and signed by a majority of said board, and attested by the clerk or secretary of said board. Said clerk or secretary shall immediately furnish to the board of supervisors of the county in which such district is situated a copy of said record containing such es- timate, which shall show the name of the district, the amount of money to be raised, and the purposes for which it is to be used. Sec. 2. The board of supervisors, upon receipt of such estimate, must, at the time of levying the county taxes, levy a tax upon all the taxable property in the school district requiring such money sufficient to raise the amount; the rate of taxation shall be ascertained by deducting fif- teen per cent for anticipated delinquencies from the ag- gregate assessed value of the property in the district as it appears on the assessment roll of the county, and then divide the amount to be raised by the remainder of said aggregate assessed value. The taxes so levied shall be computed and entered on the assessment roll by the county auditor, and collected at the same time and in the same manner as state and county taxes; and v,-hen col- lected, shall be paid into the county treasury for the use of the district for which said money was collected. The county treasurer shall, upon demand, paj' out such moneys to the district entitled thereto, in the same manner as other school moneys are paid out by such treasurer. Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed. The code commissioners say of this act : "Modified, perhaps repealed, by Political Code, sees. 1830 and 1836, as amended 1S93, 263." ACT 3566. To enable cities of the fifth class to issue bonds for the purchase of schoolhouse lots, for the building of schoolhouses and supplying the same. [Stats. 1891, p. 264.] Repealed 1893, 295. SCHOOLS. 1165 ACT 35Gr. An act to enable school districts, in cities of the fifth class, and school districts which embrace territory a portion of which is within and a portion of vvhich is without such cities of the fifth class, to issue bonds for the purpose of raising money to purchase school lots, and for building or purchasing one or more schoolhouses, and supplying the same with furniture, necessary ap- paratus, and improving the grounds, and for liquidat- ing any indebtedness already incurred for such pur- poses, and to repeal an act approved March 31, 1891, entitled "An act to enable cities of the fifth class to is- sue bonds for the purpose of raising money to pur- chase school lots and for building or purchasing one or more schoolhouses, and supplying the same with furniture, necesssary apparatus, and improving the groimds, and for liquidating any indebtedness already incurred for such purposes." [Approved March 23, 1893. Stats. 1893, p. 292.] Amended 1897, 103. Section 1. The board of education of any school district in a city of the fifth class, or of any school district which embraces territory, a portion of which is within and a portion of which is without such city of the fifth class, may, when in their judgment it is advisable, and must, when requested by the board of trustees of such city, call an election and submit to the electors of the district whether the bonds of such district shall be issued and sold for the purpose of raising money to purchase school lots, and for building or purchasing one or more schoolhouses, and supplying the same with furniture, necessary appara- tus, and improving the grounds, and for liquidating any in- debtedness already incurred for such purposes. [Amend- ment approved March 11, 1897. Stats. 1897, p. 103. In ef- fect immediately.] Sec. 2. Such election must be called by posting notices, signed by the board of education, in three of the most public places in the district, for not less than twenty days before the election, and by publishing such notices, in some newspaper published in such city, not less than once a week for three successive weeks. Sec. 3. Such notices must contain: 1166 SCHOOLS. 1. The time and place of holding such election. 2. The names of one inspector and two judges in each voting pi'ecinct in said district, to conduct the same. 3. The hours during the day, not less than six hours, in which the polls will be open. 4. The amount and denomination of the bonds, the rate of interest, and the number of years, not exceeding ten, the whole or any part of said bonds are to run. Sec. 4. Such election shall be held, in all respects as nearly as practicable, in conformity with the general elec- tion law; provided, that no particular form of ballot shall be required, excepting that the words to appear on the ballots, which shall be "Bonds — Yes," or "Bonds — No"; nor shall any informalities, not amounting to fraud, in con- ducting such election, invalidate the same. Sec. 5. On the seventh day after said election, at one o'clock, P. M., the returns having been made to the board of education, the board must meet and canvass said returns, and if it appears that tvvo thirds of the votes cast at said election were in favor of issuing such bonds, then the board shall cause an entry of that fact to be made upon its minutes, and shall certify to the board of super- visors of the county in which said district is located the proceedings had in the premises; and thereupon said board of supervisors shall be and they are hereby author- ized and directed to issue the bonds of such district to the number and amount provided in such pi'oceedings, pay- able out of the bond fund of such district (naming the same), and that the money shall be raised by taxation upon the taxable property in said district for the redemption of said bonds, and the payment of the interest thereon; provided, that the total amount of bonds so issued shall not exceed five per cent of the taxable property of the dis- trict as shown by the last equalized assessment of the property in such school district. Sec. 6. The board of supervisors, by an order entered upon its miniites, shall prescribe the form of said bonds, and of the interest coupons attached thereto, and must fix the time when the whole or any part of the principal of said bonds shall be payable, which shall not be more than ten years from the date thereof. Sec. 7. Said bonds must be payable In gold coin of the SCHOOLS. 1167 United States; must be signed by tlie president of tlie board of supervisors, and countersigned by the clerk of the county, who must afnx the county seal thereto; must not bear a greater rate of interest than eight per cent, said interest to be payable semi-annually in like gold coin; and said bonds must be sold in the manner prescribed by the board of supervisors, but for not less than par, in gold coin of the United States, and the proceeds of the sale thereof must be deposited in the county treasury to the credit of the building fund of said school district, and be drawn out for the purpose aforesaid as other school moneys are drawn out. Sec. 8. The board of supervisors, at the time of making the levy of taxes for county purposes, must levy a tax for that year upon the taxable property in such district for the interest and redemption of said bonds; and such tax must not be less than sufficient to pay the interest of said bonds for that year, and such portion of the principal as is to become due during such year, and in any event must be high enough to raise, annually, for the first half of the term said bonds have to run, a sufficient sum to pay the interest thereon, and during the balance of the term, high enough to pay such annual interest; and to pay, an- nually, a proportion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run; and all moneys so levied, when collected, shall be paid into the county treas- ury to the credit of the building fund of such district, and be used for the payment of principal and interest on said bonds, and for no other purpose. The principal and inter- est on said bonds shall be paid by the county treasurer, upon the warrant of the auditor, out of the fund provided therefor; and it shall be the duty of the auditor to can- cel and file with the treasurer the bonds and coupons as rapidly as they are paid. This section shall also apply to all cases where bonds were issued under the provisions of the aforesaid act, approved March 31, eighteen hun- dred and ninety-one, and in such cases all moneys collected under the provisions of this section shall be paid by the county treasurer, upon tne warrant of the auditor, to the city treasurer of the city where such bonds and the inter- est thereon are payable. Warrants for all such moneys 1168 SCHOOLS. shall be drawn by the auditor from time to time, upon the demand of such city treasurer. [Amendment^ approved March 11, 1897. Stats. 1897, p. 104. In effect immedi- ately.] Sec. 9. If the board of supervisors of any county in which any school district has issued bonds, under the pro- visions of this act or under the provisions of said act ap- proved March thirty-first, eighteen hundred and ninety-one, shall fail to make the levy necessary to pay such bonds or interest coupons at maturity, and the same shall have been presented to the county treasurer, and the payment thereof refused, the owner may file the bonds, together with all unpaid coupons, with the state controller, taking his receipt therefor, and the same shall be registered in the state controller's office; and the state board of equal- ization shall, at their next session, and at each annual equalization thereafter, add to the state tax to be levied in said district a sufficient rate to raise the amount of prin- cipal and interest past due prior to the next levy, and the same shall be levied and collected as a part of the state tax, and paid into the state treasury, and passed to the special credit of such district bond tax, and shall be paid by warrants, as the payments mature, to the holder of such registered obligations, as shown by the register in the office of the state controller, until the same shall be fully satisfied and discharged; any balance then re- maining shall be transmitted to the treasurer of the county in which is situated the district by which such bonds were issued, and shall be placed by the county treasurer to the credit of the general school fund of said district. [Amendment approved March 11, 1897. Stats. 1897, p. 104. In effect immediately.] Sec. 10. The act approved March thirty-first, eighteen hundred and ninety-one, entitled "An act to enable cities of the fifth class to issue bonds for the purpose of raising money to purchase school lots, and for building or pur- chasing one or more sclioolhouses, and supplying the same with furniture, necessary apparatus, and improving the grounds, and for liquidating any indebtedness already in- curred for such purposes," is hereby repealed. Sec. 11. This act shall take effect and be in force from and after its passage. SCHOOLS. 1169 ACT 3568. An act to provide for the change of name of school dis- tricts and the manner of making such change. [Approved March 16, 1903. Stats. 1903, p. 163.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever a petition shall be presented to the board of supervisors, signed by at least fifteen quali- fied electors of said district, asking that the name of any school district be changed, the said board of supervisors shall designate a day upon which they will act upon such, petition, which day must not be less than ten days nor more than forty days after the receipt thereof. The clerk of the said board of supervisors must give notice to all parties interested, by sending by registered mail to each of the trustees of such school district, a notice of the time set for the hearing of said petition, which notice must be mailed at least ten days before the day set for hearing, whereupon the board shall by resolution either grant or deny the petition, and if granted, the clerk shall notify the county superintendent of the change of the name of said district. Sec. 2. This act shall take effect immediately. ACT 3569. An act to provide for the appointment and salary of a clerk in the ofiice of the superintendent of public in- struction, and to make an appropriation therefor. [Approved March 27, 1895. Stats. 1895, p. 238.] Section 1. The superintendent of public instruction may appoint an additional clerk, who shall be a stenographer, at a salary of twelve hundred dollai's per year, payable in the same manner as the salaries of other civil officers of the state are paid. Sec. 2. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of twenty-four hundred dollars, for the payment of said clerk's salary for the forty-seventh and forty-eighth fiscal years, commencing July first, eighteen hundred and ninety- five. Sec. 3. This act shall take effect immediately 1170 SCHOOLS. ACT 3570. An act to create and administer a public school teachers' annuity and retirement fund in the several counties, and cities and counties of the state. [Approved March 26, 1895. Stats. 1895, p. 170.] Amended 1897, 225; 1901, 676; 1903, 271. Section 1. The superintendent of public schools, or in consolidated cities and counties, the superintendent of common schools, the county treasurer, or in consolidated cities and counties, the city and county treasurer, and the chairman of the board of supervisors, or in consolidated cities and counties, the mayor, of each county, or con- solidated city and county, and their successors in office, p.re hereby constituted a board of trustees of the public- school teachers' annuity and retirement fund, to manage the same as hereinafter directed; said board shall be known as the public school teachers' retirement fund com- missioners, and its members shall serve without extra compensation, and shall be liable on their official bonds for the performance of the duties imposed by this act. It shall be the duty of the district attorney of every county, or the city and county attorney of every consolidated city and county, to attend to all suits, matters, and things in which the said board of commissioners may be legally in- terested, and to give his advice or opinion, in writing, whenever required by said board. [Amsndment approved March 29, 1897. Stats. 1897, p. 225. In effect immediately.] Sec. 2. The public school teachers' retirement fund commissioners shall organize as such board by choosing one of their number as chairman, and one as secretary. The county treasurer, or in consolidated cities and coun- ties, the city and county treasurer, shall be ex-officio treasurer of said retirement fund. Said board shall hold quarterly meetings on the third Saturday in January, April, July, and October of each year, at the office of the county superintendent of public schools, or, in consolidated cities and counties, at the office of the superintendent of common schools. It shall biennially, at its meeting in January, select from its members a chairman and a secretarj'. A majority of its members shall constitute a quorum for the transaction of business. It shall report annually to the board of supervisors of the county, or consolidated city SCHOOLS. 1171 and county, the condition of said retirement fund, and the receipts and disbursements on account of the same, with a full and complete list of the beneficiaries of said fund, and the amounts paid to each of them. [Amendment ap- proved March 29, 1897. Stats. 1897, p. 225. In effect immediately.] Old section 3 amended and renumbered section 8. Sec. 3. baid board of public school teachers' retirement fund commissioners shall issue warrants, signed by its chairman and secretary, to the persons entitled thereto, for the amounts of money ordered paid to such persons from said fund by said beard, stating therein for what pur- pose such payment is made, and the treasurer shall pay such warrants on presentation. Said board shall keep a record of all its proceedings, and said record shall be open to public inspection. It shall, at each quarterly meet- ing, make a list of all persons, if any, entitled to payment out of the funds provided by this act, and enter said list in a book to be kept by them for that purpose, to be knov/n as the public school teachers' annuity and re- tirement fund book, which list shall be sworn to as correct by the chairman and the secretary of said board, and which shall be open to public inspection. [New section approved March 29, 1897. Stats. 1897, p. 226. In effect immediately.] Sec. 4. In addition to the powers hereinbefore granted to said board, it shall have the power, (1) to provide for the payment of its necessary expenses, such as printing, stationery, and postage stamps; and where the number of those subject to the burdens of this act is greater than one hundred, it may employ a clerk at a salary not to exceed fifty (50) dollars per annum; and (2) to make such need- ful rules and regulations for the transaction of its business, from time to time, as may be necessary; the said expenses and the said clerk's salary shall be paid from the annuity fund in such counties or consolidated cities and counties, wherein there shall be "annuity funds," but, wherever there shall be no "annuity fund," the said expenses shall be paid from the "distribution fimd," and the said salary from the reserve fund. [Amendment approved March 20, 1903. Stats. 1903, 271. In effect immediately.] Sec. 5. Those subject to the burdens of this act in each county, or in each consolidated city and county, at a meeting called for the purpose by the superintendent of 1172 SCHOOLS. public schools of such county or of such city and county, on the first Saturday in May following the creation of the fund hereinafter specified, shall elect by ballot five of their number, who shall constitute a committee on retirement; the members of said committee shall, immediately after their election, classify themselves by lot so that one shall serve for one year, two serve for two years, and two shall serve for three years; and, annually, at a meeting to be called in the same manner on the first Saturday in May of each year after the first meeting, the successor or suc- cessors ci the member or members of said committee whose term of oflBce is about to expire, shall be elected for a term of three years; provided, however, that said committee shall always consist of at least one class teacher from some primary school, one from some grammar school, and one from some high school in the county, or consolidated city and county, whenever such election is possible. In the event of a vacancy, the superintendent of schools shall appoint until the next annual election. Within fifteen days after the taking effect of this amend- atory act, the contributors to said fund in any county, or consolidated city and county, in this state, at a meeting called for that purpose, by the superintendent of public schools of such county, or consolidated city and county, (or if he neglects or refuses to call such meeting, theu such meeting may be called by ten of such contributors,) may select and designate by resolution adopted by a ma- jority vote of those present, which of the two alternatives presented in section 8 class two, in section 8 class six, in section 8 class seven, and in section 11, respectively, shall be followed in such county or consolidated city and county. In the event that no such meeting is called or held for the purpose of making such selection and designation, the said contributors in such county, or consolidated city and county, wherein no such meeting shall be held, will be deemed to have selected the first (marked subdivision "A") of each of the above mentioned alternatives. In counties and consolidated cities and counties where a public school teachers' annuity and retirement fund shall be hereafter created the said selection and designation shall be made at the said meeting to be held on the first Saturday in May following the creation of said fund. After any selection and designation shall have been made, pur- SCHOOLS. 1173 suant to this section, no change shall ever be made there- after in that connection. A certified copy of all resolutions adopted pursuant to this section shall be furnished by said meeting of said contributors to the board of public school teachers' retirement fund commissioners of such county or consolidated city and county. [Amendment ap- proved March 20, 1903. Stats. 1903, p. 271. In effect im- mediately.] Old section 6 amended and renumbered 10. Sec. 6. The board of education of any incorporated city or town, and the board of trustees of any school districts outside of said city or town, shall refer all applications for retirement to said committee on retirement, or may, of its own motion, submit the name of any person or persons, whom it desires to have retired, to the said committee on retirement, and it shall thereupon be the duty of said com- mittee to investigate the case and report to said board of education or board of trustees, whether or not said teacher should be retired, and the annuity to which said teacher is entitled, if entitled to any. At least three members of the said committee must concur in the report, if it be in favor of granting said annuity. This report of said committee shall be final. Said board of education, or board of trus- tees, shall thereupon certify and send this report to the public school teachers' retirement fund commissioners, who shall be bound by its decision. [New section approved March 29, 1897. Stats. 1897, p. 227. In effect immediately.] Old section 7 amended and renumbered 12. Sec. 7. In addition to the powers heretofore granted to said committee on retirement, it shall have the power (1) to subpcena and compel witnesses to attend and testify before it on all matters relating to the operation of this act, and any member of said committee raav administer an oath or affirmation to such witness in the form pre- scribed in courts of justice; (2) to mai^e sucu rules and regulations for the transaction of its business as may from time to time be necessary. [New section approved March 29, 1897. Stats. 1897, p. 227. In effect immediately.] Old section 8 amended and renumbered 13. Sec. 8. Any public school teacher or any occupant of one of the offices mentioned in subdivision four of sec- tion twelve of this act, who has been a contributor under 1174 SCHOOLS. the provisions of this act, and who has ceased teaching, for a time, or has ceased to occupy such office, may again become a contributor upon returning to teaching in the public schools of this state, or upon becoming an occupant of any one of the olSces mentioned in said subdivision four of section twelve, and shall thereupon be credited with his said previous service and contribution; provided, that no person shall be a contributor to a public school teachers' annuity and retirement fund under this act who does not hold a valid certificate or diploma to teach in the public schools of this state. The annuitants under this act are classed as follows: Annuitants. Class One. Any teacher who shall have served in the public schools of this state for thirty years as a teacher, and who shall have been subject to the burdens imposed by this act for thirty years, shall be entitled to retire under the provisions of this act. Any teacher who has served in the public schools of this state, and who has served in one or more of the ofSces mentioned in said subdivision four of section twelve, and the aggregate period of whose service in the said public schools and in said ofQce or ofHces shall be thirty years, and who shall have been subject to the burdens imposed by this act during said thirty years, shall be entitled to retire under the provisions of this act; provided, however, such teacher shall have held a valid certificate or diploma to teach in the public schools of this state during all of said period. Annuitants of class one shall be entitled to receive from the said public school teachers' annuity and retirement fund the sum of thirty (30) dollars per month in counties, and fifty (50) dollars per month in consolidated cities and counties, payable quarterly. Glass Two. Any teacher who shall have served in the public schools of this state for thirty years, and who was unable to contribute to said public school teachers' an- nuity and retirement fund for thirty years, by reason of the non-establishment or non-existence of said fund, and any teacher who shall have served in the public schools of this state, and who shall have served in one or more of the offices mentioned in said subdivision four of section twelve, and the aggregate period of whose service in the said SCHOOLS. 11T5 public schools, and in said office or offices, is thirty years, and who has held a valid certificate or diploma to teach in the public schools of this state during all of said period, and who was unable to contribute to said fund for thirty 3'ears by reason of the non-establishment or non-existence of said fund, shall be retired upon application to the said board under either subdivision A or subdivision B, hereof, as the contributors to said fund in such county, or con- solidated city and county, shall have selected to follow, as provided in section five of this act. A. Such applicant upon retirement shall receive from the public school teachers' annuity and retirement fund the sum of thirty (30) dollars per month in counties, and fifty (50) dollars per month in consolidated cities and counties, payable quarterly; provided, that such appli- cant for retirement is, at the date of the taking effect of this amendatory act, a contributor to the public school teachers' annuity and retirement fund in the county or con- solidated city and county, where he is teaching or hold- ing such ofiice, or becomes a contributor thereto within ninety (90) days after he becomes such teac-her or such office-holder, and siiail have paid into the said fund, at the time of such retirement, a sum aggregating what he would have paid into said fund in thirty (30) years, had he been a contributor thereto for that period; provided, further, that annuities under this class shall not begin until five (5) years after the retired teacher became a contributor. B. Such applicant upon retirement shall receive from the public school teachers' annuity and retirement fund tlie sum of five (5) dollars per month, payable quarterly, for every two and one half (2%) years (or fraction thereof equal to or greater than one half of two and one half years) such teacher or office-holder shall have contributed to said fund, until the maximum annuity of thirty (30) dollars per month in counties and fifty (50) dollars per month in consolidated cities and counties shall have been reached; provided, that such applicant for retire- ment is, at the date of the taking effect of this amenda- tory act, a contributor to the public school teachers' an- nuity and retirement fund in the county, or consolidated city and counts^ where he is teaching or holding such of- fice, or becomes a contributor within ninety (90) days after 1176 SCHOOLS. the taking effect of this amendatory act, or becomes a con- tributor thereto within ninety (SO) days after he becomes such teacher or such ofSce-holder. No person shall be retired under this subdivision unless he shall have paid into said fund, at the time of such re- tirement, a sum aggregating what he would have paid into said fund in thirty (20) years had he been a contributor thereto for that period. No teacher or office-holder shall be retired until he has been a contributor to the fund for five (5) years. Class Three. Any public school teacher who shall have served for thirty years, twenty-tive of which shall have been in the public schools of this state, or partly in the public schools of this state and partly in one or more of the offices mentioned in said subdivision four of section twelve, and who shall have been subject to the burdens imposed by this act for tvventy-five years, shall receive upon retirement after thirty years of such service, the sum of thirty (30) dollars per month in counties, and fifty (50) dollars per month in consolidated cities and counties, payable quarterly; provided, he shall have paid into the said fund, at the time of such retirement, a sum aggre- gating what he would have paid into said fund in thirty (30) years, had he been a contributor thereto for that period. Class Four. Any public school teacher or any officer mentioned in said subdivision four of section twelve, sub- ject to the burdens of this act, who shall remove to another county in this state, may continue to be a contributor to the public school teachers' annuity and retirement fund in the county, or in the consolidated city and county, from which he removed, so long as he continues to be a public school teacher or the occupant of one of said offices; and it is hereby made the duty of the county treasurer of the county, or consolidated city and county, wherein such teacher or officer agreed to become subject to the burdens of this act, to receive such contributions of such non-resi- dents, and to place such contributions to the credit of the public school teachers' annuity and retirement fund. Class Five. Any teacher who ceases to serve in the public schools of any county, or of any consolidated city and county, or who ceases to serve in one of the offices SCHOOLS. 1177 mentioned in said subdivision four of section twelve, in the county or consolidated city and county, where he has been subject to the burdens imposed by this act, and who shall have served in the public schools of this state for thirty (30) years, or who shall have served partly in the public schools of this state and partly in one or more of the offices mentioned in said subdivision four of section twelve, for an aggregate period of thirty (30) years, shall be en- titled to retire, and to receive from the public school teachers' annuity and retirement fund of the county, or con- solidated city and county, to v/hich he has contributed for at least five (5) years, an annuity equal to such proportion, of the maximum annuity granted under this act as the time he has been subject to the burdens imposed by this act in such county, or consolidated city and county, bears to the period of thirty years. Class Six. Contributors to said public school teachers' annuity and retirement fund retiring under this class, shall be retired either under subdivision A, or subdivision B hereof, as the contributors to said fund in such county, or consolidated city and county, shall have selected to follow, as provided in section five of this act. A. If any teacher, or any ofiice-holder mentioned in said subdivision four of section twelve, after the expiration of fifteen (15) years, and before the expiration of thirty (30) years, of service in the public schools of this state, or of service partly in the said public schools and partly in one or more of the offices mentioned in said subdivision four of section twelve, shall be compelled, by reason of in- capacity, to retire from public school service, or from one of the offices mentioned in said subdivision four of section twelve, while holding a valid certificate or diploma to teach in the public schools of this state, such retiring teach- er, or office-holder, if a contributor to the said fund at the time of retirement, shall be entitled to receive, from the public school teachers' annuity and retirement fund, as many thirtieths (30ths) of the full annuity as he has had years of said service, by paying into the public school teachers' annuity and retirement fund the contributions to said fund corresponding to those years of service rendered at a time when, or in a place where, it was impossible to make such contributions by reason of the non-existence of a public school teachers' annuity and retirement fund; Gen. Laws— 50 1178 SCHOOLS. provided, that he shall have contributed to the said fund for five years before he becomes an annuitant. B. If anj"- teacher or any oflace-holder mentioned in said subdivision four of section twelve, after the expira- tion of five years, and before the expiration of thirty years of service in the public schools of this state, or of ser- vice partly in the said public schools and partly in one or more of the offices mentioned in said subdivision four of section twelve, shall be compelled by reason of inca- pacity, to retire from public school service, or from one of the offices mentioned in said subdivision four of section twelve, while holding a valid certificate or diploma to teach in the public schools of this state, such retiring teacher or office-holder, if a contributor to the said fund at the time of retirement, shall be entitled to receive from the public school teachers' annuity and retirement fund a sum in dollars equal to such proportion of the maxi- mum annuity granted under this act as the time he shall have been subject to the burdens of this act bears to the period of thirty years; provided, however, that those who have served in the public schools of this state, or partly In the said public schools and partly In one or more of the offices mentioned in said subdivision four of section twelve, at a time when, or in a place v/here, it was impossible to make contributions to said fund, by reason of the non- existence of said fund, maj' receive in addition to the pro- portion of the maximum annuity last hereinabove speci- fied, such an additional proportion of the full annuity as the number of years of said service, while not bur- dened with the provisions of this act, bears to thirty years; provided, further, that they shall have paid into the said fund, at the time of their retirement, an amount equal to what they would nave paid into said fund had they been subject "to the burdens imposed by this act for the full time of said service, not to exceed thirty years; and provided, further, that no person retired under this sub- division B shall ever receive a greater annuity than he would have received had he retired on account of years of service; and provided, further, that he shall have con- tributed to the said fund for five years before he becomes an annuitant. Class Seven. Contributors to said public school teach- ers' annuity and retirement fund, retiring under this class, SCHOOLS. 1179 shall be retired tinder either subdivision A, or under sub- division B, hereof, as the said contributors to said fund in, such county, or consolidated city and county, shall have selected to follow, as provided in section five of this act. A. Any public school teacher who shall have been sub- ject to the burdens imposed by this act, for a period of at least five years, and who shall have served in the pub- lic schools of this state for a period of fifteen (15) years, or partly in the said public schools and partly in one or more of the offices mentioned in said subdivision four of section twelve, for a period of fifteen years, and who has held a valid certificate or diploma to teach in the schools of this state during all said period, and who shall have been declared incapacitated, by the committee on retire- ment, to perform the duties of a public school teacher, or the duties of the office which he may be occupying, if he should be occupying one of the ofllces mentioned in said subdivision four of section twelve, shall be entitled to retire and to receive an annuity from the public school teachers' annuity and retirement fund, equal to such pro- portion of the maximum annuity granted under this act as the time he has been subject to the burdens imposed by this act bears to the period of thirty years. B. Any public school teacher who shall have been sub- ject to the burdens imposed by this act for a period of five years (5), and who shall have served in the public schools of this state for a period of five (5) years, or partly in the said public schools and partly in one or more of the offices mentioned in said subdivision four of section twelve, for a period of five years, and who has held a valid cer- tificate to teach in the schools of this state during said period, and who shall have been declared incapacitated by the committee on retirement, to perform the duties of a public school teacher, or the duties of the ofiice which he may be occupying, if he should be occupying one of the offices mentioned in said subdivision four of section twelve, shall be entitled to retire, if a contributor to the fund at the time of retirement, and to receive an annuity, from the public school tpachers' annuity and retirement fund a sum in dollars equal to such proportion of the maximum annuity granted under this act, as the time he shall have been subject to the burdens imposed by this act bears to the period of thirty years. 1180 SCHOOLS. Class Eight. Teachers of public evening schools receiv- ing a salary of fifty (50) dollars or less per month, shall be subject to one half of the burdens, and shall be entitled to one half of the benefits, of this act; provided, that any public school teacher who is employed both in a day and an evening school shall be considered for the purposes of this act to be employed in a day school only; provided, further, than an evening public school teacher, who at any time before retirement under the provisions of this act shall become a day public school teacher, or an occupant of one of the offices mentioned in said subdivision four of section twelve, shall upon retirement as a day public school teach- er, or as one of said officers, be credited with half time for his said evening school service, under the class in which he may be retired. High School and Other Public School Teachers. High school and other public school teachers in counties, or in consolidated cities and counties, in which the act of which this act is amendatory has been in force, who were xmable by reason of any imperfection in the terms of said act, to become contributors, shall be allowed, upon ad- mission under the terms of this act, and upon the payment of the amounts they would have paid had they been con- tributors, to date the time of their admission from the time of the organization of the public school teachers' annuity and retirement fund in their county or consolidated city and county. City treasurers are hereby directed to pay into the public school teachers' annuity and retire- ment fund of their respective counties the contributions of teachers and officers, whose salaries are paid by, or through, city treasurers, in the same manner as provided in the act of which this act is amendatory, to be paid by the treasurer of a county, or consolidated city and county. Compliance with these provisions shall render any pub- lic high school or other public school teacher eligible to the benefits provided in any one of the eight classes of annuitants in this act created to which such teacher may be qualified. Suspension of Annuities. Any and all annuities shall be suspended if the recip- ient returns to the profession of teaching or becomes the occupant of one of the said offices mentioned in subdivision gCHOOLS. 1181 four of section twelve. Any annuity less than two thirds of the maximum annuity shall cease at the expiration of one year from the time at which the committee on retire- ment, constituted in section five of this act, shall decide that the recipient has been restored to the capacity of per- forming the duties of a public school teacher. All teachers now employed in the public schools of this state who filed the notice specified in the act of which this act is amendatory, within ninety days after the passage of this amendatory act in counties or in consolidated cities and counties where the provisions of any act or acts to which this act is amendatory are now applicable, and all other public school teachers in other counties or consoli- dated city and county who become contributors within ninety days after the establishment of a public school teachers' annuity and retirement fund therein and who shall have paid at the time of retirement an amount equal to what they would have paid had they been subject to the burdens imposed by the provisions of this act for thirty (30) years, shall not suffer any reduction of annuities; provided, however, that the provisions of this paragraph shall not apply to counties or consolidated cities and coun- ties in which the contributors to said fund shall select to be governed by the provisions of subdivision B of classes two, six and seven respectively of section eight, and sub- division B of section eleven, as provided in section five. [Amendment approved March 20, 1903, Stats. 1903, p. 272. In effect immediately.] Sec. 9. If at the end of any quarter year there shall not be a sufiicient amount of money in the "annuity fund," or in the "distribution fund," as the case may be, to pay all warrants and demands of annuitants in full, then the money in that fund shall be divided pro rata among them, and the sum received by each annuitant shall be in full discharge of all claims against said fund to that date. [Amendment approved March 20, 1903. Stats. 1903, p. 278. In effect immediately.] Sec. 10. The public school teachers' annuity and retire- ment fund herein provided for, shall consist of the follow- ing, with the income and interest thereof: (1) Twelve (12) dollars per school year, of the salaries paid to all those subject to the burdens imposed by this act, in each county or consolidated city and county, shall be deducted from 1182 SCHOOLS. the warrants for salary, and paid by the treasurer of the county, or consolidated city and county, to the public school teachers' retirement fund commissioners of said county, or consolidateu city and county; and it shall be the duty of the secretary of the board of education in every incorporated city or town, or consolidated city and county, and the clerk of the board of trustees of every public school district outside of such city or town, or consolidated city and county, to note on each warrant the amount to be so deducted therefrom by the treasurer, and if classiiied, the class under this act to which the teacher belongs. (II) All moneys received from gifts, bequests and devises, or from any other source. (Ill) All moneys, pay, compensa- tion, or salary forfeited, deducted or withheld from the war- rant or demand for salary of any teacher or teachers for and on account of absence from duty from any cause, which the board of education of every incorporated city or town, or the board of trustees of every school district outside of such city or town, may appropriate and set apart for the aforesaid fund; and said board of education or board of trustees, are hereby empowered to appropriate such moneys, or any part thereof, for such fund; provided, that in consolidated cities and counties, after the establishment of an annuity fund therein, it is hereby made the duty of the boards of education to appropriate, monthly, at least one half of such moneys for such fund. [Amend- ment approved March 20, 1803. Stats. 1903, p. 278. In effect immediately.] Sec. 11. The said public school teachers' annuity and re- tirement fund shall be divided either as designated in sub- division A hereof, or as designated in subdivision B here- of, as the said contributors to said fund in such county, or consolidated city and county, shall have selected to fol- low pursuant to the provisions of section five (5) hereof. A. The said public school teachers' annuity and re- tirement fund in each county or consolidated city and county, shall be divided into two distinct funds, or ac- counts, (1) the permanent fund, and (2) the annuity fund. (1) The permanent fund. (a) The permanent fund shall consist of: (I) Twenty- five per cent of all contributions from those affected by this act; (II) Twenty-five per cent of all gifts, bequests, or devises, unless otherwise ordered by the donor or the tes- SCHOOLS. 1183 tator; (III) Twenty-five per cent of all moneys deducted from the salaries of teachers because of absence from duty. (b) When the permanent fund shall amount to the sum of fifty thousand (50,000) dollars, then all moneys thereafter received shall go into the annuity fund, except such gifts, devises, or bequests as may be specially directed by its donor or testator to be placed in the permanent fund. (c) It shall be the duty of the public school teachers' retirement fund commissioners to invest the aforesaid permanent fund in interest-bearing bonds issued by the federal, state, county, city and county, or municipal gov- ernments, and to apply the interest thereon as herein directed. (2) The annuity fund. (a) The annuity fund shall consist of: (I) The income derived from the permanent fund; (II) All other moneys belonging to the public school teachers' annuity and retire- ment fund, not hereinbefore directed to be placed in the permanent fund; (III) All moneys in the fund provided for in the act to which this is amendatory. (b) The annuity fund shall be the only one from which annuitants shall be paid. (c) If at the end of any fiscal year there remain any surplus in the annuity fund, said surplus shall be deposited by the public school teachers' retirement fund commis- sioners in any savings bank, or savings banks, designated by them. B. The said public school teachers' annuity and retire- ment fund, in each county, or consolidated city and county, shall be divided into two distinct funds or accounts, (1) the reserve fund and (2) the distribution fund. (1) The reserve fund. The reserve fund shall consist of: (a) All moneys collected from the unclassified contrib- utors for the first five years after the creation of said fund. (b) Sixty (60) per cent of all moneys collected from the unclassified contributors for the second five years after the creation of the fund. (c) Fifty (50) per cent of all moneys collected from unclassified contributors for the third five years after the creation of the fund. 1184 SCHOOLS. (d) Thirty (30) per cent of all moneys collected from the unclassiiied contributors for the fourth five years after the creation of the fund. (e) One hundred per cent of all collections from the classified contributors during the first period of their classification, as hereinafter classified. (f) Ninety per cent of all collections from the classi- fied contributors during the second period of their classi- fication, as hereinafter classified. (g) Eighty per cent of all collections from the classi- fied contributors during the third period of their classifi- cation, as hereinafter classified. (h) Seventy per cent of all collections from the classi- fied contributors during the fourth period of their classifi- cation, as hereinafter classified. (i) All collections from sources other than said col- lections from contributors; all donations, and all interest accrued on such reserve fund for a period of twenty years from the creation of said fund. It shall be the duty of the public school teachers' retire- ment fund commissioners to place the reserve fund at in- terest, monthly, in a savings bank selected by the said commissioners. All original contributors to a public school teachers' annuity and retirement fund in any county or consolidated city and county, and all those who became contributors thereto within the first five years after the creation of said fund shall be known as unclassified con- tributors. All who become contributors during the first decade after the fund shall have been in existence for five years shall be known as class A, and those who become con- tributors to said fund during each decade thereafter shall be known as classes B, C, D, respectively; each of said classes shall exist for four periods, the first three being for ten years each and the fourth for five years. When the term for which any class has been formed shall have elapsed, all contributors to such classes who continue to contribute, shall be considered as unclassified. (2) The distribution fund. The distribution fund shall not be formed in any county or consolidated city and county, until the said public school teachers' annuity and retirement fund shall have been in existence for five years. It shall then consist of SCHOOLS. 1185 (a) The income not hereinbefore set aside and de- clared a part of the reserve fund. (b) After the said fund shall have been in existence for twenty years, in addition to the income not heretofore set aside for the reserve fund, there shall be transferred quar- terly, during the next five years, from the reserve fund to the distribution fund, sixty (60) dollars; provided, that the earnings of the reserve fund for that period shall be equal to, or shall exceed, two hundred and forty (240) dol- lars per annum. If the earnings of the resei've fund shall not equal two hundred and forty (240) dollars per annum, the amount transferreu quarterly from the reserve fund to the distribution fund shall be equal to the quarterly interest of the reserve fund. (c) After the said fund shall have been iu existence for twenty-five (25) years, the distribution fund shall consist of the income not heretofore set aside for the reserve fund, and one hundred and sixty (160) dollars to be transferred quarterly, during the next five years from the reserve fund to the distribution fund; pi'ovided, however, that this amount does not exceed the quarterly earnings of the reserve fund for that period. Should the one hundred and sixty (160.00) dollars exceed the said quarterly earnings, then an amount equal to the quarterly earnings of the re- serve fund shall be so transferred. (d) After the said fund shall have been in existence for thirty years the distribution fund shall consist of the in- come not heretofore set aside for the reserve fund and all of the interest of the reserve fund during the next five years. And should the aforesaid fail to give sufficient funds to pay half of the annuities due, then there shall be transferred quarterly from the reserve fund, over and above the earnings of the reserve fund, thirty (30) dol- lars per quarter. (e) After the said fund shall have been in existence for thirty-five years, the distribution fund shall consist of the income not heretofore set aside for the reserve fund. Also the interest on the reserve fund, distributed quarterly during the next five years, and should this not be suffi- cient to pay half of the annuity due, then there shall be transferred from the reserve fund, in addition to the in- terest, sixty (60) dollars quarterly. (f) After the said fund shall have been in existence for 1186 SCHOOLS. forty years, the distribution fund shall consist of the in- come not heretofore set aside for the reserve fund, the interest on the reserv^e fund distributed quarterly, and a sum taken from the reserve fund in addition thereto, equal to twelve times the increase in contributors [ions] to the said public school teachers' annuity and retirement fund for the preceding year; that is, if the said contributors increase by 20 during the year 1934, then during the year 1935 there shall be taken from the reserve fund, in addition to the interest, two hundred and forty (240.00) dollars per annum. All disbursements shall be from the distribution fund, except as otherwise provided in section four. [Amend- ment approved March 20, 1903. Stats. 1903, p. 279. In effect immediately.] Sec. 12. This act shall be binding upon such public school teachers, and such officers mentioned in said sub- division four of section twelve as shall sign and deliver to the public school teachers' retirement fund commis- sioners, and to the secretary of the board of education of the incorporated city or town, or consolidated city and county, or to the clerk of the board of trustees of the school district in which they are employed, a notice in substantially the following form: 19 . To the Public School Teachers' Retirement Fund Com- missioners, of county (or city and county) : You are hereby notified that I agree to be bound by, and desire to avail myself oi the provisions of the act of the legislature of the state of California, approved March 29th, eighteen hundred and ninety-seven, entitled "An act to amend an act approved March twenty-sixth, eighteen hun- dred and ninety-five, entitled 'An act to create and ad- minister a public school teachers' annuity and retirement fund in the several counties, and cities and counties in the state,' " as amended March 23, 1901, and • , 1903. Signed provided, that at least thirty public school teachers within the county, or consolidated city and county, shall file the notice hereinbefore set forth; provided, further, that in all counties, or in consolidated cities and counties, where there is a less number of teachers than thirty, this act SCHOOLS. 1187 shall be binding on all those who so signify their intention of being bound thereby. (2) In consolidated cities and counties it shall be bind- ing upon all teachers elected or appointed to teach in the public schools of such consolidated cities and counties after the passage of this act. (3) Annuities hei-etofore granted under the provis- ions of the act of which this act is amendatory shall be continued for the same amount as heretofore paid, subject, however, to the conditions imposed by sections nine (9) and eleven (11) of this act. (4) Any county, consolidated city and county, or city superintendent of schools of this state, and any deputy su- perintendent of schools for any county, consolidated city and county, or city of this state, and any person engaged in any other educational work, required by law to have the qualifications of a teacher in the public schools of this state, may avail himself of the provisions of this act; and wherever the word "teacher" is used in this act it shall be deemed to include such officer or officers. [Amend- ment approved March 20, 1903. Stats. 1903, p. 282. In effect immediately.] Sec. 13. Every public officer who shall issue, or receive in his official capacity, any warrant, or who shall receive or pay out any money, in any manner connected with, pursuant to, or dependent upon, the provisions of this act, shall keep a full, accurate and public record of all his transactions appertaining to the same. [Amendment approved March 20, 1903. Stats. 1903, p. 283. In effect immediately.] Sec. 14. This act shall take effect and be in force from and after its passage. [Amendment approved March 29, 1897. Stats. 1897, p. 231. In effect immediately.] ACT 3571. An act authorizing any teacher or public officer who is now a contributor to a public school teachers' annuity and retirement fund in any county, or consolidated city and county, of this state, where there are no annui- tants drawing annuities from the said fund of such county, or consolidated city and county, to cease to be a contributor to such fund within sixty days from the taking effect of this act, and to have returned to him IISS SCHOOLS. the amount contributed by him thereto, or such part thereof as may be available for that purpose. [Approved March 13, 1903. Stats. 1903, p. 131.] The people of the state of California, representeu In senate and assembly, do enact as follows: Section 1. Within sixty days after the taking effect of this act, any teacher or public oflBcer who is now a con- tributor to a public school teachers' annuity and retire- ment fund in any county or consolidated city and county in this state, created under the provisions of an act ap- proved March 29, 1897, entitled "An act to amend an act approved March 26, 1895, entitled 'An act to create and ad- minister a public school teachers' annuity and retirement fund in the several counties, and cities and counties in the state,' " as amended, may withdraw from such organization by complying with the provisions of this act; provided, however, that the provisions of this act shall not apply to any county or consolidated city and county, where there are, at the time of the taking effect of tnis act, any an- nuitants drawing annuities from the said fund of such county, or consolidated city and county. Sec. 2. And such teacher, or public officer, desiring to avail himself of the provisions of this act, shall within sixty (60) days after the taking effect of this act, sign and file with the board of public school teachers' retirement fund commissioners of the county, or consolidated city and county, where such teacher or public officer is then a contributor, a notice in writing to the effect that such teacher or public officer, thereby withdraws from the said organization, and snail at the same time sign and file with the clerk, secretary, officer, or board, whose duty it is to issue the salary warrants of such teacher or public officer, a notice similar in substance to the said notice filed with the said board of commissioners. Sec. 3. The said board of commissioners, shall, at its next regular meeting after the expiration of said sixty (60) days, pass a resolution directing that all money contrib- uted to said public school teachers' annuity and retire- ment fund by such teachers or public officers so withdraw- ing, shall be immediately returned to such teachers or public officers. If the amount in the fund of said organiza- tion, after the payment of all legal demands, shall be SCHOOLS. 1189 insufScient to pay each withdrawal the full amount con- tributed by him, then the said board shall compute the pro rata amount that shall be paid to each, the same to be in proportion to their respective contributions, and shall spe- cify in said resolution the amount to be returned to each. Sec. 4. The president and secretary of said board shall thereupon issue warrants to the persons entitled thereto, in such amounts as shall have been so computed and spe- cified by said board, and the treasurer of said fund shall pay the same to the person named in each respective war- rant, or to his heirs or assigns. Sec. 5. From and after filing the notices, specified in section two hereof, each teacher or public ofiicer giving such notices shall be relieved from all burdens and lia- bilities imposed by the said act designated in section one hereof. Sec. 6. The clerk, secretary, ofiicer, or board, whose duty it is to issue the salary warrants of such teachers or public officers, shall, from and after the filing of the said notice v/ith him or it, cease to note on the salary war- rant of such teacher or public ofiicer any amount to be de- ducted therefrom by the treasurer on account of said tund. Sec. 7. This act shall take effect immediately. ACT 3573. An act to provide for the disposal of moneys remaining in the building fund of any school district, after all bonds and indebtedness shall have been paid and liquidated, arising from the construction of school buildings. [Approved March 13, 1883. Stats. 1883, p. 298.] Section 1. All moneys that have been or shall be raised by special tax, for the purpose of erecting school buildings, that shall remain in the hands of the coimty treasurer, af- ter all bonds that have been or may be issued on account of such buildings shall have been i-edeemed, and all other indebtedness arising on account of such building shall have been liquidated, shall be placed in the county school fund of the school district for which such moneys were raised, subject to the order of the trustees of said district. ACT S573. To enforce the educational rights of children. [Approved March 28, 1S74. Stats. 1873-4, p. 751.] This act was repealed by section 13 o£ the following act. 1190 SCHOOLS. ACT 3574. An act to enforce the educational rights of children and providing penalties for violation of the act. [Approved March 24, 1903. Stats. 1903, p. 388.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Unless excused as hereinafter provided, each parent, guardian, or other person, in the state of Cali- fornia, having control or charge of any child between the ages of eight and fourteen j^ears, shall be required to send such child to a public school, during each school year, for a period of at least five months of the time during which a public school shall be in session, in the city or city and county or school district in which said child resides, and at least eighteen weeks of such attendance shall be consecutive; provided, that should it be shown to the satisfaction of the board of education of the city or city and county, or of the board of trustees of the school district, in which such child resides, that the child's bodily or mental condition is such as to prevent or render inadvisable attendance at school, or application to study, a certificate from any reputable physician that the child is not able to attend school, or that its attendance is in- advisable, must be taken as satisfactory evidence by any such board, or proof being given that the parents or parent are extremely poor or sick, and that the services of the child are actually needed to support such parents or par- ent; or that such child is being taught in a private school, or by a private tutor, or at home by any person capable of teaching, in such branches as are usually taught in the primary and grammar schools of this state; or that no public school is located within two miles, by the nearest traveled road, of the residence of the child; or that the child has completed the prescribed gi-ammar school course; then it shall be the duty of such board of education or board of trustees, upon application of the parent, or guardian, or other person having the control or charge of such child, to excuse such child from attendance at school, during the continuance of such defect or condition upon which such excuse is granted; and provided further, that circum- stances rendering attendance impracticable or dangerous to health, owing to unusual storm or other sufficient cause, shall work an exemption from the penalties of this act. It, SCHOOLS. 1191 any parent or guardian or other person having control or charge of any such child presents proof to such board of education or board of trustees, by affidavit, that he is un- able tO' compel such child to attend school, said parent, guardian or other person shall be exempt from the penal- ties of this act, as regards the subsequent non-attendance at school of such child, and said child may, in the dis- cretion of such board, be deemed a truant and subject to assignment to the parental school. Sec. 2. Any parent, guardian, or other person having control or charge of any such child, who shall fail to com- ply with the provisions of this act, shall, unless excused or exempted therefrom as hereinbefore provided, be deemed guilty of a misdemeanor, and upon conviction, shall be liable, for the first offense, to a fine of not more than ten dollars or to imprisonment for not more than five days, and for each subsequent offense he shall be liable to a fine of not less than ten nor more than fifty dollars, or to Imprisonment for not less than five days nor more than twenty-five days, or to both such fine and imprison- ment. Sec. 3. The board of education of any city or city and county, or the board of trustees of any school district, shall, on the complaint of any person, make full and impartial Investigation of all charges against parents or guardians or other persons having control or charge of any such child, for violation of any of the provisions of this act. If it shall appear upon such investigation that any such par- ent or guardian or other person has violated any of the provisions of this act, it is hereby made the duty of the secretary of such board of education, except as hereinafter provided, or the clerk of such board of trustees, to make and file in the proper court a criminal complaint against such parent, guardian or other person, charging such violation, and to see that such charge is prosecuted by the proper authorities; provided, that in cities, and cities and counties having an attendance oflicer or ofticers, such oSlcer or officers shall^ under the direction of the board of education, or the city superintendent of schools, make and file such complaint, and see that such charge is prosecuted by the proper authorities. Sec. 4. The board of education of any city, or city and county, may appoint and remove at pleasure one or more 1192 SCHOOLS. attendance officers of such city, or city and county, and shall fix their compensation, not exceeding one thousand dollars per annum for any such officer, payable from the county or special school fund of such city or city and county, and shall prescribe their duties, not inconsistent ■with law, and make rules and regulations for the per« formance thereof; provided, that in any city, or city and county, containing less than twenty thousand school census children, not more than one attendance officer shall be ap- pointed, and in any city, or city and county, containing more than twenty thousand school census children, not more than one attendance officer shall be appointed for each twenty thousand school census children, or fraction greater than one haif thereof. Sec. 5. It shall be the duty of the attendance officer to arrest during school hours, without warrant, any child be- tween eight and fourteen years of age, found away from his home, and who has been reported to him by the teacher, the superintendent of schools, or other person connected with the school department as a truant from instruction upon which he is lawfully required to attend within the city, or city and county. He shall forthwith deliver the child so arrested either to the parent, guardian or other person having control or charge of such child, or to the teacher from whom said child is then a truant, or if such child shall have been declared an habitual truant, he shall bring such child before a magistrate for commitment by him to a parental school, as provided in this act. The attendance officer shall report promptly such arrest, and the disposition made by him of such child, to the school authorities of such city, or city and county. Any child may be reported as a truant, in the meaning of this act, who shall have been absent from school without valid excuse more than three days or tardj' on more than three days, any absence for a part of a day being regarded as a tardiness. Any child who has once been reported as a truant and who is again absent from school, without valid excuse, one or more days, or tardy on one or more days, may again be reported as a truant. Any child may be deemed an habitual truant who shall have been reported as a truant three or more times. Any child who has once been declared an habitual truant and who, in a succeeding year, is reported as a truant from school one SCHOOLS. 1193 or more days or tardy on one or more days without valid excuse, may be again declared an habitual truant. Sec. 6. The board of education of any city, or city and county, may establish schools in a manner hereinafter pre- scribed, or set apart rooms in public school buildings for children between eight and fourteen years of age, who are habitual truants from instruction upon which they are lawfully required to attend, or who are insubordinate or disorderly during their attendance upon such instruction, or irregular in such attendance. Such school or room shall be known as a parental school. A parental school, as herein designated and provided for, shall be one of the primary and grammar schools of the city, or city and county, and the teachers therein shall have the same quali- fications and be emploj-ed and paid in the same manner as in other primary and grammar schools; but such parental school shall be established and maintained spe- cially for the instruction therein of such pupils, between the ages of eight and fourteen j^ears, as shall be committed thereto as provided in this act, and no pupil shall be com- mitted to, or required to attend, such school, except as in this act provided. Said board of education may make such special rules and regulations for the government of a parental school as shall be consistent with the provisions and purposes of this act and not contrary to law. Such board may provide for the detention, maintenance and in- struction of such children in such schools; and such board or the city superintendent of schools in any city, or city and county, may, after reasonable notice to any such child, and an opportunity for the child to be heard, and with the consent of the parent, guardian or other person having control or charge of such child, order such child to attend such school, or to be detained and miaintained therein for such period and under such rules and regulations as such board may prescribe, not exceeding the remainder of the school year. If such parent, guardian, or person having control or charge of such child shall not consent to such order, such child may be proceeded against under this act. If any child, in any city, or city and county in which a parental school shall be established, shall be an habitual truant, or be irregular in attendance at school, within the meaning of these terms as defined in this act, or shall be insubordinate or disorderly during attendance at 1194 SCHOOLS. school, it shall be the duty of the attendance officer, or of the secretary of the board of education if there be no at- tendance ofScer, to make and file a complaint against such child, in the proper court, charging the fact, and to see that such charge is prosecuted by the proper authority; and if the court, upon the hearing of such complaint, shall find that such charge is sustained, the court shall render judg- ment that such child be committed to, and be detained and maintained in, a parental school in such city, or city and county, for a term not to exceed the remainder of the cur- rent school year; provided, that if the parent, guardian or other person having control or charge of such child shall, within three days after the rendition of such judg- ment, execute a good and sufficient bond to the board of education of the city or city and county in which said court is situated, with sufficient sureties, in the sum of two hundred dollars, conditioned that such child will, during the remainder of such current school year, regularly attend some public or private school in such city, or city and county, and not be insubordinate or disorderly during such attendance, such bond to be approved by the judge of said court and be filed with the secretary of the board of education, then such court shall make an order suspending the execution of such judgment so long as the condition of such bond shall be complied with. If the condition of such bond be violated, such court, upon receiving satisfactory evidence of the fact in any action brought therefor, shall make an order declaring such bond forfeited and directing such judgment to be thenceforth enforced. Such board of education may, at any time within one year alter any such bond shall be declared forfeited, have execution issued against any or all of the parties to such bond, to collect the amount thereof; and all moneys paid or collected on such bond shall be paid over to the parental school fund of such city, or city and county. No fees shall be charged or received by any court or officer in any proceeding under this section. The confinement of any child in a parental school shall be conducted with a view to the improvement of the child and to its restoration, as soon as practicable, to the school which he would, if not so confined, be re- quired to attend. The city superintendent of schools, or. if there be no city superintendent, the board of education of any city, or city and county, shall have authority, in their SCHOOLS. 1195 discretion, to parole at any time any child committed to, or ordered to attend, a parental school, except when such com- mitment shall he by judgment or order of a court; and when such commitment of any child shall be by judgment or order of a court, such court may, on the recommenda- tion of the city superintendent of schools, or the board of education, make an order paroling such child, upon such terms and conditions as shall be specified in the order. The expense incurred by any city, or city and county, in purchasing or renting a school site, erecting or renting a building and equipping the same, for the maintenance of a parental school, shall be paid out of funds other than those collected for the maintenance of schools. The salaries of teachers and the expense for all school supplies in a pa- rental school shall be paid out of the same funds from which similar salaries and expense are paid for primary and grammar schools, but all other expense incurred in the maintenance of such parental schools shall be paid out of the parental school fund. Sec. 7. Whenever any board of education shall deter- mine that it is necessary or expedient for the city or city and county to establish and maintain a parental school, said board shall furnish to the city council, or other governing body of such city or city and county, all neces- sary and required information and statistics, and if, after consideration, such city council or other governing body grants its consent for the establishment of such parental school, then the board of education shall furnish to the authorities whose duty it is to levy taxes in such city, or city and county, thirty days before the time specified by law for fixing the annual tax rate, an estimate of the cost of purchasing or renting a suitable site, and also an estimate of the cost of renting or erecting a suitable building and equipping the same for occupancy as a paren- tal school, and the cost to the city or city and county, other than for salaries of teachers and for school supplies, of con- ducting the school for the remainder of the current school year. When, pursuant to such consent by such governing body, such estimates shall have been so made and furnished by the board of education of any city, or city and county, it is hereby made the duty of the authorities whose duty it shall be to levy taxes in such city, or city and county, at the time of levying the taxes, to levy a special tax upon 1196 SCHOOLS. all taxable property of said city, or city and county, suffi- cient in its judgment to provide the facilities requested by the board of education, and for which such estimates shall have been so furnished. It shall be the duty of the board of education, yearly, thereafter, to present to the authorities of the city, or city and county, whose duty it is to levy taxes, on or before the first Monday in July, an estimate of the moneys required for conducting the pa- rental school for the school year, other than for the sal- aries of teachers and for school supplies. When such estimate shall have been so presented, it shall be the duty of the said authorities to levy a special tax upon the tax- able property of said city, or city and county, suiScient to maintain such school for the year, exclusive of salaries of teachers and expense of school supplies. All taxes in this act provided for shall be computed, entered upon the tax roll and collected, in the same manner as other taxes are computed, entered and collected, and when collected shall be placed in a separate fund, to be known as the "Parental School Fund," and shall be paid out on the order of tHe board of education for the purposes set forth in this act; provided, that all moneys so collected for the pur- chase of sites or buildings, cr the erection or equipment of buildings for parental school purposes, shall be placed in a separate fund, to be known as the "Parental School Build- ing Fund," and shall be used solely for the purpose or pur- poses for which collected, except that after such purpose or purposes shall have been fully accomplished, the resi- due of such fvmd, if any, may be transferred to said pa- rental school fund. Sec. 8. Two or more school districts or cities may unite in the following manner, to form a jcint district for the maintenance of a joint parental school. When any board of education or board of school trustees has secured, in the manner as set forth in section 7 of this act, the consent of the legislative body of the city or school district, in which said board of education or board of school trustees holds office, for the union of two or more districts to form a joint parental school district, said board of education or board of trustees shall transmit such information to the board of supervisors of the county of which said city cr school district or districts forms a part, setting forth at the same time the cities or districts with which said city SCHOOLS. 1197 or district seeks to unite for the maintenance of a joint parental scliool. When such information has been received by the board of supervisors from all the cities or school districts seeking to be united, it is hereby made the duty of the board of supervisors, by resolution, to declare such cities or school districts united for the maintenance of a joint parental school, to be known as the joint parental school district of (give the names of the school districts uniting). When the districts have been so united, the boards of education or boards of trustees of the cities or school districts so uniting shall appoint a board of trustees for the joint parental school district, to consist of five members, (unless the number of cities or school districts uniting exceeds five), v/ho shall be appointed from the membership of the boards of the several districts or cities uniting, by the respective boards in approximate propor- tion to the census ciiildren between five and seventeen years of age, in the districts uniting; provided however, that each district shall be represented by at least one member on the board of trustees of the joint parental school district. The members so appointed, to serve for the remainder of the term of office for w'hich they were elected on their respective boards of education or boards of trustees, and when vacancies occur on said board of trustees of joint parental school districts, they shall be filled by the board making the original appointment. The superintendent of schools of each of the cities or school districts uniting, shall be ex-officio members of the board of trustees of the joint parental school district, without the right to vote. In the management of a parental school within a school district, city, or city and county, the right to transport pupils to and from school at public expense, when, in the judgment of the board of education, or board of school trustees, the interest of the pupil demands it, is hereby conferred upon such boards. All the powers and duties by any section of this act conferred or imposed upon the boards of school trustees or boards of education of any city, or city and county, in the management of, and the securing of, funds for a parental school within a city or school district, are hereby conferred upon and imposed upon the board of trustees of any joint parental school district in the management of and the securing of funds for the support of a joint parental school; pro- 1198 SCHOOLS. vided however, that in estimating the expense of mainte- nance of a joint parental school the amount of money needed for the payment of teachers' salaries and for the furnishing of school supplies, shall be included in the estimate of expenses; and provided further, that the esti- mates shall be transmitted to the board of supervisors of the county of which the joint parental school district forms a part. When such estimates shall have been so transmit- ted, it is hereby made the duty of the board of supervis- ors to levj^ a special tax upon the taxable property within the boundaries of the joint parental school district, suffi- cient to provide the facilities requested by the board of trustees of the joint parental school district, and for which such estimate shall have been furnished, and yearly there- after when the estimates of the total expense of tne main- tenance of the joint parental school and increased facil- ities shall have been furnished the board of supervisors, it shall be the duty of said board to levy a special tax sufficient to maintain the school for the year. All taxes in this act provided shall be computed and entered upon the tax roll and collected in the manner prescribed for the collection of taxes in section 7 of this act; provided, that all moneys so collected shall be collected by the county tax collector and apportioned to the credit of the joint parental school district, and placed in the fund for which they were specially collected. If for sites or build- ings, to be placed in a fund known as the joint parental school building fund, to be used exclusively for the pur- poses for which they were collected, the same as set forth in section 7 of this act. The board of trustees of joint parental school districts shall organize, by the election of one of their Enmber as chairman, and by the election of a secretary who shall be the city superintendent of schools, or the secretary of a board of education or the clerk of one of the boards of education or boards of trustees of the cities, or school districts united, and such secretary shall serve without additional salary. All moneys in a joint parental school fund shall be paid out on the order of the board of trustees of the joint parental school dis- trict for the purposes herein set forth, and in the same manner that funds are paid from the ordinary school funds of a school district. Sec. 9. All fines paid as penalties for the violation of SCHOOLS. 119S any of tlie provisions of this act sliall, when collected or received, be paid over by the justice or officer receiving the same to the treasurer of the city, or city and county, in which the offense was .committed, to be placed to the credit of the parental school fund of such city, or city and county, if there be such a fund, othervv'ise to the credit of the general school fund of such city, or city and county, or to the county treasurer, to be placed to the credit of the school fund of the school district in which the of- fense was committed. Sec. 10. Any parent or guardian of any deaf, dumb, or blind child, legally entitled to admission to said institu- tion, shall send such child to said institution until such child shall have been therein for five years, or shall have reached the age of majority, unless such child shall be excused from such attendance by the board of education or board of trustees of the city, city and county, or school district in which such child resides, for the reason that the child's bodily or mental condition is such as to prevent or render inadvisable attendance at said institution, or for the reason that such child is receiving proper instruction at home or in some public or private school. Any parent or guardian failing to comply with the requirements of this section shall be guilty of a misdemeanor, and be pun- ishable as provided in section two of this act. Sec. 11. Any justice of the peace, or recorder of the city or city and county or any justice of the peace of the township in which the school district is located, or in which the offense is committed, shall have jurisdiction of all offenses committed under the provisions of this act. Sec. 12. This act shall take effect and be in force from and after July first, nineteen hundred and three. Sec. 13. An act entitled an act to enforce the educa- tional rights of children, approved March twenty-eighth, eighteen hundred and seventy-four, and all acts and parts of acts in conflict with any of the provisions of this act are hereby repealed. ACT 3575. An act to prevent discrimination against female teachers. [Approved March 30, 1874. Stats. 1873-4, p. 938.] Female teachers to receive same compensation as males. Section 1. Females employed as teachers in the public 1200 SCHOOLS. schools of this state shall in all cases receive the same compensation as is allowed male teachers for like services when holding the same grade certificates. Sec. 2. This act shall take effect and be in force from and after its passage. ACT 3576. To make women eligible to educational offices. [Stats. 1873-4, p. 356.] Cal.Rep.Cit. 71, 121; 123, 618; 123, 619. This act appears in full in Political Code, Appendix, p. 1103. ACT 3577. An act to continue in force school teachers' certificates, state educational diplomas, and life diplomas. [Approved February 5, 1880. Stats. 1880, p. 4 (Ban. ed., 4).] Certificates and diplomas continued in force. Section 1. All teachers' city, city and county, county, and state certificates, state educational diplomas, life di- plomas, and all other teachers' certificates and di- plomas issued in the state of California, under and in pur- suance of the laws thereof, on or before the thirty-first day of December, A. D. eighteen hundred and seventj'- nine, shall be and the same are hereby continued in full force and effect, and shall be deemed valid for all pur- poses and to the full extent of time that the same were and were intended respectively to be under the said laws, on and before the said thirtj^-first day of December, A. D. eighteen hundred and seventy-nine. Sec. 2. This act shall take efiect from and after its passage. ACT 3578. An act to continue in operation the public schools of this state. [Approved March 6, 1880. Stats. 1880, p. 7 (Ban. ed., 14).] Issuance of temporary certificate. Section 1. The county superintendent of schools of each and every county in this state is hereby empowered to issue a temporary certificate to any teacher whose certifi- cate has expired, or shall expire between the first day of January, eighteen hundred and eightj', and the first day of June, eighteen hundred and eighty. The certificate so SCHOOL LANDS— SEWERS. 1201 granted shall be of the same grade as the one in place of which it is issued, and shall be valid only until the first meeting of the board which shall be competent to issue teachers' certificates. Sec. 2. This act shall take effect immediately. ACT 3579. To protect the school districts of this state from injury during the year eighteen hundred and eighty, by the operation of section twelve of article thirteen oi the constitution. [Approved April 15, 1880. Stats. 1880, p. 75 (Ban. ed., 261).] This act declared that school districts should not for- feit their school funds prior to June 30, 1880, by reason of any change in the mode of payment of the funds, and provided for the payment of teachers' salaries until June SO, 1880. SCHOOL LANDS. See State Lands. TITLE 434. ACT 3584. SECRETARY OF STATE. Authorizing the secretary of state to appoint a clerk in addition to the number now allowed by law and to be known as the janitors' clerk, and providing for the payment of his salary. [Stats. 1899, p. 143.] ACT 3585. To provide a salary for the keeper of archives in the office of. [Stats. 1891, p. 280.] TITLE 435. ACT 3590. SEDUCTION. To punish. [Stats. 1871-2, p. 184.] Cal.Rep.Cit. 49, 9. This act appears in full in Penal Code, Appendix, p. 690. TITLE 436. SEWERS. See Streets. Gen. Laws— 51 1202 SHASTA COUNTY. ACT 3395. To confer power upon supervisors, or other governing body of counties, and cities and counties, to extend and complete all main intercepting sewers heretofore partially constructed. [In effect March 14, 1881. Stats. 1881, p. 76.] The code commissioners say of this act : "Superseded by County Government Act and the charter of San Francisco." ACT 3396. Providing for the establishment and maintenance of sewer districts adjacent to municipal corporations. [Stats. 1899, p. 81.] TITLE 437. ACT 3600. SHASTA COUNTY. County clerk, fixing salary of. [Stats. 1873-4, p. 168.] Repealed by County Government Act, 1S97, 452. ACT 3601. Supervisors authorized to transfer certain funds of. [Stats. 1873-4, p. 708.] This act authorized the transfer of the swamp land fund to the general fund. ACT 3603. Authorizing transcribing of records in. [Stats. 1862, p. 52.] Amended 1863, 21. ACT 3603. Grant I. Taggart, former county recorder of Shasta Coun- ty, authorizing to certify and sign certain records. [Stats. 1875-6, p. 487.] ACT 3604. Roads and highways. [Stats. 1873-4, p. 844.] Repealed 1883, 5, chap. X, sec. 2. ACT 3603. Repealing all special laws in relation to roads and high- ways in. [Stats. 1875-6, p. 803.] ACT 3606. Public schools of, emplojTnent of teachers in. [Stats. 1873-4, p. 472.] Amended 1875-6. 122. Probably repealed by Political Code, sec. 1696, as amended 1S93, 255. SHASTA, TOWN OF— SHEEP. 1203 ACT 3607. Sheriff of, allowed compensation for services of under- sheriff. [Stats. 1873-4, p. 180.] Repealed by County Government Act, 1897, 540, sec. 186. TITLE 438. ACT 3612. SHASTA, TOWN OF. To prevent hogs from running at large. [Stats. 1871-2, p. 157.] Amended by extending to Redding in Shasta County, and Mo- desto in Stanislaus County, 1877-8, 585. TITLE 439. SHEEP. Act to protect sheep from the ravages of dogs, see title Dogs, ante. ACT 3617. To restrict the herding of sheep in certain counties. [Stats. 1862, p. 490.] This act applied to Mendocino, Lake, Sonoma, and Marin counties. ACT 3618. To restrict the herding of sheep. [Stats. 1861, p. 523.] Amended 1865-6, 56. ACT 3619. To protect sheep and lambs in this state. [Stats. 1861, p. 501.] Amended 1867-8, 426; 1869-70, 223. This act protected sheep and lambs from dogs and other animals. It was superseded by the Civil Code, sec. 3341. ACT 3620. An act to create the office of sheep inspector for the state of California, to provide for the appointment, and to define the powers and duties of said officer and his deputies, and their compensation, and providing for the prosecution of offenses under the same, and to suppress and prevent dissemination of scab among sheep. [Approved March 24, 1903. Stats. 1903, p. 372.] 1204 SHEEP. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The office of sheep inspector for the state of California is hereby created and the state veterinarian of the state of California is hereby made ex-officio sheep inspector and shall perform the duties imposed by this act without additional salary or compensation from the state of California. Sec. 2. The board of supervisors may, in their dis- cretion, upon the written demand of a majority of sheep growers of their respective counties, appoint one or more deputy sheep inspectors. Such deputies shall be practical sheep men and subject to removal whenever the board may deem it necessary. Sec. 3. It shall be the duty of the state sheep inspector to have general supervision over his deputies appointed under the provisions of this act and to aid, counsel, and advise with such deputies and generally to enforce the provisions of this act. Sec. 4. The deputies appointed under the provisions of this act shall have power to administer oaths, and it shall be the duty of at least one deputy inspector in each county where the same may be appointed, as herein pro- vided by the state sheep inspector, to personally examine all sheep and bands of sheep in his county every spring between the first day of February and the first day of June and every fall between the first day of October and the first day of December for the first two years after the passage of this act, and thereafter between the first day of February and the first day of June of each year; and to the owners or persons in charge of herds found to be clean he shall issue a certificate stating such fact, which certificate shall permit such herds to pass into and through any and all counties in this state so long as they shall remain free and clean from disease. And such deputy also is required to examine any band or bands of sheep at anj' time he may be called upon to do so at the request of one or more sheep growers in writing, stating that such sheep are affected or infected with some in- fectious or contagious disease, and that there is imminent and immediate danger of the spreading of such disease; provided, that if, upon examination, such sheep are found to be clean the person or persons making such complaint SHEEP. 1205 shall pay the expenses and costs of such examination, which may be recovered in a civil action therefor; but in case such inspector, upon making such examination, finds said sheep diseased, he shall forthv/ith issue his order quarantining said sheep; and further provided, that all bands of sheep of less than two hundred and fifty head shall not be subject to such inspections when known to be sound; but where complaint is made, then the deputy inspector must comply with and enforce the provisions of this act as in other cases hereinafter provided for. Sec. 5. Any person, company, association, or corpora- tion desiring to move his or their sheep which are not sound or are infected or affected by scab or any infectious or contagious disease shall obtain from a deputy inspector a traveling permit. Such permit shall only be granted for the purpose of moving said sheep to some place where they may be dipped for said disease, or on account of shortage of feed, and then by such route as the deputy sheep inspector may decignate. Sec. 6. Whenever upon examination of any bands or herds of sheep, kept or herded in any county of the state of California the deputy sheep inspector of such county shall find such sheep, or any portion of them affected or infected with the scab or scabies, or any other infectious or contagious disease, he shall forthwith notify the owner or person in charge of said sheep, in writing, to dip said sheep for said disease within a period of fifteen days from said notice; and also during said period to keep such sheep from contact with other sheep by such means as he may specify; and if, upon examination at the end of fifteen days from such notice, said deputy sheep in.-pector shall find that said sheep have not been dipped for said dis- ease, or have not been kept from contact \\ith other sheep that are sound, the owner or owners, or person or persons controlling said sheep, shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars or more than two hundred and fifty dollars; and in case said sheep have not been dipped for said disease within said fifteen days, such deputy sheep inspector shall immediately take possession of said sheep and dip them for said dis- ease, and all expenses incurred in so doing, including a compensation of four dollars for every day, or part of a 1206 SHEEP. day, in wliicli said deputy sheep inspector may be engaged in dipping said sheep, shall become and is hei'eby made a lien upon said sheep; and such deputy sheep inspector shall hold such sheep for the period of ten days, and if the same is not paid wathin such time he may collect the same, together with the costs and expenses of collec- tion, by advertising and selling said sheep, or as many thereof as may be necessary, in the manner prescribed by law for the sale of personal property on execution. If, however, upon examination at the end of fifteen days from the notice required to be given under this section such deputy sheep inspector shall find that said sheep have been dipped for said disease, but are still infected with the same, then he shall instruct the owner or con- troller of said sheep to dip once or more times, as cir- cumstances demand, and as soon as possible, but with an interval between the dippings of not less than nine or more than twelve days; and if upon examination at the end of thirty days further, such deputy sheep inspector finds that said sheep have been dipped for said disease, but are still infected, then he shall at once take possession of said sheep and dip them as above specified. If, how- ever, upon examination he finds that said sheep have not been dipped he shall seize said sheep and dip them as above specified, and the owner or owners, or controller, by reason of his failure to dip such sheep as required, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars; provided, however, that no person, persons, com- pany, or corporation shall be required to dip his or their bands of sheep between the first day of December and such time as he or they can shear such sheep in the fol- lowing spring. Sec. 7. No person, persons, company, or corporation shall be required to dip a band or bands of ewes or any part of them v/hich are ewes with lambs, at any time between the fifteen [th] of December and the fifteenth of May following of any year; but they must be held in quarantine and kept separate from sound sheep, and the owner, owners, or controller shall be responsible for all damages as stated in sections seven and eight of this act, to be enforced and recovered as therein provided for. ■ SHEEP. 1207 It shall also be the duty of such deputy sheep inspector to require the owner, owners, or controller of sheep, while held in quarantine during the above exemption, to spot or hand dress all sheep in their band or bands that show any scab or other contagious disease, with some reliable medicine; and such deputy sheep inspector shall have power to enforce hand dressing or spotting during the exemption referred to in this section, the same as he has power to enforce dipping at any other period of the year, as provided by this act. Sec. 8. The deputy sheep inspector appointed in the several counties as provided in this act shall receive four dollars per day for every day or part of a day spent in the performance of his duty, to be paid by the owner or owners of the sheep examined, and to be enforced as a lien against the sheep so examined, as provided in section six of this act. Sec. 9. In any action or proceeding, civil or criminal, arising under this act, any and all persons having an in- terest in the sheep or controlling the same, and concerning which such action or proceeding is had, shall be deemed the owners of- said sheep, and shall be liable severally and jointly for such violation of this act. Any herder or shepherd, or other person in charge of sheep, who shall willfully refuse to give a deputy sheep inspector after showing a star any and all information as to the condition of sheep in his charge, requested by such deputy, shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty- five dollars nor more than one hundred dollars. In criminal actions against corporations under this act no arrest shall be necessary, but a summons containing no- tice of the time and place of trial, together with a copy of the complaint filed before a justice of the peace, or in the court in which the action is commenced, shall be served in the same manner and for the same length of time as in civil actions. Sec. 10. It shall be the duty of each deputy sheep inspector appointed under this act to keep a book in which he shall record as complete a description as practicable of the marks and brands with v/hich each person in his county marks or brands his sheep, and the owners of sheep shall report in writing to such deputy sheep inspector 1208 SHEEP. their marks and brands, for the purpose of aiding such deputy sheep inspector to make up and keep such records; said deputy sheep inspectors are also required to keep a book in which they shall record the names of all per- sons prosecuted for violations of this act, together with a description of the particular offense charged against him, the name of the court in which said prosecution was had, and the result of such prosecution, giving the amount of fines where fines are imposed. And on the first day of January of each year, each deputy sheep in- spector appointed under the provisions of this act shall make a report to the state sheep inspector, which report shall contain a true and correct copy of his record as contained in the books required by him to be kept under the provisions of this act, which report shall be placed on file in the office of the state sheep inspector. Sec. 11. It shall be unlawful for any person, persons, company, corporation or association, owning, controlling, or managing any ferryboat, toll bridge, car, steamboat, wagon, vehicle, or other things used for transportation, to allow any sheep to be carried thereon unless the party in charge of said sheep shall first produce a certificate from a deputy sheep inspector appointed under this act, that said sheep are free from scab, scabies, and other in- fectious or contagious disease. Any violation of this sec- tion shall be deemed a misdemeanor and punishable by a fine of not less than one hundred dollars or more than two hundred and fifty dollars. Sec. 12. If any person or persons, company, or corpora- tion, in drlAang or herding any sheep, should get into their herd any stray sheep, they shall immediately notify the owner thereof; and if the owner is unknown, he or they Shall forthwith notify the deputy sheep inspector of such county, giving the number of such sheep and the brands of each; and any person, persons, company, or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars nor more than two hundred dollars. Sec. 13. All deputy sheep inspectors are hereby given the power, and it is herebj"- made their duty to arrest and bring before a justice of the peace, or other court having jurisdiction of the same, any and all persons found SHEEP. 1209 violating the provisions of this act, where a complaint shall be filed by such deputy sheep inspector, either upon his own knowledge or upon sworn complaint of such viola- tion, whereupon a hearing shall be had as in other like criminal cases; and such deputy sheep inspectors are here- by vested with the same authority to arrest and to require aid in the execution of their said office as sheriffs and their deputies of the several counties of this state; pro- vided, that the provisions of this act requiring the deputy sheep inspectors of the county to prosecute for a viola- tion of the provisions of this act [requiring the deputy sheep inspectors of the county to prosecute for a violation of the provisions of thiS act] shall not be construed so as to prevent such prosecutions from being commenced and prosecuted by other persons as criminal action[s] are commenced and prosecuted in other cases. Sec. 15. This act shall take effect and be in force from and after its passage. ACT 3621. An act authorizing and empowering the boards of super- visors of the several counties of the state to prevent and eradicate infectious and contagious diseases among sheep, to provide for the appointment of a sheep commissioner, and to define the duties and powers of commissioner. [Approved March 16, 1889. Stats. 1889, p. 216.] Appointment of sheep commissioner. Section 1. Whenever a petition shall be filed with the board of supervisors of any county in this state, signed by not less than fifty resident freeholders of such county, praying for the appointment of the commissioner herein named, said board may, if deemed advisable, appoint some competent person, a resident of the county, who sh£),ll act and be known as sheep commissioner, whose duties and powers, which are to be exercised in the prevention and eradication of contagious diseases among sheep, shall be defined and determined by said board; and the fees and compensation of such commissioner, only to be charged when he is actually and necessarily engaged in the performance of his duties, shall be paid out of the treasury of said county as claims against counties are 1210 SHERIFFS— SIERRA COUNTY. now paid, and be fixed by said board at the time of such appointment. Sec. 2. This act shall take effect immediately. TITLE 440. ACT 3627. SHERIFFS. To compensate sheriffs for conveying prisoners to the state prisons and insane persons to the insane asylum. [Stats. 1885, p. 126.] Amended 1889, 200. This act appears in full in the Political Code, Appendix, p. 1109 ; also in Penal Code, Appendix, p. 691. ACT 3628. To authorize the boards of supervisors to furnish the sheriff and deputy sheriffs of their several counties with a suitable badge of office. [Stats. 1875-6, p. 803.] This act appears in full in the Political Code, Appendix, p. 1109. TITLE 441. ACT 3633. SHERMAN ISLAND. For the protection of public roads on. [Stats. 1877-8, p. 601.] TITLE 442. ACT 3638. SHIPPING. To prevent persons from enticing seamen to desert. [Stats. 1853, p. 186.] Superseded by Penal Code, sees. 644, 645. TITLE 443. ACT 3643. SIERRA COUNTY. In relation to the county officers of. [Stats. 1869-70, p. 285.] This act related to the fees and salaries of officers. See note to act 1119, ante. ACT 3644. Road districts and road overseers. [Stats. 1875-6, p. 405.] Repealed by Political Code, sees. 2641 and 2642, as amended in 1893, and the County Government Acts, see 1897, 452. SIERRA IRON COMPANY— SISKIYOU COUNTY. 12U ACT 3645. Road poll-tax in. [Stats. 1875-6, p. 594.] Repealed by Political Code, sec. 2652, as amended 1891, 478. ACT 3646. Supervisors to levy taxes for county purposes. [Stats. 1873-4, p. 510.] Superseded by subds. 12 and 18, sec. 25, County Government Act, 1897, 460, 463. ACT 3647. Concerning office of treasurer of. [Stats. 1871-2, p. 582.] Repealed 1873-4, 185. This act made the assessor ex-offlcio treasurer. ACT 364S. Treasurer of. [Stats. 1873-4, p. 185.] Repealed by County Government Acts, see 1897, 564, sec. 205. TITLE 444. ACT 3653. SIERRA IRON COMPANY. Granting right to construct road in Sierra and Plumas counties. [Stats. 1873-4, p. 341.] TITLE 445. ACT 3658. SILK CULTURE. To establish a state board of. [Stats. 1883, p. 369.] Superseded 1885, 216. ACT 3G59. To establish a state board of. [Stats. 1885, p. 216.] TITLE 446. ACT 3664. SISKIYOU COUNTY. Regulating fees and salaries in. [Stats. 1869-70, p. 249.] Amended 1873-4, 188, 719. See note to act 1119, ante. ACT 3665. Fees and salaries of officers. [Stats. 1873-4, p. 188. J Amending and supplementing act of March 12, 1870. Supple- mented 1873-4, 719. RcpLiiled by County Government Acts, see 1897, 452, and fee bill of 1895, 267. 1212 SMITH RIVER— SOLANO COUNTY. ACT 36G0. Concerning marks and brands in. [Stats. 1865-6, p. 332.} Continued in force by Political Code, sec. 19, and Penal Code,, sec. 23. ACT 3667. Creating board of water commissioners for. [Stats. 1865-6, p. 609.] TITLE 447. SMITH RIVER. ACT 3672. Declaring Smith River navigable. [Stats. 1877-8, p. 799.] Superseded by Political Code, sec. 2349, as amended 1891. TITLE 448. SOLANO COUNTY. ACT 3677. To develop agricultural interests and aid the construction of a canal in Colusa, Solano, and Yolo counties. [Stats. 1865-6, p. 451.] ACT 3678. County seat, location of. [Stats. 1873-4, p. 783.] Already located by Political Code, sec. 3956. ACT 3679. Highways in. [Stats. 1875-6, p. 316.] Supplemented 1875-6, 817. Amended 1877-8, 598. Repealed 1883. 5, chap. X, sec. 2. ACT 3680. Branch county jail, establishing and maintaining. [Stats. 1875-6, p. 530.] ACT 3681. To provide for the appointment of two additional notaries for. [Stats. 1871-2, p. 24.] Superseded by Political Code, sec. 791. ACT 3CS2. County recorder made ex-officio auditor. [Stats. 1875-6, p. 14.] Repealed 1877-8, 156. SOLDIERS AND SAILORS. 1213 ACT 36S3. Salaries of officers of, regulating. [Stats. 1873-4, p. 869.] Amended 1875-6, 56 ; 1877-8, 536. Repealed by County Gov- ernment Acts, see 1897, 519, sec. 169. ACT 3684. To better define the duties and fix the compensation o£ certain officers of. [Stats. 1871-2, p. 624.] Repealed by County Government Act, 1897, 519, sec. 169. This act affected the duties of sheriff, county clerk, district attorney, and auditor. ACT 3685. Supervisors to levy a road tax. [Stats. 1873-4, p. 868.} Superseded by County Government Act, sec. 25, subds. 12 and 18, 1897, 460, 463. ACT 3686. Legalizing records of. [Stats. 1857, p. 159.] ACT 3687. Authorizing transcribing records in. [Stats. 1859, p. 66.] ACT 3688. Title to certain lands in, quieting. [Stats. 1873-4, p. 329.] This act related to certain lands in the Suscol Rancho. TITLE 449. ACT 3693. SOLDIERS AND SAILORS. To provide for the burial of ex-union soldiers, sailors, and marines dying without leaving sufficient means to de- fray burial expenses. [Stats. 1883, p. 198.] Amended 1901, 596. ACT 3C94. To provide for building and furnishing the home for sol- diers' widows, orphans, and army nurses, and for the management of such home, and the support of indigent persons residing in such home. [Stats. 1889, p. 206.] Amended 1891, 428. ACT 3695. To give a preference in public service to honorably dis- charged ex-union soldiers, sailors, and marines of the war of the rebellion. [Stats. 1891, p. 289.] 1214 SONOMA CITY— SONOMA COUNTY. ACT 3696. To prevent the sale of intoxicating liquors in the Immedi- ate vicinity of soldiers' homes. [Stats. 1895, p. 161.] TITLE 450. ACT 3701. SONOMA CITY. To confirm and legalize the acts and proceedings of any and all of the mayors, common councils, alcaldes, and justices of the peace of the pueblo of Sonoma. [Stats. 1869-70, p. 413.] This act confirmed all proceedings relating to the sale or disposition of lands. ACT 3702. Authorizing sale of certain pueblo lands. [Stats. 1871-2, p. 239.] ACT 3703. To appoint commissioners for the pueblo of, to carry into effect the provisions of an act to validate the acts of former commissioners. [Stats. 1881, p. 25.] ACT 3704. Defining boundaries. [Stats. 1871-2, p. 10.] Superseded by incorporation of the city under Municipal Cor- poration Act of 1883. TITLE 451. ACT 3709. SONOMA COUNTY. Concerning the fees and salaries of certain officers In the county of Sonoma. [Stats. 1871-2, p. 583.] This act related to certain duties of the sheriff and recorder. It :was superseded by the County Government Act. ACT 3710. Salaries and compensation of certain officers of. [Stats. 1873-4, p. 382.] Amended 1873-4, 720; 1875-6, 576, 726. Repealed by County Government Acts, see 1897, 509, sec. 163. ACT 3711. Fees and salaries in. [Stats. 1877-8, p. 129.] Amended 1877-S, 328. Repealed as to fees by the fee bill of 1895, 267, as to officers therein named, and as to salaries by County Government Acts, see 1897, 509, sec. 163. SONOMA COUNTY. 1215 ACT 3712. Division fences in Sonoma County and the lines of counties bordering tliereon. [Stats. 1877-8, p. 692.] ACT 3713. Act relating to fence and pound districts in. [Stats. 1871-2, p. 203.] Superseded as to pounds by subd. 14, sec. 25, County Govem- ment Act, 1897, 463. ACT 3714. To provide for the appointment of a notary to reside at Cloverdale. [Stats. 1871-2, p. 95.] Repealed by Political Code, sec. 791. ACT 3715. Additional notaries in. [Stats. 1871-2, p. 95.] Repealed by Political Code, sec. 791. ACT 371G. Authorizing transcribing of records in. [Stats. 1860, p. 109.] ACT 3717. Authorizing transcribing of records in. [Stats. 1862, p. 53.] ACT 3718. To provide for the translation of foreign records in So- noma County, and to malce such translations evidence of their contents. [Stats. 1869-70, p. 582.] ACT 3719. Roads and highways in. [Stats. 1875-6, p. 270.] Repealed 18S3, 5, chap. X, sec. 2. ACT 3720. Concerning roads and highways in. [Stats. 1871-2, p. 496.] Supplemented 1873-4, 105. Amended and new sections added 1873-4, 762. Last-named statute repealed 1875-6, 53. Repealed by 1883, p. 5, chap. X, sec. 2. ACT 3721. Restricting the herding of sheep in. [Stats. 1857, p. 227.] Amended 1858, 165; 1859, 119; 1860, 332; 1869-70, 804; 1871-2, 890; 1877-8, 79. ACT 3722. County surveyor of, fees of. [Stats. 1873-4, p. 228.] ACT 3723. Treasurer's office. [Stats. 1875-G, p. 11.] Repealed by County Government Acts, see 1897, 452. This act related to the counting of money in the treasurer's office. 1216 SONOMA RIVER— STANFORD UNIVERSITY. TITLE 452. ACT 3728. SONOMA RIVER. Declared navigable. [Stats. 1877-8, p. 72.] Superseded by Political Code, sec. 2349. TITLE 453. ACT 3733. SONORA. Reincorporating. [Stats. 1877-8, p. 23.] Supplemented 1877-8, 467. Superseded by incorporating, In 1900, under the Municipal Corporation Act of 1883. ACT 3734. Authorizing establishment of fire department. [Stats. 1871-2, p. 85.] TITLE 454. SOUTHERN PACIFIC RAILROAD COMPANY. ACT 3739. Giving effect to act of congress relating to. [Stats. 1869-70, p. 883.] This act enabled the company to change the line of its road. TITLE 455. ACT 3744. SPANISH LAND CLAIMS. Providing for the preservation of papers relating to. [Stats. 1865-6, p. 312.] TITLE 456. ..^ o,.^« STALLIONS. ACT 3749. To provide for the keeping of stallions and jacks. [Stats. 1871-2, p. 63.] This act prescribed limits for the keeping of stallions and Jacks tmless they were inclosed from view. TITLE 457. ACT 3754. STANFORD UNIVERSITY. An act exempting from taxation a portion of the property held in trust for the benefit of the Leland Stanford Junior University. [Approved February 14, 1901. Stats. 1901, p. 4.] STANFORD UNIVERSITY. 1217 The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The university buildings of the Leland Stan- ford Junior University, situate in the county of Santa Clara, state of California, used for university purposes, and all bonds held or that may be held by the trustees of such university in trust for the benefit of such university, shall be exempt from taxation; provided, that all other property, real and personal, held in trust for the benefit of such university shall be subject to state, county and municipal taxation; and provided further, that while this act is in force no fees shall be charged residents of this state for tuition at such university, but such tuition shall be entirely free. Sec. 2. This act shall take effect from its passage. ACT 3755. An act granting to the trustees of the Leland Stanford Junior University coi'porate powers and privileges. [Approved February 14, 1901. Stats. 1901, p. 4.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The trustees of the Leland Stanford Junior University are given the right to exercise corporate powers and privileges, and to that end they may organize and act as a board of trustees, elect such officers of such board as they may deem to be necessary, adopt by-laws, and as such board, and through the officers thereof, they may transact such business, perform such acts and exercise such powers as they in writing may provide may be trans- acted, performed and exercised by such board. Such board may adopt a seal which shall read, "Seal of the Leland Stanford Junior University," and such seal, when attached to any document or writing, shall be prima facie evidence that such document or writing was made by and under due authority from such board and from such trustees. Nothing herein shall be deemed to alter the tenure or limit the powers or obligations of such trustees. Sec. 2. This act shall take effect from its passage. 1218 STANISLAUS COUNTY. TITLE 458. STANISLAUS COUNTY. ACT 3760. Protection of agriculture in, and providing for distraining of trespassing animals. [Stats. 1877-8, p. 164.] Modified, if not repealed, by the astray laws of 1897, 198, and 1901, 603. ACT 3761. Estabiisiiing a public high-way and ferry on San Joaquin River. [Stats. 1871-2, p. 584.] Superseded by subd. 35, sec. 25, County Government Act, 1897, 466. ACT 3762. Additional notaries public. [Stats. 1873-4, p. 108.] Repealed by Political Code, sec. 791. This act provided for the appointment of five additional notaries. ACT 3763. Offices of public administrator, coroner, and superintendent of schools. [Stats. 1873-4, p. 537.] Repealed by County Government Acts, see 1897, 452. ACT 3764. Separating office of county recorder from office of county clerk, and regulating salaries of certain officers. [Stats. 1873-4, p. 277.] Amended 1873-4, 448 ; 1877-8, 1001. Superseded by County Government Acts, see 1897, 452. ACT 3765. To provide for the extermination of squirrels in. [Stats. 1877-8, p. 787.] Repealed 1880, 7. ACT 3766. County superintendent of schools, compensation of. [Stats. 1873-4, p. 537.] Repealed by County Government Acts, see 1897, 550, sec. 191. ACT 3767. Superintendent of schools, act to provide office for. [Stats. 1871-2, p. 35.] ACT 3768. Road poll-taxes, collection of. [Stats. 1875-6. p. 570.] Repealed by Political Code, sec. 2652, as amended 1891, 478. STANISLAUS RIVER— STATE. 1219 ACT 37G9. Treasurer to transfer certain funds. [Stats. 1875-6, p. 270.] Superseded by subd. 18, sec. 25, County Government Act, 1897, 463. This act authorized the transfer from the swamp and overflowed fund to the general fund. ACT 3770. Regulating salary of treasurer of. [Stats. 1871-2, p. 183.] Superseded by County Government Act, 1897, 550, sec. 191, as amended 1901, 171. ACT 3771. Witness fees in. [Stats. 1873-4, p. 732.] Repealed 1875-6, 493. TITLE 459. ACT 3776. STANISLAUS RIVER. To establish, maintain, and protect a public ford across, and a public road to and from the same. [Stats. 1871-2, p. 283.] TITLE 460. ACT 3780. STATE. To- define and establish a portion of the eastern boundary. [Stats. 1901, p. 89.] ACT 3781. In relation to costs in actions where state is a party. [Stats. 1852, p. 160.] Superseded by Code of Civil Procedure, sec. 1038. ACT 3782. To provide for the receipt and appropriation of donations to. [Stats. 1880, p. 20.] ACT 3783. Release of claim by to certain lands. [Stats. 1871-2, p. 948.] This act provided for the release of certain lands to the United States government. ACT 3784. Ceding to the United States jurisdiction over certain lands ceded to the United States. [Stats. 1891, p. 262.] ACT 3785. Giving consent of to reservation of certain lands by con- gress. [Stats. 1891, p. 107.] This act gave the consent of the state to the reservation of a certain tract by congress for a public park. 1220 STATE. ACT 3786. Expressing the assent of to the act of congress of August 30, 1890, to apply a portion of the proceeds from the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts established under the provis- ions of an act of congress approved 1862. [Stats. 1891, p. 458.] ACT 3787. Appropriation to pay the claim of A. J. Bourn against the state for personal injuries received by him while in the service of the state. [Stats. 1891, p. 513.] Unconstitutional. (Bourn v. Hart, 93 Cal. 321.) ACT 3788. To authorize Robert C. Ball to sue the state. [Stats. 1891, p. 194.] ACT 3789. Enabling the Coulterville and Yosemite Turnpike Com- pany to sue the state. [Stats. 1891, p. 275.] ACT 3790. Suit against state, authorizing certain persons to bring. [Stats. 1875-6, p. 680.] This act authorized Drury Melone, John Lord Love, and James J. Green to sue the state. ACT 3791. To authorize suits against the state, and regulating the pro- cedure therein. [Stats. 1893, p. 57.] See Molineux v. State, 109 Cal. 378 ; Chapman t. State, 104 Cal. 690. This act appears in full in Code of Civil Procedure, Appendix, p. 7S4. ACT 3792. An act authorizing suits against the state on claims or de- mands arising under an act of the legislature entitled "An act fixing a bounty on coyote scalps," approved March 31, 1891, and regulating the procedure therein. [Approved March 23, 1901. Stats. 1901, p. 647.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The owners or holders of claims or demands against this state arising under the provisions of an act of the legislature entitled "An act fixing a bounty on STATES. 1221 coyote scalps," approved March thirty-first, eighteen hun- dred and ninety-one, may, within twelve months from the passage of this act, bring suit upon their said claims or demands in any superior court of this state, and prosecute the same to final judgment. The rules of practice in civil cases shall apply to such suits, except as herein otherwise provided, with the right of appeal to either party. Sec. 2. Service of summons in such suits shall be made on the attorney-general. It shall be the duty of the attor- ney-general to defend all such suits; and upon his written demand, made at or before the time of answering, the place of trial of any such suit must be changed to the county of Sacramento. Sec. 3. All costs in any suit brought hereunder shall be paid by the plaintiff in the action; and in case judgment therein be for the plaintiff, it shall be for tne amount actually found due to the plaintiff, without interest there- on and without costs; and such judgment shall bear no interest after rendition. Sec. 4. It shall be the duty of the attorney-general to report to the legislature at its next ensuing session all final judgments recovered against the state hereunder, not theretofore reported. Sec. 5. This act shall take effect immediately. ACT 3793. An act to authorize suits against the state concerning certain real property, and regulating the procedure therein. [Approved March 8, 1901. Stats. 1901, p. 111.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. All persons having or claiming title to the whole or to any part of the following described real prop- erty, to wit: The fractions in the east half of section nineteen and the west half of section twenty, the northwest quarter of the northeast quarter and south half of the northeast quarter and the southeast quarter of section twenty and the south- west quarter of section twenty-one, being the land applied for and sold to A. H. Estell as a portion of the five-hundred- thousand-acre grant; also, the fractional northwest and 1222 STATE ANALYST. fractional northeast quarter of section twenty-eight, being the land applied for and sold to A. H. Estell as a portion of the ten-section grant; all being in township three south and range seven east, M. D. B. and M., Stanislaus County and state of California, and containing seven hundred and seventy -four and fifty-eight-hundredths acres: Are hereby authorized, on the terms and conditions herein contained, to bring suit against the state of Cali- fornia in any court of competent jurisdiction in said state to quiet title to said land or to any portion thereof, and to prosecute the same to final judgment. The rules of practice in civil cases relating to suits to quiet title shall apply to such suits as may be brought under this authoriza- tion, except as herein otherT>ase provided. Sec. 2. Any such suit to quiet title shall be commenced within one year after this act takes effect. Sec. 3. At the time of filing the complaint in any such suit, the plaintiff shall file therewith an undertaking, in such sum, not less than five hundred dollars, as a judge of the court shall fix, with two sufficient sureties, to be approved by the judge of the court, and conditioned that, in case the plaintiff fails to recover judgment quieting the title of such plaintiff, he will pay all costs incurred by the state in such suit, including a reasonable counsel fee to be fixed by the court. Sec. 4. Service of summons in such suit shall be made on the governor and attorney-general. It shall be the duty of the attorney-general to defend all such suits. Sec. 5. A certified copy of any decree rendered in any such action quieting title may be recorded in the oflice of the county recorder of Stanislaus County and shall there- after have the same effect as if such decree had been made in the superior court of said Stanislaus County. Sec. 6. This act shall take effect immediately. TITLE 461. ACT 379!). STATE ANALYST. To provide for analyzing the minerals, mineral waters and other liquids and the medicinal plants of the state of California and of foods and drugs to prevent the adul- teration of the same. [Stats. 1S85, p. 43.] In full in Appendix to Political Code, p. 1111. STATE CAPITOL— STATE GEOLOGICAL SURVEY. 1223 TITLE 462. ACT 3804. STATE CAPITOL. To provide for permanent location of seat of government at Sacramento. [Stats. 1854, p. 21.] Superseded by constitution, art. XX, sec. 1. ACT 3805. Authorizing issuance of state bonds for. [Stats. 1871-2, p. 694.] This act authorized the issuance of bonds to the amount of $250,000. ACT 3806. Employees at. [Stats. 1873-4, p. 937.] Amended 1880, 107; 1889. 449. TITLE 463. ACT 3S11. STATE ENGINEER. To provide a system of irrigation, promote rapid drain- age, and improve the navigation of the Sacramento and San Joaquin rivers. [Stats. 1877-8, p. 634.] Amended 1889, 328, chap. CCXVIII, which renders the statute Inoperative. This act created the office of state engineer. TITLE 464. ACT 3816. STATE FLOWER. An act to select and adopt the "golden poppy" as the state flower of California. [Approved March 2, 1903. Stats. 1903, p. 78.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The golden poppy (eschscholtzia) is hereby selected, designated, and adopted as the state flower of the state of California. Sec. 2. This act shall be in force and effect from and after its passage. TITLE 465. ACT 3831. STATE GEOLOGICAL SURVEY. Distribution of reports of. [Stats. 1871-2, p. 55.] Supplemented 1871-2, 924. 1224 STATE LANDS. TITLE 466. ACT 3826. STATE LANDS. An act providing for the presentation and cancellation of unlocated school land warrants of the state of Cali- fornia, issued under the act of the state of California, approved May 3, 1852, providing for the disposal of the five hundred thousand acres of land donated to the state of California by the government of the United States, and authorizing the controller of this state to draw his warrant on the state treasurer for the sum of two dollars per acre, in favor of any bona fide owner and holder of any such land warrant, for every acre represented by any such land warrant. [Approved March 23, 1893. Stats. 1893. p. 181.] ACT 3827. An act to provide for the applications for purcha.se of six- teenth and thirty-sixth sections, and to regulate the application for purchase of such sections, and requir- ing a deposit to accompany all applications for the purchase of the same. [Approved March 20, 1889. Stats. 1889, p. 434.] Purchase of sixteenth and thirty-sixth sections. Section 1. Every application to purchase any portion of the sixteenth and thirty-sixth sections shall be accom- panied by a deposit of twenty dollars, in addition to the fee for filing now required by law, for which the surveyor- general shall give the applicant a receipt, which receipt shall be accepted by the county treasurer in part payment of the purchase price of said land. If the applicant shall abandon or forfeit his said application, or shall fail to make proper proof as to the character of the said land, or as to his residence thereon, within the time allowed by law, or if his application shall be rejected by reason of any false statement in the affidavit herein contained, the twenty dollars thus paid shall go to the state school fund. If it is found that the surveyor-general erred in receiving the application, or that the state cannot make a good title to the land, then the applicant or his assigns may surrender to the surveyor-general the said receipt, and receive in exchange therefor a certificate showing the amount so paid, and the reason why the application could not be STATE LANDS. 1225 approved or perfected, and the controller, upon the sur- render to him of the said surveyor-general's certificate, shall issue to the applicant, or his assigns, a warrant for the said amount. Filings. Sec. 2. Any number of filings on any section of land is hereby permitted and allowed under the provisions of this act. Should the first filing be abandoned by the ap- plicant, the next filing on such section, in order, shall have the same right as if it had been the first filing. Moneys to go to school land deposit fund. Sec. 3. The moneys received by the surveyor-general under the provisions of this act, except the moneys for- feited under section one, shall be paid to the state treas- urer at the close of each month, and must be placed in a fund, to be called "School Land Deposit Fund," to the credit of the county in which the lands applied for are situated. When any moneys are placed in "The School Deposit Fund" to the credit of a county, the controller, at the next settlement with the controller by the treasurer of such county, must draw his warrant upon the state treasurer for the amount in the fund to the credit of tne county; provided, that the direction herein to the con- troller is exempted from the operations of section six hundred and seventy-tv/o of the Political Code. ACT 3S28. An act respecting the payment in full by holders of cer- tificates of purchase for lands sold by the state of California prior to March 27, 1872, and for which the said state has at any time heretofore issued certificates of purchase to subsequent purchasers. [Approved March 20, 1889. Stats. 1889, p. 428.] When holders of certificates of purchase of state lands deemed to have forfeited their rights therein. Section 1. Whenever application has been made to pur- chase land from this state, and payment only in part has been made to the treasurer of the proper county for the same, and a certificate of purchase has been issued to the applicant prior to the twenty-seventh day of March, eighteen hundred and seventy-two, and whenever such ap- Gen. Laws— 52 1226 STATE LANDS. plicant, his assignee or assignees, shall have failed for five years to pay to the state the arrears of principal or of interest due to the state for said land, and the state shall at any time heretofore have issued a certificate of purchase for the same land, or any part thereof, to a subsequent purchaser, then, unless the holder or holders of such prior certificate shall pay the entire residue of the interest remaining unpaid for such purchase within six months from and after the passage of this act, such holder or holders shall be deemed to have lost all right to the land described in said certificate, or to complete the pur- chase of such land, and all moneys heretofore paid to the state of California on such purchase shall be deemed and taken to be forfeited to the state. Nothing herein con- tained, however, shall be deemed or taken to give to or con- fer upon the holder or holders of such prior certificates, or any of them, as against the state of California, or any subsequent purchasers therefrom, or against 'the holders of subsequent certificates of purchase, any other or greater right to the lands herein referred to than is now held by the holder or holders of such prior certificates, or to confer upon such holder or holders any new right, or to affect or impair the rights of such subsequent purchasers or their assigns. Previous part payment confers no special rights — Does not apply. Sec. 2. The mere fact of previous part payment shall not of itself confer on such prior purchaser or his assigns any right to complete the purchase, if he or they be not otherwise entitled so to do, as against the state, and a subsequent purchaser or his assigns; provided, that this act shall not apply to any action now pending commenced within five years. Sec. 3. This act shall take effect from and after the date of its passage. In addition consult the following acts : ACT 3S29. Ceding to the United States of America jurisdiction over- all lands within this state which have been or rr>.ay hereafter be acquired by the United States for military purposes. [Approved March 2, 1897. Stats. 15&Y, p. 51.] STATE LANDS. 1227 ACT 3830. Ceding to the United States of America jurisdiction over lands in this state ceded to the United States. [Ap- proved March 31, 1891. Stats. 1891, p. 262.] ACT 3S31. Relinquishing to the United States of America the title of this state to certain lands. [Approved March 9, 1897. Stats. 1897, p. 74.] This act relinquished the title to tide lands adjacent to lands held by the United States for military purposes. ACT 3832. To authorize the governor and surveyor-general to sell and convey the state's interest in certain lands. [Ap- proved March 31, 1891. Stats. 1891, p. 251.] ACT 3833. To legalize applications heretofore made for the purchase of lands belonging to this state, and to confirm the title of the purchasers under such applications. [Ap- proved March 27, 1872. Stats. 1871-2, p. 622.] Cal.Rep.Cit. 69, 426; 69, 438; 75, 454; 117, 463. ACT 3834. For the relief of purchasers of state lands. [Approved March 27, 1872. Stats. 1871-2, p. 587.] Amended 1877-8, 914. Cal.Rep.Cit. 46, 26; 62, 259; 63, 30; 74, 112. ACT 3835. Entitled ''An act to enable purchasers of state lands to redeem the same, where their titles have been or may hereafter be foreclosed for non-payment of in- terest." [Approved March 7, 1881. Stats. 1881, p. 65.] Cal.Rep.Cit. 115, 333. ACT 3S3G. To provide for an examination into the sale and disposal of state lands. [Approved April 1, 1876. Stats. 1875-6, p. 798.] ACT 3837. To protect bona fide settlers upon public lands. [Approved March 23, 1874. Stats. 1873-4, p. 543.] Cal.Rep.Cit. 105, 150; 10.^), 151. 1228 STATE LIBRARY— STATES PRISONS. ACT 3838. To reserve from sale the north half of section sixteen In township seven south and range three east, Monte Diablo meridian. [Approved April 1, 1876. Stats. 1875-6, p. 679.] ACT 3839. For the protection of settlers on public lands claimed by the state. [Approved March 10, 1874. Stats. 1873-4, p. 327.] Amended 1881, 72. See Political Code, sees. 3441, 3443. TITLE 467. ACT 3844. STATE LIBRARY. State library, establishing cabinet department in. [Stats. 1871-2, p. 824.] "Further duties of librarian terminated by transfer of the mineral specimens to the mining bureau by senate concurrent resolu- tion No. 10 of March 4, 18S1 (1881, 102) ; transferred to Crocker Art Gallery, 1887, 74, chap. LX."— Code Commissioners' note. TITLE 468. ACT 3849. STATE PRINTER. Relating to. [Stats. 1871-2, p. 871.] Superseded by Political Code, sec. 540, subd. 4, relating to super- intendent of state printing. ACT 3850. State printing office, establishing. [Stats. 1871-2, p. 554.] Superseded and repealed by Political Code, sees. 526-540. TITLE 469. ACT 3855. STATE PRISONS. To define, regulate, and govern the state prisons of Cali- fornia. [Stats. 1880, p. 67.] Amended 1881, 79. Superseded by 1889, 404, chap. CCLXIV. ACT 3856. To regulate and govern. [Stats. 1889, p. 404.] This act is in full in the Penal Code, Appendix, p. 691. ACT 3857. Branch state prison near Folsom, erection and maintenance of. {Stats. 1873-4, p. 785.] Superseded by 1889, 404. This act is in full in the Appendix to the Penal Code, p. 705. STATE PRISONS. 1229 ACT 3858. Appropriating money for building work-shops and prison buildings at San Quentin. [Approved March 31, 1876. Stats. 1875-6, p. 643.] ACT 3859. Concerning the payment of the expenses and costs of the trial of convicts for crimes committed in the state prison, and to pay the costs of the trial of escaped con- victs, and to pay for the expense of coroner's inquests in said prison. [Stats. 1880, p. 43.] This act is in full in the Appendix to the Penal Code, p. 5SS. ACT 3860. Providing for the erection and operation of rock-crushing plants at the state prisons, for the preparation of high- way material for the benefit of the people of the state, and providing for the necessary advances and appro- priation of money to carry out said work. [Stats. 1895, p. 274.] In full in the Appendix to the Penal Code, p. 710. ACT 3sei. To regulate and govern the operation of the rock-crushing plant at Folsom, to provide for the sale of crushed rock and the disposition of the revenues derived there- from. [Stats. 1897, p. 99.] In full in the Appendix to the Penal Code, p. 713. ACT 3863. Directing the state prison directors of the state of Cali- fornia to employ at least twenty prisoners in the con- struction of roads to the state prisons at San Quentin and at Folsom. [Approved March 12, 1903. Stats. 1903, p. 127.] This act appears in full in Penal Code, Appendix, p. 719. ACT 38C3. To protect the public health, to prevent the introduction and spreading of disease, and to provide for the pro- tection of the health of criminals under sentence on a conviction of a misdemeanor. [Stats. 1883, p. 280.] In full in the Appendix to the Penal Code, p. 719. This act provided for the cutting of the hair of prisoners. ACT 3864. To prohibit the sale of ardent spirits within two miles of the state prison. [Stats. 1855, p. 108.] Superseded by Penal Code, sec. 172. 1230 STATE TREASURER— STATUTES. ACT 3S65. To authorize and empoTver the state board of prison direc- tors to purchase California-grown hemp, to be used in the manufacture of grain bags, and to fix the price at which such bags shall be sold. [Approved March 16, 1901. Stats. 1901, p. 515.] This act appears in full in Penal Code, Appendix, p. 716. ACT 3866. To establish a board of parole commissioners for the pa- role of and government of paroled prisoners. [Stats. 1893, p. 183.] Amended 1901, 82. In full in Appendix to Penal Code, p. 721, TITLE 470. ACT 3871. STATE TREASURER. To increase the number of clerks in the office of. [Stats. 18SD, p. 303.] Repealed 1895, 88. TITLE 471. Ar^rr. oo-^ STATUTE OF LIMITATIONS. Respecting limitation of actions. [Stats. 1871-2, p. 319.] Cal.Rep.Cit. 104, 486. Superseded by Code of Civil Procedure, sec. 348. This act appears in full in Code of Civil Procedure, Appendix, p. 786. It related to actions on bankers' certificates of deposit found after the decease of a party. ACT 3877. Defining time for commencing civil actions, supplementing act of April 22, 1850. [Stats. 1871-2, p. 401.] Codified and superseded by Code of Civil Procedure, sec. 348. This act appears in full in Code of Civil Procedure, Appendix, p. 787. It provided that there should be no limitation against banks and trust companies. TITLE 472. .^nn ,000 STATUTES. ACT 3882. To abolish all laws except those passed during the present session. [Stats. 1850, p. 342.] STEAMBOATS— STOCKTON. 1231 ACT 3883. Fixing the time -when general laws shall take effect. [Stats. 1860, p. 16. J Amended 1S61, 77. Superseded by Political Code, sec. 323. TITLE 473. ACT 3888. STEAMBOATS. To guard against the destruction of property by fire by means of sparks from the chimneys of steamboats navigating certain waters of this state. [Stats. 1857, p. 121.] This act required steamboats on the San Joaquin or Sacramento rivers to use spark catchers. It has been superseded by Political Code, sees. 237-1-2377. TiTLE 474. ACT 3894. ST. HELENA. Incorporating. [Stats. 1875-6, p. 444.] Amended 1S77-S, 791. Superseded by incorporating. In 1889, under the Municipal Corporation Act of 1883. TITLE 475. STOCKTON. ACT 3899. Reincorporating. [Stats. 1871-2, p. 595.] Amended 1873-4, 193, 439; 1S75-6. 523; 1877-8, 220. Super- seded by the charter of Stockton, 1S99, 577. ACT 3900. Assessor of, additional powers of. [Stats. 1877-8, p. 65.] Superseded by charter of Stockton, 1889, 514. ACT 3901. City council empowered to protect city from inundation. [Stats. 1875-6, p. 12.] Superseded by charter of that city, 1SS9, 577. ACT 3002. Empowering to excavate, widen, and open Mormon Slough. [Stats. 1871-2, p. 540.] "Probably superseded by charter of Stockton, sees. 146 to 164, Stats. 1889, 612."— Code Commissioners' note. 1232 STOCKTON SLOUGH— STREETS. ACT 3903. Ratifying ordinance No. 64. [Stats. 1877-8, p. 201.] This act authorized the receipt and disposal of certain lands. ACT 3904. To provide for ttie construction and maintenance of an open canal from and along North Street, to the San Joaquin River, for sanitary and drainage purposes, and to appropriate money therefor. [Approved March 12, 1887. Stats. 1887, p. 109.] The act authorized the directors of the insane asylum to con- struct the above canal. TITLE 476. ACT 3909. STOCKTON SLOUGH. Declaring navigable. [Stats. 1871-2, p. 117.] Superseded by Political Code, sec. 2349, as amended 1891, 96. TITLE 477. ACT 3914. STRAWBERRY VALLEY. Defining the locality of the village of Strawberry Valley. [Stats. 18G0, p. 115.] TITLE 478. ACT 3919. STREET RAILROADS. Concerning street railroads. [Stats. 1863, 296.] This act provided a penalty for overcharges, and required com- panies to furnish tickets. It iias been superseded by the Civil Code, sees. 504, 505. ACT 3920. Concerning street railroads. [Stats. 1869-70, p. 481.] Amended 1869-70, 786; 1871-2, 515. Probably superseded by Civil Code, sees. 497-523. Cal.Rep.Cit. 45, 371. TITLE 479. ACT 3925. STREETS. An act to provide for the planting, maintenance, and care of shade trees upon streets, lanes, alleys, courts, and places within municipalities, and of hedges upon the STREETS. 1233 lines thereof; also, for the eradication of certain weeds within city limits. [Approved March 11, 1893. Stats. 1893, p. 153.] Section 1. All streets, lanes, alleys, places, or courts in the municipalities of this state now open or dedicated, or which may hereafter be opened or dedicated, to public use, whose grade has been officially established, and which have been actually graded in conformity therewith, may be planted with shade trees, along the edges of the sidewalks thereof, by order of the city council, which shall have power, also, to provide for the maintenance and care of the same; and the city council shall have power to prescribe the height, thickness, and manner of trimming of all hedges set out, or that shall be hereafter set out, along the line of any street, lane, alley, place, or court dedicated to public use, whether graded or not, and to compel compliance with its ordinances in the premises by the owners or occupants of the lots fronting thereon. The powers hereby conferred upon city councils shall be exercised in the manner and under the proceedings here- inafter described. Sec. 2. The city council of any municipality in the state may, at its discretion, pass a resolution of intention to plant, or cause to be planted, with shade trees, any graded street, lane, alley, place, or court within the limits of such municipality. Such resolution of intention may embrace the entire length of any street, lane, alley, place, or court, or any portion thereof, but must specify the kind of trees to be planted, their size, age and their distance apart. The street superintendent shall thereupon cause to be conspicuously posted along both sides of the street men- tioned in the resolution at not more than three hundred feet in distance apart, notices of the passage of said reso- lution. Said notice shall be headed "Notice to plant shade trees," in letters not less than one inch in length, and shall, in legible characters, set forth the language of the resolution and the date of its passage. The city clerk shall also cause a copy of the resolution to be published for six days in one or more daily nev/spapers published and cir- culated in said city, and designated by said city council. Sec. 3. The owners of a majority of the frontage of the property on both sides of the street proposed to be planted 1234 STREETS. as aforesaid may, within ten days after the expiration of the time of publication of said resolution, file their writ- tea statement of objections to the proposed work with the city clerk, which must be signed by the objectors, each one writing after his or her name the number of feet frontage owned by him or her. Such objection must show wherein the parties making them will be injured or aggrieved by the proposed work, and if the objection be to the kind of trees proposed to be planted, they must name some other kind of tree to be substituted therefor. The city council shall, at its next meeting after the filing of said objections, fix a time for hearing the same, not less than one week thereafter. The city clerk shall thereupon notify each ob- jector, or his agent, who has signed his or her name to the statement, by depositing, in the postofiice of said city, a notice addressed to him or her, postage prepaid, notify- ing the objectors of the time and place of hearing. At the time specified, the council shall hear the objections urged, and pass upon the same, and its decision shall be final and conclusive, except that in the choice of trees to be planted, it shall be governed by the written request of the owners of a majority of the frontage on both sides of the street which it is proposed to plant. If the objections be sus- tained, no further proceedings shall be taken imder the resolution of intention for six months after :he date of its passage. If it be again proposed to plant the street, the council shall commence proceedings de novo as if no ac- tion had been previously taken. Sec. 4. At the expiration of ten days after the expira- tion of the time of publication of said resolution of inten- tion, if no written objections to the work therein described shall have been filed with the city clerk, as hereinbefore provided, otherwise, immediately upon the overruling of the objections by the council, the council shall be deemed to have acquired jurisdiction to order to be done the work which is authorized by this act, which order shall be pub- lished for two days in the same papers and manner as pro- vided for the publication of the resolution of intention. Sec. 5. Before passing any resolutions for the planting of any street, the city council shall cause notice, with speci- fications, to be posted conspicuously for five days near the door of the council chamber, and shall advertise the same for five days in the same manner and papers as hereto- STREETS. 1235 fore provided for the publication of the resolution of inten- tion, inviting sealed proposals for bids for furnishing the trees and doing the work ordered. All bids shall state the sum or price for which the bidder will undertake to fur- nish the trees, of the kind, age, and size required, and will suitably prepare the ground, set out the trees, warrant every one of them to grow, or replace all that fail to grow or receive damage from whatever cause with others of the same kind, and of suitable age and size to preserve uni- formity, and will for three years care for, cultivate, pro- tect, irrigate, and trim said trees. And no order for the planting of any street shade trees shall be made that does not likewise provide for the care and maintenance of the trees for three years by the contractor planting the trees. All proposals or bids shall be accompanied by a check payable to the order of the mayor or president of the city council, certified by a responsible bank, for an amount which shall not be less than ten per cent of the aggregate of the proposal. Said proposals or bids shall be delivered to the clerk of the city council, indorsed "Proposals to plant trees," and said council shall, in open session, examine and publicly declare the same; provided, that no proposal or bid shall be considered unless accompanied by said check. The council may reject all proposals, should it deem this for the public good, and shall reject the bid of any party who has been delinquent or unfaithful in any former contract v/ith the municipality, and may award the contract to the lowest responsible bidder, at the prices named in his bid, which award shall be approved by the mayor or president of the council. Notice of such awards of contract shall be posted and advertised for five days, in the manner hereiiibefore provided, and it shall be the duty of the superintendent of streets to enter into a con- tract with the bidder to whom the v/ork shall have been awarded by the council, and at the prices specified in his bid; whereupon the certified checks of all the other bid- ders shall be returned to them, respectively. But if such lowest bidder neglects, fails, or refuses, for fifteen days after the first posting and publication of the award, to enter into the contract, then the city council, without further proceedings, shall again advertise for proposals or bids, as in the first instance, and shall award the contract for said work to the then lowest bidder. If the contractor 1236 STREETS. who shall have taken any contract sliall not complete the planting, within the time limited in the contract, or within such further time as the council may give him, the super- intendent of streets shall report such delinquency to the council, which may relet the unfinished portion of the planting and the future care of the trees, after pursuing the formalities hereinbefore prescribed for the letting of the whole in the first instance. Sec. 6. All contractors shall, at the time of executing any contract for the planting and care of trees, execute a bond to the satisfaction of the maj'or or president of the city council, with two or more sureties, and payable to the city in such sums as the mayor or president of the council shall deem adequate, conditioned for the faithful perform- ance of the contract, and the sureties shall justify before the recorder or a justice of the peace, in double the amount mentioned in such bond, over and above all statutory ex- emption. Before being entitled to any contract, the bidder to whom the award shall have been made must pay into the city treasury the cost of the publication of notices, resolutions, and orders, and all other incidental expenses required under the proceedings prescribed by this act. Sec. 7. All work done under the provisions of this stat- ute shall be executed under the direction of the superin- tendent of streets, whose duty it shall be, under the general control of the council, to see that all the obligations as- sumed by contractors tovv-ards the city are faithfully com- plied with, and that all trees furnished are sound, healthy, free from infection by insects, and of the kind, size, and age called for by the contract. He shall certify to the com- pletion of all work, or portion of work, which, by the terms of the contract, shall entitle the contractor to payment in whole or in part, and the presentation of his certificate by the contractor shall ue a condition precedent to each payment that shall become due under the contract. Sec. 8. All sums due to contractors under the provisions of this act shall be payable by installments, as follows, to wit: Not more than one half the entire consideration in the contract shall be payable on the completion of the planting, and out of this amount the superintendent of streets shall see that the trees are paid for, to the party furnishing the same; one half the balance at the end of eighteen months after the completion of the planting; STREETS. 1237 provided, all conditions shall have been complied with; the remaining one half to be paid at the end of tnree years after the completion of the planting; provided, all con- ditions shall have been complied with. Sec. 9. Immediately upon the execution of any contract for the planting and care of street trees under the provis- ions of this act, it shall be the duty of the city assessor to make an assessment to cover the sum to become due for the work specified in such contract (including all incidental expenses) upon the lots and land fronting on the street, lane, alley, court, or place to which such contract relates, each lot or portion of a lot being separately assessed, in proportion to the frontage, at a rate per foot front sufficient to cover the total expenses of the work. Said assessment shall briefly refer to the contract, the work contracted for, and shall show the amount to be paid therefor, together with any incidental expenses, the rate per foot front assessed, the amount of each assessment, the name of the owner of each lot, if known to the assessor (if unknown, the word "Unknown" shall be written opposite the number or description of the lot, with the amount assessed there- on). And the assessor shall attach to said assessment a diagram, exhibiting the street, lane, alley, place, or court on which the work is contracted to be done, and showing the relative location and frontage of such lot, numbered to correspond with the numbers in the assessment. To said assessment shall be attached a warrant, which shall be signed by the superintendent of streets, and counter- signed by the mayor or presiuent of the council. The said assessments and warrants shall be separately issued for each payment that shall be due the contractor, as specified in section eight of this act, and shall be substantially in the following form: Form of the Warrant. By virtue hereof, I (name of the superintendent, of streets), of the city of , county of , and state of California, by virtue of the authority vested in me as said superintendent of streets, do authorize and empower (name of contractor), his agents or assigns, to demand and receive the several assessments upon the assessment and diagram hereto attached, and this shall be his warrant for the same. Date , . (Name of superintendent of streets.) 1238 STREETS. Countersigned by (name of mayor or president of coun- cil). Recorded (date , ). (Name of superintendent of streets.) Said warrant, assessment, and diagram shall be record- ed in the oflBce of the superintendent of streets. "When so recorded, the several amounts assessed shall be a lien upon the lands, lots, or portions of lots, assessed, respect- ively, for the period of two years from the date of said recording, unless sooner discharged. From and after the date of said record, all persons interested in any man- ner in any or all of the lots assessed shall be deemed to have notice of the contents of said record. Sec. 10. After said warrant, assessment, and diagram shall have been recorded, the same shall be delivered to the contractor, his agents or assigns, on demand, who shall thereby be authorized to demand and receive the amounts of the several assessments. In default whereof, and as regards enforced collections, interest, cost, and penalties, and the correction of errors, the same proceed- ings are to be had as are specified in sections nine, ten, eleven, twelve, sixteen, and seventeen of an act entitled "An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities," approved March eigh- teenth, eighteen hundred and eighty-five, amended March fourteenth, eighteen hundred and eighty-nine. Sec. 11. The city council of every municipality in this state has jurisdiction of the hedges and fences placed by property owners along street lines, and may, by ordinance, prohibit the planting of thorn-bearing hedges and the use of barbed-wire along street lines, and may regulate the height, width, and the mode of trimming hedges, and enforce ordinances enacted for such purposes against absentees, or other negligent or recusant owners or occupants of lots or lands on which hedges are maintained. They may also condemn as public nuisances, any or all weeds whose seeds are of a winged or downy nature, and are spread by the winds, and may compel the eradication of such weeds by the owners of the lots whereon they grow, or at their expense. Sec. 12. The city council or trustees of every munici- pality shall provide for the replacement of missing trees. STREETS. 1239 and for the trimming and care of all trees that have or shall have been planted for three or more years in the streets and highvi^ays, whether such planting shall have been done under this act or otherwise; the expense where- of must be defrayed out of the street fund, and the work be done by the superintendent of streets of such munici- pality. Sec. 13. This act shall only apply to such municipalities as shall by vote of the electors residing therein determine to come within its provisions. Sec. 14. This act shall take effect from and after its passage. ACT 392G. To provide for the improvement of streets, etc., and the construction of sewers within municipalities. [Stats. 1883, p. 32.] Repealed 1885, 165. Cal.Rep.Cit. 69. 473; 73, 75; 73, 85; 98, 618. ACT 3927. An act to provide for laying cait, opening, extending, widen- ing, straightening, or closing up in whole or in part any street, square, lane, alley, court, or place within municipalities, and to condemn and acquire any and all land and property necessary or convenient for that purpose. [Approved March 6, 1889. Stats. 1889, p. 70.] Repealed as to cities over 40,000, act 3931, post. Cal.Rep.Cit. 86, 39; 95,458; 97, 13; 98,616; 99,540; 100, 435; 101, 19; 101, 23; 101, 508; 101, 511; 102, 517; 104, 307; 109, 51; 115, 558; 119, 165; 124, 277; 124, 336; 124, 340; 124, 505; 125, 640; 127, 665; 132, 236; 133, 6. Laying out, opening, closing, etc., streets, lanes, alleys, etc. Section 1. Whenever the public interest or convenience may require, the city council of any municipality shall have full power and authority to order the opening, ex- tending, widening, straightening, or closing up in whole or in part of any street, square, lane, alley, court, or place within the bounds of such city, and to condemn and ac- quire any and all land and property necessary or con- venient for that purpose. Resolution of council declaring intention to perform street work. Sec. 2. Before ordering any work to be done or im- 1240 STREETS. provement made which is authorized by section one of this act, the city council shall pass a resolution declaring its intention to do so, describing the work or improvement, and the land deemed necessary to be taken therefor, and specifying the exterior boundaries of the district of lands to be affected or benefited by said work or improvement, and to be assessed to pay the damages, cost, and expenses thereof. Street superintendent to post notice. Sec. 3. The street superintendent shall then cause to be conspicuously posted along the line of said contemplated work or improvement, at not more than three hundred feet in distance apart, but not less than three in all, notices of the passage of said resolution. Said notice shall be headed "Notice of Public Work," in letters not less than one inch in length, shall be in legible characters, state the fact of passage of the resolution, its date, and, briefly, the work or improvement proposed, and refer to the resolu- tion for further particulars. He shall also cause a notice, similar in substance, to be published for a period of ten days in one or more daily newspapers published and cir- culated in said city, and designated by said city council; or if there is no daily newspaper so published and circu- lated in said city, then by four successive insertions in a weekly or semi-weekly newspaper, so published, circulated, and designated. Interested persons may file objections. Sec. 4. Any person interested objecting to said work or improvement, or to the extent of the district of lands to be affected or benefited by said work or improvement, and to be assessed to pay the cost and expenses thereof, may make written objections to the same within ten days after the expiration of the time of the publication of said notice, which objection shall be delivered to the clerk of the city council, who shall indorse thereon the date of its reception by him, and at the next meeting of the city council after the expiration of said ten daj's lay said objec- tions before said city council, which shall fix a time for hearing said objections, not less than one week thereafter. The city clerk shall thereupon notify the persons making such objections, by depositing a notice thereof in the STREETS. 1241 post-office of said city, postage prepaid, addressed to such objector. Decision of council to be final. Sec. 5. At the time specified or to which the hearing may be adjourned, tlie said city council shail hear the objections urged, and pass upon the same, and its de- cision shall be final and conclusive. If such objections are sustained, all proceedings shall be stopped, but proceed- ings may be again commenced at any time by giving notice of intention to do said work or make said impi'ovement. If such objection is overruled by the city council, the pro- ceedings shall continue the same as if such objection had not been made. At the expiration of the time prescribed during which objections to said work or improvement may be made, if no objections shall have been made, or if an objection shall have been made, and said council, after hearing, shall have overruled the same, the city council shall be deemed to have acquired jurisdiction to order any of the work to be done, or improvements to be made, which is authorized by section one of this act. Jurisdiction. Sec. 6. Having acquired jurisdiction as provided in the preceding section, the city council shall order said work to be done, and unless the proposed work is for closing up, and it appears that no assessment is necessary, shall appoint three commissioners to assess benefits and dam- ages, and have general supervision of the proposed work or improvement until the completion thereof in compliance with this statute. For their services, they shall receive such compensation as the city council may determine from time to time; provided, that such compensation shall not exceed two hundred dollars per month each, nor con- tinue more than six months, unless extended by order of the city council. Such compensation shall be added to and be chargeable as a part of the expenses of the work or improvement. Each of said commissioners shall file with the clerk of the city council an affidavit, and a bond to the state of California in the sum of five thousand dollars, to faithfully perform the duties of his office. The city council may at any time remove any or all of said commissioners for cause, upon reasonable notice and hearing, and may fill any vacancies occurring among them for any cause. 1242 STREETS. Commissioners to employ assistance. Sec. 7. Said commissioners sliall have power to employ such assistance, legal or otherwise, as they may deem necessary and proper; also to rent an office, and provide such maps, diagrams, plans, books, stationery, fuel, lights, postage, expressage and incur such incidental expenses as they may deem necessary. Expenses to be a charge upon the particular work re- quired. Sec. 8. All such charges and expenses shall be deemed as expenses of said work or improvement, and be a charge only upon the funds devoted to the particular work or improvement as provided hereinafter. All payments, as well for the land and improvements taken or damaged, as for the charges and expenses, shall be paid by the city treasurer, upon warrants drawn upon said fund from time to time, signed by said commissioners, or a majority of them. All such warrants shall state whether they are issued for laud or improvements taken or damaged, or for charges and expenses, and that the demand is payable only out of the money in said fund, and in no event shall the city be liable for the failure to collect any assess- ment made by virtue hereof, nor shall said warrant be payable out of any other fund, nor [be] a claim against the city. Viewing of land — Examination of witnesses. Sec. 9. Said commissioners shall proceed to view the lauds described in the resolution of intention, and may examine witnesses on oath to be administered by any one of them. Having viewed the land to be taken, and the improvements affected, and considered the testimony pre- sented, they shall proceed with all diligence to determine the value of the land and the damage to improvements and property affected, and also the amount of the expenses incident to said work or improvement, and having deter- mined the same shall proceed to assess the same upon the district of lands declared benefited, the exterior boundaries of which were fixed by the resolution of intention provided for by section two hereof. Such assessment shall be made upon the lands within said district in proportion to the benefit to be derived from said work or improvement, so far as the said commissioners can reasonably estimate STREETS. 1243 the same, including in such estimate the property of any railroad company within said district, if such there be. Report to council accompanied with a plat of the assess- ment district. Sec. 10. Said commissioners having made their assess- ment of benefits and damage, shall, with all diligence, make a written report thereof to the city council, and shall accompany their report v/ith a plat of the assessment district showing the land taken or to be taken for the work or improvement, and the lands assessed, showing the relative location of each district, block, lot, or portion of lot, and its dimensions, so far as the commissioners can reasonably ascertain the same. Each block and lot, or portion of lot, taken or assessed, shall be designated and described in said plat by an appropriate number, and a reference to it by such descriptive number shall be a sufficient description of it in any suit entered to con- demn, and in all respects. When the report and plat are approved by the city council, a copy of said plat, ap- propriately designated, shall be filed by the clerk thereof in the office of the recorder of the county. Report, what must specify. Sec. 11. Said report shall specify each lot, subdivision, or piece of property taken or injured by the widening or other impi-ovement, or assessed therefor, together with the name of the owner or claimants thereof, or of persons interested therein as lessees, incumbrancers, or otherwise, so far as the same are known to such commissioners, and the particulars of their interest, so far as the same can be ascertained, and the amount of value or damage, or the amount assessed, as the case may be. When set down to unknown owners. Sec. 12. If in any case the commissioners find that conflicting claims of title exist, or shall be in ignorance or doubt as to the ownership of any lot of land, or of any improvements thereon, or of any interest therein, it shall be set down as belonging to unknown owners. Error in the designation of the owner or owners of any land or im- provements, or of the particulars of their interest, shall not afiect the validity of the assessment or of the con- demnation of the property to be taken. 1244 STREETS. Filing of report and plat, and publication of. Sec. 13. Said report and plat shall be filed in the clerk's office ot the city council, and thereupon the clerk of said city council shall give notice of such filing by publication for at least ten days in one or more daily newspapers pub- lished and circulated in said city; or if there be no daily paper, by three successive insertions in a weekly or semi- weekly newspaper so published and circulated. Said no- tice shall also require all persons interested to show cause, if any, why such repoi't should not be confirmed, before the city council on or before a day fixed by the clerk thereof, and stated in said notice, which day shall not be less than thirty days from the first oublication thereof. Objections must be in writing. Sec. 14. All objections shall be in writing, and filed with the clerk of the city council, who shall, at the next meeting after the day fixed in the notice to show cause, lay the said objections, if any, before the city council, which shall fix a time for hearing the same, of which the clerk shall notify the objectors in the same manner as objectors to the original resolution of intention; at the time set, or at such other time as the hearing may be adjourned to, the city council shall hear such objections and pass upon the same; and at such time, or, if there be no objections, at the first meeting after the day set in such order to show cause, or such other time as may be fixed, shall proceed to pass upon such report, and may confirm, correct, or modify the same, or may order the commissioners to make a new assessment, report, and plat, which shall be filed, notice given, and hearing had, as in the case of an original report. Duty of clerk of council. Sec. 15. The clerk of said city council shall forward to the street superintendent of the city a certified copy of the report, assessment, and plat, as finally confirmed and adopted by the city council. Such certified copy shall thereupon be the assessment roll. Immediately upon re- '"eipt thereof by the street superintendent, the assessment tnerein contained shall become due and payable, and shall be a lien upon all the property contained or de- scribed therein. STREETS. 1245 Duty of superintendent of streets on receiving certified copy of report as confirmed by council. Sec. 16. Thie superintendent of streets shall thereupon give notice by publication for ten days in one or more daily newspapers published and circulated in such city or city and county, or by two successive insertions in a weekly or semi-weelvly newspaper so published and circulated, that he has received said assessment roll, and that all sums levied and assessed in said assessment roll are due and payable immediately, and that the payment of said sums is to be made to him within thirty days from the date of the first publication of said notice. Said notice shall also contain a statement that all assessments not paid before the expiration of said thirty days will be declared to be delinquent, and that thereafter the sum of five per cent upon the amount of each delinquent assessment, together with the cost of advertising each delinqueut assessment, will be added thereto. When payment of any assessment is made to said superintendent of streets, he shall write Che word "Paid," and the date of payment, opposite the respective assessment so paid, and the names of persons by or for whom said assessment is paid, and shall, if so required, give a receipt therefor. On the expiration of said thirty days, all assessments then unpaid shall be and become delinquent, and said supei'intendent of streets shall certify such fact at the foot of said assessment roll, and shall add five per cent to the amount of each assessment so delinquent. The said superintendent of streets shall, within five days from the date of said delinquency, proceed to advertise and collect the various sums delinquent, and the whole thereof, including the cost of advertising, which last shall not exceed the sum of fifty cents for each lot, piece, or parcel of land separately assessed, by the sale of the assessed property in the same manner as is or may be provided for the collection of state and county taxes; and after the date of said delinquency, and before the time of such sale herein provided for, no assessment shall be received unless at the same time the five per cent added thereto, as aforesaid, together with the costs of advertising then already incurred, shall be paid therewith. Said list of delinquent assessments shall be published daily for five days in one or more daily newspapers published and circulated in such city, or by at least one insertion in 1246 STREETS. a weekly newspaper so published and circulated, before the day of sale of such delinquent assessment. Said time of sale must not be less than seven days from the date of the first publication of said delinquent assessment list, and the place must be in or in f r j/it of the office of said superintendent of streets. All property sold shall be subject to redemption in the same time and manner as in sales for delinquent state and county taxes; and the superintendent of streets may collect for each certificate fifty cents, and for each deed one dollar. All provisions of the law, in reference to the sale and redemption of property for delinquent state and county taxes in force at any given time, shall also then, so far as the same are not in conflict with the provisions of this act, be applicable to the sale and redemption of property for delinquent assessments hereunder, including the issuance of certificates and execution of deeds. The deed of the street superintendent made after such sale, in case of failure to redeem, shall be prima facie evidence of the regularity o£ all proceedings hereunder, and of title in the grantee. It shall be conclusive evidence of the necessity of taking or damaging the lands taken or damaged, and of the correctness of the compensation awarded therefor. The superintendent of streets shall, from time to time, pay over to the city treasurer all moneys collected by him on account of any such assessments. The city treasurer shall, upon receipt thereof, place the same in a separate fund, designating such fund by the name of the street, square, lane, alley, court, or place for the widening, open- ing, or other improvement of which the assessment was made. Payments shall be made from said fund to the parties entitled thereto, upon warrants signed by the commissioners, or a majority of them. Payments for land and improvements, when and how made. Sec. 17. When sufficient money is in the hands of the city treasurer, in the fund devoted to the proposed work or improvement, to pay for the land and improvements taken or damaged, and when in the discretion of the com- missioners, or a majority of them, the time shall have come to make payments, it shall be the duty of the com- missioners to notify the owner, possessor, or occupant of any land or improvements thereon to whom damages shall STREETS. 1247 have been awarded, that a warrant has been drawn for the payment of the same, and that he can receive such warrant at the office of such commissioners upon tendering a conveyance of any property to be talven; such notifica- tion, except in the case of unknown owners, to be made by depositing a notice, postage paid, in the postoffice, addressed to his last known place of abode or residence. If at the expiration of thirty days after the deposit of such notice, he should not have applied for such warrant, and tendered a conveyance of the land to be taKen, the warrant so drawn shall be deposited with the county treas- urer, and shall be delivered to such owner, possessor, or occupant, upon tendering a conveyance as aforesaid, un- less judgment of condemnation shall be had, when the same shall be canceled. Proceedings to condemn on refusal to accept payment. Sec. 18. If any owner of land to be taken neglects or refuses to accept the warrant drawn in his favor, as afore- said, or objects to the report as to the necessity of taking his land, the commissioners, with the approval of the city council, may cause proceedings to be taken for the con- demnation thereof, as provided by law under the right of eminent domain. The complaint may aver that it is necessary for the city to take or damage and condemn the said lands, or an easement therein, as the case may be, without setting forth the proceedings herein provided for, and the resolution and ordinance ordering said work to be done shall be conclusive evidence of such necessity. Such proceeding shall be brought in the name of the mu- nicipality, and have precedence so far as the business of the court will permit; and any judgment for damages therein rendered shall be payable out of such portion of the special fund as may remain in the treasury, so far as the same can be applied. At any time after trial and judgment entered, or preceding an appeal, the court may order the city treasurer to set apart in the city treasury a sufficient sum from the fund appropriated to the particu- lar improvement to answer the judgment and all damages, and thereupon may authorize and order the municipality to enter upon the land and proceed with the proposed work and improvement. In case of a deficiency in said fund to pay the whole of such judgment and damages, the city council may, in their discretion, order the balance 124S STREETS. thereof to be paid out of the general fund of the treasury or to be distributed by the commissioners over the prop- erty assessed by a supplementary assessment; but in the last-named case, in order to avoid delay, the city council may advance such balance out of any appropriate fund in the treasury, and reimburse the same from the collec- tions of the assessment. Pending the collection and pay- ment of the amount of the judgment and damages, the court may order such stay of proceedings as may be necessary. Duty of treasurer on payment of warrants. Sec. 19. The treasurer shall pay such warrants out of the appropriate fund, and not otherwise, in the order of their presentation; provided, that warrants for land or improvements taken or damaged shall have priority over warrants for charges and expenses, and the treasurer shall see that sufficient money is and remains in the fund to pay all warrants of the first class before paying any of the second. Supplementary assessments, when may be ordered. Sec. 20. If after the sale of the property for delinquent assessments there should be a deficiency, and there should be unreasonable delay in collecting the same, or if for the purpose of equalizing the assessments supplying a deficiency, or for any cause it appear desirable, the com- missioners may so report to the city council, who may order them to make a supplementary assessment and re- port the same in manner and form as the original, and subject to the same procedure. If by reason of such sup- plementary assessment, or for any cause, there should be at any time a surplus, the city council may appropriate the same and declare a dividend pro rata to the parties pay- ing the same, and they, upon demand, shall have the right to have the amount of such pro rata dividends refunded to them, or credited upon any subsequent assessment for taxes made against said parties in favor of said city. Proceedings to settle defective title. Sec. 21. If any title attempted to be acquired by virtue of this act shall be found to be defective from any cause, the city council may again institute proceedings to acquire the cause as in this act provided, or otherwise, or may authorize the commissioners to purchase the same and in- STREETS. 1249 elude the cost thereof in a supplementary assessment as provided in the last section. Proceedings when boundaries of districts of lands affect the whole city. Sec. 22. If the city council deem it proper that the boundaries of the districts of lands to be affected and assessed to pay the damages, cost, and expenses of any work or improvement under this act, shall include the whole city, then the commissioners appointed shall pro- ceed in a summary manner to purchase the lands to be taken or condemned from the owners and claimants there- of. If said commissioners and the owners and claimants cannot agree upon the price to be paid for said lands, they shall proceed to viev/ and value the same, and shall thereupon make a summary report to the city council. Upon final confirmation of the report, the city council, if there be not sufficient money available in the city treas- ury, shall cause the cost and expenses of the contemplated public improvement to be assessed upon the whole of the taxable property of said city, and to be included in and form part of the next general assessment roll of said city, and with like effect in all respects as if the same formed a part of the city, state, and county taxes; and when the same shall have been collected the said city council shall cause the land required to be paid for or the value thereof tendered, and the said contemplated public improvement to be forthwith made and completed. All the provisions of the preceding sections not in conflict with this section shall be applicable thereto. Use of words "work" and "improvement." Sec. 23. 1. The words "work" and "improvement," as used in this act, shall include all work mentioned in sec- tion one of this act. Notices to be posted when publication cannot be had. 2. In case there is no daily or weekly or semi-weekly newspapers printed and circulated in the city, then such notices as are herein required to be published in a nev/s- paper shall be posted and kept posted for the length of time required herein for the publication of the same in a weekly newspaper, in three of the most public places in such city. Proof of the publication or posting of any notice provided for herein shall be made by affidavit of Gen. Laws — 03 1250 STREETS. the owner, publisher or clerk of the newspaper or of the poster of the notice. Construction of words "municipality" and "city." 3. The word "municipality" and the word "city" shall be understood and so construed as to include all corpora- tions heretofore organized and now existing, or hereafter organized, for municipal purpose. Construction of terms "street superintendent" and "super- intendent of streets." 4. The terms "street superintendent" and "superintend- ent of streets," as used in this act, shall be understood and so construed as to include, and are hereby declared to in- clude, any person or officer whose duty it is, under the law, to have the care or charge of the streets, or the im- provement thereof, in any city. In all those cities where there is no street superintendent or superintendent of streets, the city council thereof is hereby authorized and empowered to appoint a suitable person to dischai'ge the duties herein laid down as those of street superintendent or superintendent of streets; and all the provisions hereof applicable to the street superintendent or superintendent of streets shall apply to such persons so appointed. Construction of term "city council." 5. The term "city council" is hereby declared to include any body or board which, under the law, is the legislative department of the government of any city. Construction of terms "clerk" and "city clerk." 6. The terms "clerk" and "city clerk," as used in this act, is hereby declared to include any person or officer who shall be clerk of said city council. Construction of terms "treasurer" and "city treasurer." 7. The term "treasurer" or "city treasurer," as used in this act, shall include any person or officer who shall have charge and make payment of the city funds. 8. No publications or notice other than that provided for in this act shall be necessary to give validity to any proceedings had thereunder. Proceedings commenced before passage of this act to be continued by resolution of council. Sec. 24. Th*e proceedings and any work or improve- ment, such as is provided for in this act, already com- STREETS. 1251 menced, and now progressing under any other act now in force, or by virtue of any ordinance passed by any city council or board of supervisors of any city, county, or city and county, by virtue of any other act now in force, may, from any stage of such proceedings already commenced and now progressing, be continued under this act by reso- lution of the city council. The said work or improvement may then be conducted under the provisions of this act with full force and effect in all respects, from the stage of such proceedings under such other acts or ordinances at and from which such resolution shall declare an elec- tion or intention to have said work or improvement cease under such other act or ordinance, and continue under this act; and from such election so made, all proceedings theretofore had under such other act or ordinance are hereby ratified, confirmed, and made valid, and it shall be unnecessary to renew or conduct over again proceed- ings had under such other act or ordinance. This section shall not apply to any work or improvement, proceedings in which were commenced more than eighteen months prior to the passage of this act. Act to be liberally construed. Sec. 25. The provisions of this act shall be liberally construed to promote the objects thereof. This act shall take effect and be in force from and after its passage. ACT 3928. An act to provide for the laying out, opening, extending, widening, or straightening, in whole or in part, of public streets, squares, lanes, alleys, courts, and places, within municipalities, for the condemnation of prop- erty necessary or convenient for such purposes, and for the establishment of assessment districts and the assessment of property therein to pay the expense of such improvement. [Approved March 24, 1903. Stats. 1903, p. 376.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever the public interest or convenience may require, the city council of any municipality shall have full power and authority to order the laying out, opening, extending, widening, or straightening, in whole or in part, of any public street, square, lane, alley, court, or 1252 STREETS. place within such municipality, and to acquire, by con- demnation, any and all property necessary or convenient for that purpose. Sec. 2. Before ordering any improvement to be made, which is authorized by section one of this act, the city council shall pass an ordinance declaring its intention to do so, describing the improvement, and the land necessary or convenient to be taken therefor, and specifying the boundaries of the district to be benefited by said improve- ment, and to be assessed to pay the expense thereof, and to be known as the assessment district. Sec. 3. The street superintendent shall thereupon cause to be conspicuously posted along all streets and parts of streets within the assessment district described in said ordinance, at not more than three hundred feet in dis- tance apart, notices (not less than three in all) of the passage of said ordinance. Said notices shall be headed, "Notice of Public Work," in letters not less than one inch in length, shall be in legible characters, and shall state the fact and date of the passage of said ordinance, and briefly describe the improvement proposed, and refer to said ordinance for further particulars. He shall also cause a notice similar in substance to be published for a period of five days, in a daily newspaper published and circulated in said municipality, and designated by said city council for that purpose, or if there is no such daily newspaper, then by four successive insertions in a weekly newspaper so published, circulated, and designated. Sec. 4. Any person interested, objecting to said im- provement, or to the extent of the assessment district described in said ordinance of intention, may file a written protest with the clerk of the city council, within thirty days after the first publication of the notice required by section three of this act. The clerk shall indorse on every such protest the date of its reception by him, and, at the next regular meeting of the city council after the ex- piration of the time for filing protests, shall present to said city council all protests so filed with him. If such protests are against the said improvement, and said city council finds that the same are signed by the owners of a majority of the frontage of the property fronting on streets or parts of streets within said assessment district, all further proceedings under said ordinance of intention STREETS. 1253 shall be barred, and no new ordinance of intention for the same improvement shall be passed within six months after the presentation of such protests to the city council, un- less the owners of a majority of the frontage of the prop- erty fronting on streets or parts of streets within said assessment district shall in the mean time petition there- for. If such protests are against the improvement, and the council finds that they are not signed by the owners of a majority of the frontage of the property fronting on streets or parts of streets within the assessment district, or if such protests are only against the extent of the assessment district, the council shall hear said protests at said meeting, or at any time to which the hearing thereof may be adjourned, and pass upon the same, and its decision shall be final and conclusive. If such protests are sustained, no further proceedings shall be had under said ordinance of intention, but a new ordinance of in- tention for the same improvement may be passed at any time. If such protests are denied, the proceedings shall continue as if such protests had not been made. At the expiration of the time within which protests may be filed, if none are filed, or if protests are filed, and after hearing are denied, as above provided, then upon such denial, the city council shall acquire jurisdiction to order the improvement described in the ordinance of intention. Sec. 5. Having acquired jurisdiction, the city council, shall, by ordinance, order said improvement to be made, and direct an action to be brought by the city attorney, in the proper superior court, in the name of the municipality, for the condemnation of the property necessary or con- venient to be taken therefor. Such ordinance need not describe the property to be taken, nor the assessment district, but may refer to the ordinance of intention for all particulars. Sec. 6. Said action must be brought within sixty days after the passage of the ordinance ordering the improve- ment, but the council may, by ordinance, extend the time for the bringing of such action. Said action shall, in all respects, be subject to and governed by such rviles of the Code of Civil Procedure now existing, or that may be here- after adopted, as may bs applicable thereto, except in the particulars otherwise provided for in this act. Sec. 7. The complaint shall set forth, or state the efiiect 1254 STREETS. of, the ordinance of intention, and the ordinance ordering the improvement, but need not set up any ocher proceed- ings had before the bringing of the action. Said ordinances shall be conclusive evidence, in such action, of the public necessity of the proposed improvement, and also that the same is located in the manner which will be most compati- ble with the greatest public good and the least privace injury. Sec. 8. If a jury is v/aived by the defendants, or any of them, the court must appoint three disinterested persons referees, to ascertain the compensation to be paid to such defendants waiving a jury. Such referees must be resi- dents of the municipality where such improvement is to be made, and over the age of twenty-one years, and must take and file with the court an oath to discharge their duties faithfully and impartially. If any of such referees fails to qualify, or resigns, or is, or becomes, unable to act, the vacancy so created shall be filled by the court. Sec. 9. The referees shall at once proceed to view the lands sought to be condemned, and ascertain the com- pensation proper to be paid to such of the parties interested in each parcel thereof as have waived a jury. They shall have power to examine witnesses under oath, to be ad- ministered by any of them, and may have subpoenas issued by the clerk of the court requiring the attendance of wit- nesses, or the production of evidence before them. They shall, as soon as practicable, make and file with the court a written report of their findings, and also of the number of days spent by them in the matter of such reference, and of their necessary expenses. Any two of such referees who agree thereto, may make such report. Sec. 10. The referees or jury, as the case may be, shall find separately: First — The value of each parcel of property sought to be condemned, and all improvements thereon pertaining to the realty, and of each separate estate or interest therein; Second — If any parcel of property sought to be con- demned is only a part of a larger parcel, the damages which will accrue to the portion not sought to be con- demned, and to each separate estate or interest tnerein, by reason of its severance from the portion sought to be condemned, and the construction of the improvement iu STREETS. 1255 the manner proposed by the plaintiff. Such damages must be fixed irrespective ol: any benefit from such improvement. Sec. 11. Upon the filing of such report, the court must, on motion of any party, appoint a day for hearing the same. Notice of the time and place of said hearing must be served on all the parties vi^ho have ansv/ered at least five days before the time appointed. At said hearing, any party to the action may appear and file his exceptions, in writing, to said report, and contest the same. After hearing the report, and any exceptions thereto, the court may confirm the report, or may mociify it and confirm it as modified, or may set it aside and order a new report, from the same referees, or from new referees to be ap- pointed. If nev/ referees are appointed, the same pro- ceedings shall be had as upon the first reference. Sec. 12. Upon confirmation of the report of the referees, and receipt of the verdict of the jury, the court shall make and enter an interlocutory judgment in accordance with such report and verdict, adjudging that upon pay- ment to the respective parties, or into court for their be:^efit, of the several amounts found due them, as com- pensation, and of the costs allowed to them, the property Involved in the action shall be condemned to the use of the plaintiff, and dedicated to the use specified in the com- plaint. The court shall allow to the referees, as costs to be paid by the plaintiff, a reasonable compensation for their services, not exceeding five dollars, each, for each day necessarily spent in the matter of the reference, and their necessary expenses. Sec. 13. An appeal may be taken from such interlocutory judgment within thirty days from the entry thereof, and from any order granting or denying a new trial within ten days after the entry thereof. Sec. 14. The city council may, at any time prior to the payment of the compensation awarded the defendants, abandon the proceedings, by ordinance, and cause the said action to be dismissed, without prejudice; and if any of the assessments levied to pay the expense of the improve- ment, as hereinafter provided, shall have been actually paid in money at the time of such abandonment, the same shall be refunded to the persons by whom they were paid. Sec. 15. Upon the entry of the interlocutory judgment, 1256 STREETS. the city council shall order the city engineer, or if there be no city engineer, anj' civil engineer whom it may employ for that purpose, to make and deliver to the street super- intendent, a diagram of the improvement and of the prop- erty within the assessment district described in the ordinance of intention. Said diagram shall show the land to be taken for the proposed improvement, and also each separate lot, piece, or parcel of land within the as- sessment district, and the dimensions of each such lot, piece, or parcel of land, and the relative location of the same to the proposed improvement. Sec. 16. The street superintendent, upon receiving tlie said diagram, shall proceed to assess the total expense of the proposed improvement upon and against the lands, including the property of any railroad, within said assess- ment district, except the land to be taken for such im- provement, in proportion to the beneiits to be received from said improvement. The total expense of tne improvement so to be assessed shall include the amounts awarded to the defendants by the interlocutory judgment in the action for condemnation, the compensation and expenses of the referees, as allo%ved by the court, and all other costs of the plaintiff in such action, the expenses of making the assessment, and all expenses necessarily incurred by said city, in connection with the proposed improvement, for maps, diagrams, plans, surveys, searches and certifi- cates of title to the property to be taken, and all other matters incident thereto. Sec. 17. The street superintendent shall make the said assessment in writing. Such assessment shall describe each lot, piece, or parcel of land assessed for said im- provement, and shall designate each such lot, piece, or parcel of land with an appropriate number. The street superintendent shall also designate each such lot, piece, or parcel of land on said diagram, with the number corre- sponding with the number thereof in said assessment, and said diagram shall thereupon be attached to and be- come and be deemed to be a part of said assessment. Such assessment shall show the total sum to be raised thereby, as hereinbefore provided, and also the items of such total sum, and opposite each lot, piece, or parcel of land assessed, the amount assessed thereon, and the name of the owner thereof, if known to the street superintend- STREETS. 1257 ent; or if the owner's name is unknown, the word "Un- known" shall be written instead of such name. Any error or mistake in the designation of the owner of any lot, piece, or parcel of land, or in the particulars of his interest therein, shall not affect the validity of the assessment. Sec. 18. As soon as said assessment is completed the street superintendent shall file the same, with the diagram attached thereto and made a part thereof as aforesaid, Avith the clerk of the council, who shall give notice of such filing by publication for, at least, ten days in a daily newspaper published and circulated in the city, or if there be no such daily newspaper, by three successive insertions in a weekly newspaper so published and circulated. Said notice shall require all persons interested to file with said clerk their objections, if any they have, to the con- firmation of said assessment, within thirty days after the date of the first publication of such notice, which date shall be stated in said notice. Sec. 19. All objections shall be in writing and shall be filed with said clerk within the time prescribed in the notice required by section eighteen hereof. The clerk shall, at the next regular meeting of the city council after the expiration of the time for filing objections, lay said assessment and all objections so filed with him, before the council; and said council shall hear all such objections at said meeting, or at any other time to which the hearing thereof may be adjourned, and pass upon such assessment, and may confirm, modify, or correct said assessment, or may order a new assessment, upon which like proceedings shall be had, as in the case of an original assessment; or if there be no objections, the council shall, at any regu- lar meeting after the expiration of the time for filing ob- jections, confirm such assessment, and the action of the council upon such objections and assessment shall be final and conclusive in the premises. Sec. 20. The clerk of the council shall thereupon de- liver to the street superintendent the assessment as con- firmed by the city council, with his certificate of such confirmation, and of the date thereof. The street super- intendent shall thereupon record such assessment and diagram in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, and such record shall be the assessment 1258 STREETS. roll. From the date of such recording all persons shall be deemed to have notice of the contents of such assess- ment roll. Immediately upon such recording, the several assessments contained in such assessment roll shall be- come due and payable, and each of such assessments shall be a lien upon the property against which it is made. Sec. 21. The owner of any property assessed, who is entitled to compensation under the award made by the interlocutory judgment, may, at any time after such as- sessment becomes payable, and before the sale of said property for non-payment thereof, as hereinafter provided, demand of the street superintendent that such assess- ment, or any number of such assessments, be offset against the amount to which he is entitled under said judgment. Thereupon, if said amount is equal to or greater than such assessments, including any penalties and costs due there- on, the assessments shall be marked "Paid by offset"; and if the said amount is less than the assessments, and any penalties and costs due thereon, the person demanding such offset shall at the same time pay the difference to the street superintendent in money, and the assessments shall, on such payment, be marked paid, the entry show- ing what part thereof is paid by offset and what part in money. In either case, as a condition of the offset, such person must execute to the city and deliver to the street superintendent duplicate receipts for such part of the amount due him under said interlocutory judgment as is offset against such assessments, penalties, and costs. One of said duplicate receipts shall be filed by the street super- intendent in his office, the other shall be filed with the clerk of the superior court, and on such filing, the city shall be entitled to a satisfaction pro tanto of said inter- locutory judgment. Sec. 22. The street superintendent shall, upon the re- cording of said assessment, give notice, by publication for ten days in a daily newspaper, published and circulated in such municipality, or by three successive insertions in a weekly newspaper, so published and circulated, that said assessment has been recorded in his office, and that all sums assessed therein are due and payable immediately, and that the payment of the said sums is to be made to him within thirty days after the date of the first publica- tion, which date shall be stated in the notice. Said notice STREETS. 1259 shall also contain a statement that all assessments not paid before the expiration of said thirty days will become delinquent, and that thereupon five per cent upon the amount of each such assessment will be added thereto. When payment of any assessment is made, the street su- perintendent shall mark opposite such assessment, the ■word, "Paid," the date of payment, and the name of the person by or for whom the same is paid, and shall. If so requested, give receipt therefor. On the expiration of said period of thirty days, all assessments then unpaid snail become delinquent, and the street superintendent shall cer- tify such fact at the foot of said assessment roll, and mark each such assessment "Delinquent," and add five per cent to the amount of each assessment delinquent. Sec. 23. The street superintendent shall, within ten days from the date of such delinquency, begin the pub- lication of a list of the delinquent assessments, which list must contain a description of each parcel of property de- linquent, and opposite or against each description, the name of the ov/ner as stated in the assessment roll, and the amount of the assessment, penalty, and costs due, including the cost of advertising, which last shall not ex- ceed the sum of fifty cents for each lot, piece, or parcel of land, separately assessed. The street superintendent shall append to and publish with said delinquent list a notice that unless each assessment delinquent, together with the penalty and costs thereon, is paid, the property upon which such assessment is a lien, will be sold at pub- lic auction at a time and place to be specified in the notice. The publication must be made for a period of ten days, in some daily newspaper published and circulated in the municipality, or for three weeks in a weekly newspaper so published and circulated. The time of sale must not be less than five days, nor more than ten days, after the expiration of the period of publication of said list, and the place of sale must be in, or in front of, the office of the street superintendent. Sec. 24. At any time after such delinquency, and prior to the sale of any piece of property assessed and delin- quent, any person may pay the assessment on such piece of property, together with the penalty, and costs then due, including the cost of advertising, if such payment is made after the first publication of the list of delinquent 1260 STREETS. assessments. The street superintendent shall thereupon mark such assessment "Paid," as hereinbefore provided. Sec. 25. On the day fixed for the sale, the street super- intendent must, at the hour of ten o'clock A. M. commence the sale of the property advertised, commencing at the head of the list, and continuing in the numerical order of lots or parcels of land until all are sold; provided, that he may postpone or continue the sale from day to day until all the property is sold. Each lot, piece or parcel of land separately assessed must be offered for sale sepa- rately, and the person who v/iil take the least quantity of land, and then and there pay the amount of the assess- ment, penalty, and costs due, including fifty cents to the street superintendent for a certificate of sale, shall become the purchaser. In case there is no purchaser, for any lot, piece or parcel of land so offered for sale, the same shall be struck off to the municipality, as purchaser, and the city council shall appropriate out of the general fund of the treasury, the amount required for such purchase, and shall order the city treasurer to place the same in the special fund for such improvement. No charge shall be made for the certificate of sale when the municipality is the purchaser. Sec. 26. After making the sale, the street superintend- ent must execute, in duplicate, a certificate of sale setting forth a description of the property sold, the name of the owner thereof, as given on the assessment roll, that said property was sold for a delinquent assessment, (specifying the improvement for which tiie same was made), the amount for which such property vvas sold, the date of sale, the name of the purchaser, and the time when the pur- chaser will be entitled to a deed. The street superin- tendent must file one copy of such certificate in his ofiice, and deliver the other to the purchaser, or if the munici- pality is the purchaser, to the clerk of the council, who shall file the same in his office. On the filing of the copy of such certificate in the office of the street superintendent, the lien of the assessment shall vest in the purchaser, and is only divested by a redempuon of the property, as in this act provided. The street superintendent shall also enter on the assessment roll, opposite the description of each piece of property offered for sale, a description of the part thereof sold, the amount for which the same STREETS. 1261 was sold, the date of the sale, and the name of the purchaser. Sec. 27. A redemption of any parcel of property sold for delinquent assessment may be made by any party in in- terest, at any time prior to the execution and delivery of a deed therefor, by paying to the street superintendent the amount for which the pi-operty v/as sold, and in addition thereto, ten per cent thereon if paid within three months from the date of sale; twenty per cent if paid within six months; thirty per cent if paid within nine months; forty per cent if paid within twelve months, or fifty per cent if paid at any time after twelve months. When redemption is made, the street superintendent shall note that fact on the duplicate certificate of sale on file in his office, and deposit the amount paid with the city treasurer, who shall credit the purchaser named in the certificate of sale with the said amount, and pay the same to such purchaser, or his assignee, upon the surrender of the certificate of sale, and upon satisfactory proof of assignment thereof, if any. When the municipality is the purchaser, the treasurer shall notify the clerk of the council of the redemption, and such clerk shall thereupon cancel the certificate of sale on file in his office. Sec. 28. At any time after the expiration of twelve months from the date of sale, the street superintendent must execute to the purchaser, or his assignee on his application, if such purchaser or assignee has complied with the provisions of this section, a deed of the property sold, in which shall be recited substantially the matters contained in the certificate, also any assignment thereof, and the fact that no person has redeemed the property. The street superintendent shall receive from the applicant for a deed, one dollar for making such deed, unless the municipality is the purchaser, in which case no charge shall be made therefor. The purchaser or his assignee must, at least thirty days before he applies for a aeed, serve upon the owner of the property, and upon the occu- pant of such property, if the same is occupied, a written notice, setting forth a description of the property that said property has been sold for a delinquent assessment (specifying the improvement for which the same was made), the amount for which it was sold, the amount neces- sary to redeem at the time of giving notice, and the time when such purchaser or assignee will apply to the street 1262 STREETS. superintendent for a deed. If the said owner cannot be found, after due diligence, said notice must be posted in a conspicuous place upon said property, at least tnirty days before the time stated therein, at which the application for a deed will be made. The person applying for a deed must file with the street superintendent an aflidavit or affidavits showing that notice of such application has been given, as herein required, and if the notice was not served on the owner of the property personally, that due dili- gence was used to find said owner; which afiidavit or affi- davits must be filed by the street superintendent in his office. If redemption of the property is made after such affidavits are filed, and more than eleven montns from the date of sale, the person making such redemption must pay, in addition to the other amounts required, three dollars for the service of notice and the making of such affidavits, which amount shall be paid over to the purchaser or his assignee in the same manner as other sums paid for re- demption. No deed for any property sold for delinquent assessment shall be made until the purchaser or his as- signee has complied with all the provisions of this section, and filed the proper affidavits with the street superinten- dent. Sec. 29. The deed of the street superintendent shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the execution thereof, and of title in the grantee. Sec. 30. The street superintendent shall, from time to time, pay over to the city treasurer all moneys collected by him on account of any assessments made under the pro- visions of this act. The city treasurer shall, on receipt thereof, place the same in a special fund, designating such fund by the name of the improvement for which the assess- ment was made. Sec. 31. As soon as there is sufficient money in the hands of the city treasurer, in the special fund devoted to the proposed improvement, to pay the amounts awarded to the defendants by the interlocutory judgment in the action of condemnation, or such parts thereof as have not been paid by offset against assessments, as hereinbefore provided, the said amounts shall be paid to the parties en- titled thereto, or into court for their benefit. On satisfactory proof being made to the court of payment of the amounts STREETS. 1263 awarded by the interlocutory judgment to the respective parties entitled thereto, or into court for their benefit, it shall direct the interlocutory judgment to be satisfied, and shall make and enter a final judgment, condemning the lands described in the complaint to the use of the plain- tiff for the purposes specified in such complaint. Sec. 32. In case of a deficiency in the fund for such improvement, the city council, in its discretion, may pro- vide for such deficiency by ah appropriation out of the general fund of the treasury, or by ordering a supplemen- tary assessment to be made by the street superintendent upon the property in said assessment district in the same manner and form, and subject to the same procedure as the original assessment, and in the last named case, in or- der to avoid delay, the city council may advance such de- ficiency out of the city treasury and reimburse the treasury from the collections under such supplementary assessment. In case of a surplus in the fund for such improvement, the city council may order such surplus refunded pro rata to the parties who paid the assessments. Sec. 33. The following words and phrases shall, where used in this act, have the following meanings: (1) The term "improvement," includes all the improve- ments mentioned in section one of this act. (2) The terms, "m-unicipality" and "city," include all incorporated cities, cities and counties, and other corpora- tions organized for municipal purposes. (3) The terms, "city council" and "council," include any body or board in which by law is vested the legislative pow- er of any municipality. (4) The terms, "clerk" and "city clerk," include any per- son or officer who acts as clerk of said city council. (5) The terms, "treasurer" and "city treasurer," in- clude any person or ofiicer who has charge and makes pay- ment of the city funds. (6) The term, "street superintendent," includes any per- son or officer whose duty it is by lav^^ to have the care or charge of streets or the improvement thereof, in any city. In any city where there is no street superintendent, the city council is hereby authorized to appoint a suitable person to discharge the duties of street superintendent, as provided in this act, and all the provisions hereof ap- 1264 STREETS. plicable to the street superintendent shall apply to the person so appointed. Sec. 34. In case there is no daily or weekly newspaper published and circulated in the city, then such notices and delinquent lists as are herein required to be published in a newspaper shall be posted in three of the most pub- lic places in such city, for the length of time required here- in for the publication of the same in a weekly newspaper. No publication or notice other than that provided in this act shall be necessary to give validity to any proceedings had thereunder. Sec. 35. Proof of publication of any notice required by this act shall be made by affidavit, as provided in the Code of Civil Procedure, and proof of the posting of any such notice shall be made by the affidavit of the person posting the same, setting forth the facts regarding such posting. It shall be the duty of any officer who is required by this act to have any notice published or posted, to obtain and file in his office the affidavit or affidavits in proof thereof; provided that his failure so to do shall not affect the valid- ity of any proceedings under this act. Any such affidavit so filed shall be prima facie evidence of the facts therein stated regarding such publication or posting. Sec. 36. This act shall in no wise affect an act entitled, "An act to provide for laying out, opening, extending, widening, straightening, or closing up, in whole or in part, any street, square, lane, alley, court, or place within municipalities, and to condemn and acquire any and all land and property necessary or convenient for that pur- pose," approved March 6, 1889, or amendments thereto, or any other acts on the same subject, or apply to proceedings had thereunder, but it is intended to and does provide an alternate system of proceedings for making the improve- ments provided for by this act; and it shall be within the discretion of the city council of any municipality to proceed in making such improvements, either under the provisions of this act, or under the provisions of such other acts; but when any proceedings are commenced under this act, the provisions of this act, and of such amend- ments thereof as may be hereafter adopted, and no other, shall apply to all such proceedings, and any provisions con- tained in said acts or any acts in conflict with the pro- visions hereof shall be void and of no effect as to the STREETS. 1265 proceedings commenced under the provisions of this act. The election of the city council to proceed under the pro- visions of this act shall be expressed in its ordinance of intention to order the work done. Sec. 37. The provisions of this act shall be liberally con- strued to promote the objects thereof. This act may be designated and referred to as the "Street Opening Act of 1903," and shall take effect and be in force upon its passage and approval. ACT 3929. An act to provide for local improvements upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities, such act to be known as "The Local Improvement Act of 1901." [Became a law under constitutional provision without governor's approval, February 26, 1901. Stats. 1901, p. 34.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. All streets, lanes, alleys, places, or courts in the municipalities of this state, now open or dedicated, or which may hereafter be opened or dedicated to public use, shall be deemed and be held to be open public streets, lanes, alleys, places, or courts, for the purposes of this act, and the legislative body of each municipality is hereby empowered to establish and change the grades of said streets, lanes, alleys, places, or courts, and fix the width thereof, and is hereby invested with jurisdiction to order to be done thereon any of the work mentioned in section two of this act, under the proceedings herein- after described. Sec. 2. Whenever the public interest or convenience may require, the legislative body is hereby authorized and empowered to order the whole, or any portion, either in length or width, of the streets, avenues, lanes, alleys, courts, or places of any such municipality graded or re- graded to the official grade, planked or replanked, paved or repaved, macadamized or remacadamized, graveled or re- graveled, piled or replied, capped or recapped, sewered or resewered, supplied or resupplied with drains for storm- water or other purposes, and to order sidewalks, park- 1266 STREETS. ways, manholes, catch-basins, culverts, cesspools, gutters, tunnels, curbing, and cross--R-aIlis to be constructed therein, or to order breakwaters, levees, or walls of rock, or other material, to protect the same from overflow or injury, and to order any other work to be done which shall be necessary to complete the whole or any portion of said streets, avenues, sidewalks, lanes, alleys, courts, or places, and it may order any of the said work to be improved, and also to order a sewer or sewers, with outlets, for drain- age or sanitary purposes, in, over, or through any right of way granted or obtained for such purpose; and to pro- vide for the maintenance of any such work- Sec. 3. Before ordering any work done or improvement made, which is authorized by section two of this act, the legislative body shall pass a resolution referring the pro- posed v^'ork to the city engineer, if there be one, and, if not, to some civil engineer employed by them for the pur- pose and named in the resolution, and instructing him to make to the legislative body a report in writing, contain- ing his recommoEdations as to the best method of doing said work or of making said improvement, to which re- port shall be attached the exhibits hereinafter referred to. Sec. 4. Thereafter, the said engineer shall file with the clerk of the municipality the report called for by section three above, and annex thereto the following exhib- its, to wit: 1. A description of the work to be done; said work may include one or more streets in the same proceeding; 2. A description of the exterior boundaries of the district which will be benefited by the proposed improvement and should be specially assessed to pay the cost thereof; 3. Plans, profiles, cross-sections and specifications of the work required in order to accomplish said improve- ment; 4. An estimate of the expense of said improvements, de- ducting therefrom the estimated cost of so much, if any, of said improvements as may be by law required to be done by railroads having tracks upon the streets affected; 5. A map showing the district above referred to, and also the subdivisions of the property within said district, as ascertained by said engineer, each of which subdivisions shall be given upon said map a separate number in red ink; STREETS. 1267 6. A list referring to the said subdivisions upon said map by the respective red inli numbers thereof, and show- ing the names of the owners, if known, otherwise desig- nating them as unknown, and the valuations of said respective subdivisions, as the same appear upon the last assessment roll of said municipality, if they so ap- pear. Otherwise as estimated by said engineer, also the dimensions, areas, and his estimates of the benefits which the respective parcels will receive from said improve- ment; 7. An estimate of all incidental expenses likely to be in- curred in connection with the work, such as clerical, en- gineering, inspection, printing and advertising. Sec. 5. After the report of the engineer provided for in the next preceding section has been filed with the clerk of the municipality, the legislative body of said munici- pality shall consider the same and shall have power, by resolution, to adopt the same as filed by said engineer, or as modified by the legislative body, and levy the assess- ment accordingly, but the same shall not constitute a lien until all parties interested have had an opportunity to be heard as hereinafter provided; in the same resolution the legislative body shall set forth the following: 1st. The rate of interest to be charged upon deferred payments; 2d. The time to be 'allowed upon deferred payments; 3d. The rate of interest to be allowed upon bonds issued to cover deferred payments; 4th. The time for which bonds issued to cover deferred payments are to run; 5th. The day and hour when and where any and all persons may appear before the legislative body and show cause, if any they have, why said improvement provided for in said resolution should not be carried out in accord- ance therewith; said time to be not less than thirty nor more than sixty days from the date of passage of said resolution; 6th. A description of the exterior boundaries of the district declared by the legislative body to be benefited by the proposed improvement and assessed to pay the costs and expenses thereof. The rate of interest above referred to shall not exceed seven per cent, and in the same resolution the legislative 126S STREETS. body shall provide, if they so determine, that the work covered by said resolution shall include maintenance there- of for a stated number of years to be fixed by said resolu- tion. Sec. 6. After the passage of the resolution mentioned in section five hereof there shall be conspicuously posted in three of the most public places within the municipality, and also along the street frontages of all the real property within the district, at not more than one hundred feet in distance apart, notices of the hearing provided for in sec- tion five; said notices shall be headed, "Notice of Local Improvement," in letters of not less than one inch in length, and shall in legible characters state the fact of the passage of the resolution mentioned in section five, and briefly describe the work or improvement proposed, and refer to said resolution for further particulars; said notice shall also state the date, hour and place for which the said hearing has been set, and shall notify all parties interested in any real estate within the limits of said dis- trict then and there to show cause, if any they have, why the said improvements proposed in said resolution should not be carried out in accordance therewith; said notice shall also contain a description of the district covered by the resolution by the esterior boundaries thereof, said de- scription to be in bold-face tj^pe; ^id notices must be posted at least twenty days before the time set for the hearing, and must be published twice in some newspaper of general circulation, published within the municipal corporation in which the improvements are to be made, at least ten days before the date of hearing. Sec. 7. At the time named in the notice hereinbefore provided for for said hearing there shall be filed with the legislative body an affidavit that the notice has been posted as hereinbefore provided for, and an aSidavit of the printer or publisher of the newspaper in which said notice has been published that the same has been pub- lished as hereinbefore provided for, and the legislative body, before proceeding with said hearing, shall have en- tered upon the minutes of the meeting an order reciting that notice of said hearing has been posted and published according to law, and such recitals shall be conclusive evi- dence of the facts therein recited, and the legislative body shall thereupon proceed with the hearing of any objec- STREETS. 1269 tlons which shall have been made in writing and filed with the clerk of the municipality not later tlian the hour for hearing named in said notice, and no other objections shall be considered. Said hearing may be continued from time to time by the legislative body, and all parties inter- ested shall be deemed to have notice of said continuances. All objections must be in writing, must contain a descrip- tion of the property in which the objector is interested, and set forth the nature of his title thereto or interest therein, and must state the objector's grounds of oppo- sition, and must be signed and verified by the objector him- self, or his attorney in fact, and objections which do not comply with these requirements shall not be considered by the said legislative body. Sec. 8. At the close of the hearing provided for in the preceding section, the legislative body shall pass a reso- lution setting aside, modifying, or confirming the reso- lution provided for in section five hereof, and where the same is confirmed or modified, the lien of the assessment provided for therein shall immediately become attached to the respective parcels of land in accordance with said confirmed or modified resolution. Sec. 9. Any action to contest an assessment levied by the legislative body of any municipality under the terms of this act must be commenced within thirty days after the entry upon the minutes of such legislative body of the reso- lution provided for in the preceding section hereof; and any appeal from a final judgment in such an action must be perfected within thirty' days after the entry of such judgment. Sec. 10. After the expiration of thirty days from the passage of the resolution provided for in section eight hereof, the clerk of the municipality shall transmit to the tax collector of the municipality the map and list provided for in subdivisions five and six, respectively, of section four hereof, and any modification made by the legislative body therein; provided, hov/ever, if any actions have been brought within thirty days after the passage of the resolu- tion referred to in section eight, such transmission shall be postponed until such actions have been finally deter- mined. Sec. 11. Upon the receipt of the map and list referreu to In the last preceding section, the tax collector of the 1270 STREETS. municipality shall record the same in a substantial book to be kept for that purpose in his office. Said book shall also be ruled with appropriate columns, in which the tax collector shall extend the amounts of all installments of principal and interest and deferred payments, and each of said columns shall be provided with a space in which he shall make record of the fact and date of all pay- ments received by him; and there shall aiso be a column in which shall be entered a reference by volume and page to the respective agreements under which said de- . ferred payments are made. Sec. 12. The tax collector of the municipality shall thereupon fix a day, not less than thirty nor more than forty days from the date of the receipt by him of the map and list transmitted to him under the provisions of sec- tion ten hereof, which day shall be the last day for cash payments; and also shall fix a day for the sale of the vari- ous parcels of land within said district, which said day shall be not less than forty nor more than sixty days from the receipt by him of the map and list transmitted to him under the provisions of section ten hereof; notice thereof shall be given in conformity with the general laws of the state of California providing for notice of sale of real estate upon execution, and shall be posted and pub- lished in the same manner as such notices; provided, however, that the descriptions of the various parcels need not be set out at length, but only by the respective num- bers of the same, as the same appear upon the assess- ment and diagram, which shall be properly referred to in said notice; which shall be in one writing, containing all of said descriptions. Sec. 13. At the time and place fixed for the sale of said property by the terms of the notice referred to in the last section, the tax collector shall sell the respective parcels of land within said district, the assessments against which have not been paid or bonded against as hereinafter provided, or so much of each parcel as shall be necessary to realize the amount assessed against such parcel and its proportion of the expenses of sale, in the or- der of their numbers upon the map provided for in subdi- vision five of section four hereof, at which sale the munici- pality may be a purchaser; provided, however, if at or be- fore the time fixed in the notice of sale the owner of any I STKKETS. 1271 parcel shall file with the tax collector a written agree- ment, waiving all objections, of whatsoever kind or na- ture, against the assessment and all proceedings with reference to the same, and undertaking to pay the assess- ment on his parcel in yearly installments not to exceed ten in number, the first of which shall be paid at the time said agreement is filed, and the others annually thereafter, one each year, at the time when the first installment of municipal taxes within said municipality is payable, with interest on all deferred payments at the rate of per cent per annum, being the same rate fixed by the resolu- tion provided for in section five above for deferred pay- ments, payable at the same time as the installments of principal, then, and in that event, the tax collector shall mark upon the record of the assessment, opposite the respective descriptions or numbers of such parcels, memo- randa to the effect that time has been given; said waivers and undertakings shall be taken upon printed forms pro- vided by the tax collectoi-, bound in a substantial book and kept among the records of his office; said agreements shall contain a provision to the effect that in case of de- fault in payment of any installment of principal provided for therein, or interest accrued on deferred payments, at the time called for by said agreements, then, in that event, the entire remaining unpaid installments shall become immediately due and payable, and the tax collector shall then forthwith, upon twelve days' written notice mailed to the last known address of the party, sell the property covered by the delinquent payment to realize the entire unpaid balance of said installments, with accrued interests and costs of sale; provided, the same have not been paid before the expiration of said twelve days. At such sale the municipality may be a bidder; said agreement shall provide that the entire unpaid balance may be paid at any time before maturity, together with interest on all de- ferred payments, until the date of maturity of the install- ment of principal next falling due. Sec. 14. The tax collector shall issue for each sale an original and duplicate certificate of sale, referring to the proceedings, describing the parcels sold, and containing the name of the purchaser; the originals he shall deliver to the purchaser, and the duplicates he shall keep on file in his office in the form of stubs in a certificate book. 1272 STREETS. Sec. 15. If the property sold as provided in the above proceedings be not redeemed within one year after the sale, the tax collector shall then issue to the party named in the original certificate, or his assignee, a deed of the property described in said certificate, which said deeds shall refer, in general terms, to the proceedings under which the same is issued, and shall contain a description of the property, following the description in the certificate; the grantee of such deed is, immediately upon receipt thereof, entitled to possession of the property described therein. Sec. 16. At any time before the expiration of the year above provided for, in which redemption may be made, any property sold under the provisions of the preceding sections may be redeemed by the payment to the tax collector of the amount for which the property was sold, with an additional penalty of twenty-five per cent of the amount for v/hich the same was sold; all redemption money shall be paid by the tax collector to the persons holding the respective original certificates of sale, upon their delivering up the same, and receipting for the amount received from the tax collector therefor. Sec. 17. The said funds collected by the tax collector under the proceedings herein provided for, either upon voluntary payment or as the result of sales, shall be paid by said tax collector, as fast as collected, to the treasurer of said municipality, who shall enter the same in a special fund designated by reference to the number cf the pro- ceeding, and shall be paid out only for purposes provided for in this act. Sec. 18. After all sales above provided for have been made, the tax collector shall report to the legislative body of the municipality the amount of cash collections and the amount of installment agreements taken; at any time thereafter the legislative body may order bonds issued against the said special local improvement fund, in such denominations and on such terms, not to exceed ten years, and at such rate of interest, not to exceed seven per cent per annum, as they shall have designated in said pro- ceedings, the aggregate of such bonds not to exceed the amount of the installment agreements taken, as above set forth; the form of such bonds shall be substantially as follows : STREETS. 1273 "LOCAL IMPROVEMENT BOND. "District No. , "? . No. . "Under and by virtue of an act of the legislature of the state of California" (title of this act) "the" (insert the legal title of the municipality) "out of the fund herein- after referred to, will pay to the bearer the sum of $ United States gold coin of the same weight and fineness as that now issued from the mints of the United States of America, with interest thereon, in like gold coin, at the rate of per cent per annum, all as hereinafter speci- fied, and at the ofiice of the treasurer of said munici- pality. "This bond is payable exclusively from street improve- ment fund number " (here insert designation of spe- cial fund, as same is identified on the books of the treasurer of the municipality, as provided in section nineteen of this act), "and neither the municipality nor any officer thereof shall be holden for payment otherwise of its prin- cipal or interest; and installments of principal and in- terest accruing hereon shall be payable out of any moneys in said fund at the date of their maturity, in order of pres- entation, and shall be secured by all agreements and liens provided for by this act and arising out of the improve- ment to which said fund relates. The term of this bond is years from its date, and, at thp expiration of said time, the whole sum then unpaid shall be due and pay- able; but on the second day of January of each year after its date, an even annual proportion of its whole amount is due and payable, upon the presentation of the coupon there- for, until the whole is paid, with all accrued interest, at the rate of per cent per annum. The interest is payable semi-annually, to wit: On the second days of January and July in each year hereafter, upon the presentation of the coupons therefor, the first of which is for the interest from date to the next second day of , and thereafter the interest coupons are for semi-annual interest, except the last, which is for interest from the semi-annual payment next preceding and to the date of the final maturity of this bond. Should default be made in the annual payment upon the principal, or in any payment of interest, the holder of this bond is entitled to declare the whole un- paid amount to be due and payable, and to have all liens Gen. Laws— 54 1274 STREETS. and agreements, which are security for said fund and are then enforceable, immediately enforced in payment thereof. The principal hereof may be paid, at the option of said municipality, at any time before maturity. Notice of such redemption must be published by the treasurer of said municipality once in some newspaper of general circu- lation, published in said municipality, or at the county seat of the county in which the same is located, and, at the expiration of one month from said publication, interest on all principal sums covered by such notice shall cease. "At said of the day of in the year one thousand hundred and . Insert title of (presiding oflBcer of the legislative body). "Treasurer of the" (name of municipality). Said bonds shall be signed by the presiding ofiBcer of the legislative body of the municipality and countersigned by the treasurer of said municipality, and the seal of the municipality shall be affixed thereto. Said coupons shall be signed by the treasurer of the municipality, and his signature thereto may be by lithograph. Said bonds shall "then be sold at not less than par to the highest bidder, for cash in United States gold coin; the proceeds shall be paid into the said special local im- provement fund in the treasurer's hands. Sec. 19. At any time alter the funds for the work, or any part of the work, are a:tually in the hands of the treasurer, the legislative body may let the contract, or contracts, for such work, or the respective pai'ts thereof; all contracts shall be let to the lowest responsible bidder, after notice published in some newspaper of general cir- culation published within the municipality, for two inser- tions, a week apart; or if there be no such newspaper, then by such posting as the legislative body may provide. Every bid shall be accompanied by the certified check amounting to ten per cent of the bid, payable to the or- der of the presiding officer of the legislative body of the municipality, and the same shall be forfeited to the munici- pality in case the bidder depositing the same do not, with- in ten days after written notice that the contract has been awarded to him, enter into a contract with the municipality for the work, the faithful performance of which shall be secured by an undertaking in such penal sum as the legis- STREETS. 1275 lative body shall require, and with sureties satisfactory to said body; when such contract and bond have been en- tered into, said check shall be returned to the successful bidder; the unsuccessful bidders shall receive their checks upon notice of rejection of their bids; and the legisla- tive body may require, and, if so, it must be stated in the original resolution and petition and in the notice for bids, that the contractor to whom the work is awarded shall furnish the municipality with a bond in such sum and with such responsible surety corporation (legally qualified to carry on business in the state of California), as guarantor, as shall be approved by said legislative body, conditioned that the said contractor shall maintain free from all de- fects, except such as may result from ordinary wear and tear, the work contracted for and performed for such period as may be designated by said legislative body. The contract must provide that the work be done, and the work must be doue, strictly in accordance with the plans and specifications provided for in section four of this act, as modified by the resolution provided for in section five of this act; the contract must contain provisions making it comply with the terms of all statutes of the state of California in force at the time of the making of the con- tract, with reference to employment, hours and wages of labor. The work must be done under the supervision of the superintendent of streets of the municipality, or such deputy or deputies as the legislative body shall appoint for the purpose. No work shall be paid for until it has been accepted by the legislative body. Whenever the contractor desires the work or part thereof to be accepted he must make written ap- plication to that effect to the legislative body of the muni- cipality. Upon the filing of such application for accept- ance, the clerk of the municipality shall give at least five days' notice by publication within the municipality or by posting upon the premises affected, as the legislative body shall determine, that at a certain time to be named in said notice the legislative body of the municipality will hear and consider any objections to the acceptance of the work or part of the work for the acceptance of which said contractor has made such application, and only after such hearing shall any work be accepted. If upon such 1276 STREETS. hearing objections to the acceptance are made and held by the legislative body to be good, the legislative body must require the contractor to take such steps as will remove such objections, and in the event of his failure to do so within such time as the legislative body shall pre- scribe, the legislative body may relet such portion of the work and charge the contractor the cost thereoi together with all expenses incident to said reletting, and retain the same out of any moneys due or to become due to him under the contract, and also hold him and his sure- ties responsible therefor upon his bond. The work must be commenced and completed within such time as the legislative body shall prescribe. If the contractor abandon the work, or fail to proceed with the same as rapidly as required by his contract, the legis- lative body may relet the work and pay the cost of the same out of any funds due or to grow due the contractor, and also any expenses incidental to the reletting, and also hold him and his sureties responsible for the same upon his bond, and also for any damages resulting from such aban- donment. Sec. 20. In case the first assessment for any local im- provement prove insufficient, a second may be made in the same manner as nearly as may be, except that no pro- test shall be entertained upon subject matter already decided in the first hearing, and so on until sufficient money shall have been realized to pay for such local improvement. Sec. 21. If at any time an assessment for any local improvement shall realize a larger sum than is necessarj' for such improvement, the excess shall be refunded upon warrant on the treasurer, autnorized by the legislative body, pro rata, to the parties by whom it was paid; and, in the case of installment assessments, shall be credited on the unpaid installments, ]?eginning with the one due at the latest date. Sec. 22. All special assessmeats levied under this act shall, from the date of confirmation as provided in section eight hereof, be a lien upon the real estate upon which they are imposed, paramount to all other liens, except prior assessments and general taxes, and such lien shall continue until such special assessments are paid; and all parties shall have constructive notice of such lien from STREETS. 1277 the date of entry of the resolution referred to in section eight above. Sec. 23. Whenever the majority of frontage between any two consecutive crossings upon any of the public ways mentioned in section one of this act, has been im- proved, the legislative body may compel the remainder of said frontage between said crossings to be similarly im- proved without other proceedings than those provided for in this section as follows, to wit: The legislative body shall pass a resolution ordering said work to be done, briefly describing the work and the property in front of which the work is to be done, and fixing a time when objections to the doing of said work will be heard by said legislative body, which said time shall be not less than two weeks nor more than thirty days from the date of the passage of the resolution; at least ten days before the time named in said resolution for said hearing the clerk of the municipality shall mail a cop^ of said resolution to the person or persons to whom the property in front of which the said work is to be done is assessed upon the last preceding assessment roll of such municipality, at their addresses if known, otherwise addressed to them care of the United States postoffice in the municipality, shall personally serve upon the pei'son or persons in possession of the premises, if the same be occupied, and shall post a copy of the same in a conspicuous place upon the said premises, and the certificate of said clerk to the effect that said mailing, posting and service has been done shall be filed with the legislative body and entered upon their minutes, and said entry shall constitute conclusive evidence of the facts stated in said certificate; at the time named in said resolution said legislative body shall meet and consider any objections which may be made to the doing of said work; if there are no objections or if the legislative body overrule the same, the legislative body shall then pass a resolution ordering said work to be done; if within ten days after the passage of the last named resolution satisfactory evidence be not produced to the legislative body that the said work is to be imme- diately done by private contract the legislative body may advertise for bids for such work by such publication or posting as they shall deem necessary and let the work to the lowest responsible bidder, and pay for the same out 1278 STREETS. of the general fund or any other fund available for the purpose; the entire cost of such work together vrith the expenses incidental to the proceedings therefor shall be charged against the property in front of which the same has been done; the clerk of the municipality shall im- mediately upon the completion and acceptance of the work file an itemized statement of said charge with the recorder of the county in which the municipality is located, and thereupon the said charge shall become a lien upon the property affected, which said lien shall relate back to the date of the passage of the original resolution first above mentioned and shall be continued upon such property until the same is paid in full with interest at seven per cent from the date of the record of said statement; and the municipality shall have power to enforce said lien by foreclosure suit and sell said property for the satisfaction thereof. Sec. 24. This act shall be known as "The Local Im- provement Act of 1901" and shall take effect and be in force upon its passage and approval. Sec. 25. This act shall in no wise affect an act en- titled "An act to provide for work upon streets, lanes, alleys, courts, places and sidewalks, and for the construc- tion of sewers within municipalities," approved March eighteenth, eighteen hundred and eighty-five, or amend- ments thereto, or an act entitled "An act to provide a sys- tem of street improvement bonds to represent certain assessments for the cost of street work and improvement within municipalities, and also for the payment of said bonds," approved February twenty-seventh, eighteen hun- dred and ninety-three; or any of said acts; but is intended to and does provide an alternate system of proceedings for public improvements, and it shall be within the discre- tionary power of the legislative body of any municipality to proceed in making such improvements, either under the provisions of this act, or under the provisions of the other said acts, but when any proceedings are commenced under this act the provisions of this act, and such amend- ments thereto as may hereafter be adopted, and no other, shall thereafter apply to all such proceedings; but any pro- vision contained in said or any other acts in conflict with provisions hereof shall be void as to and of no effect upon proceedings commenced under the provisions of this act. STREETS. 1279 ACT 3930. An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities. [Approved March 18, 1885. Stats. 1885, p. 147.] Amended 1887, 148; 1889. 157; 1891, 116, 196, 461; 1893. 33, 89, 172 ; 1899, 23 ; 1903. 88. Cal.Rep.Cit. 86, 467 S8, 571 S6, 185 97, 308 98, 430 102, 417 103, 66 107, 234 108, 169 121, 315 128, 143 136, 149 69, 486; 87, 216; 90, 38; 96, 186; 97, 310; 99. 295; 102, 423; 103, 78; 107, 429; 112, 591; 121, 435; 128, 378; 136. 249; 73, 75 87, 217 90, 39 96, 187 97, 312 99, 517 102, 651 103, 175 107, 430 115, 228 121, 632 129, 274 138, 125 76, 453 87, 219 90, 40 66, 188 97, 314 99, 521 103, 54 103, 529 107, 431 117, 319 122, 541 130, 470 138, 126 82, 190; 87, 580; 90, 613; 96, 189; 97, 317; 102, 236; 103, 55 ; 104, 458; 107, 496; 117, 322; 126, 218; 134, 423; 138, 128. 86, 88, 93, 96, 98, 102, 103, 105, 108, 119, 127, 136, 108; 570; 404; 398; 11; 406; 60; 164; 35; 591; 493; 148: AMD'T 1889. Cal.Rep.Cit. 97, 314; 99, 388; 102, 236; 102, 237; 102, 407; 102, 417; 102, 650; 103, 64; 103, 66; 103. 529; 105, 249; 107, 234; 111, 29; 114, 154; 117, 319. AMD'T 1891. Cal.Rep.Cit. 104, 341; 106, 499; 114, 154; 117, 319; 120, 624; 121, 435; 122, 541; 123, 205 ; 128, 115; 129, 274; 129, 383; 132, 149; 132, 151; 134, 250; 135. 663; 136. 373. AMDT 1893. Cal.Rep.Cit. 102, 417 ; 102, 423 ; 106, 158 ; 126, 444 ; 128, 129 ; 138, 123; 138, 124; 138, 129; 138, 130. See Thomason v. Ruggles, 69 Cal. 465, and Oakland Pav. Co. V. Hilton, Id. 479. The people of the state of California, represented in senate and assembly, do enact as follows: Part I. Section 1. All streets, lanes, alleys, places, or courts, in the municipalities of this state now open or dedicated, or which may hereafter be opened or dedicated to public use, shall be deemed and held to be open public streets, lanes, alleys, places, or courts, for the purposes of this act, and the city council of each municipality is hereby empowered to establish and change the grades of said streets, lanes, alleys, places, or courts, and fix the width, thereof, and is hereby invested with jurisdiction to order to be done thereon any of the work mentioned in sec- tion two of this act, under the proceedings hereinafter described. 1280 STREETS. Sec. 2. Whenever the public interest or convenience may require, ttie city council is hereby authorized and empowered to order the whole, or any portion, either in length or width, of the streets, avenues, lanes, alleys, courts, or places of any such city graded or regraded to the official grade, planked or replanked, paved or repaved, macadamized or remacadamized, graveled or regraveled, piled or replied, capped or recapped, sewered or resewered, and to order sidewalks, manholes, culverts, cesspools, gut- ters, tunnels, curbing, an,d crosswalks to be constructed therein, or to order breakwaters, levees, or walls of rock, or other material, to protect the same from overflow or injury, and to order any other work to be done which shall be necessary to complete the whole or any portion of said streets, avenues, sidewalks, lanes, alleys, courts, or places and it may order any of the said work to be improved; and also to order a sewer or sewers, with outlets, for drainage or sanitary purposes, in, over, or through any right of way granted or obtained for such purpose; pro- vided, that whenever the grade of a street, avenue, lane, alley, court, or place shall hereafter be changed, the peti- tion of the owners of a majority of the feet fronting thereon, asking for grading the same to the new grade, shall be a condition precedent to the ordering of such grading to be done. [Amendment approved March 11, 1893. Stats. 1893, p. 172.] Sec. 3. Before ordering any work done or improvement made, which is authorized by section two of this act, the city council shall pass a resolution of intention so to do, and describing the work, which shall be posted conspicu- ously for two days on or near the chamber door of said council, and published by two insertions in one or more daily, semi-weekly, or weekly newspapers published and circulated in said city, and designated by said council lor that purpose. The street superintendent shall there- upon cause to be conspicuously posted along the line of said contemplated work or improvement, at not more than one hundred feet in distance apart, but not less than three in alL or when the work to be done is only upon an entire crossing or any part thereof, in front of each quar- ter block and irregular block liable to be assessed, notices r^f the passage of said resolution. Said notice shall be headed "Notice of Street Work," in letters of not less than STREETS. 1281 one inch in length, and shall, in legible characters, state the fact of the passage of the resolution, its date, and briefly the work or improvement proposed, and refer to the resolution for further particulars. He shall also cause a notice, similar in substance, to be published for six days in one or more daily newspapers published and cir- culated in said city, and designated by said city council, or in cities where there is no daily newspaper, by one in- sertion in a semi-weekly or weekly newspaper so published, circulated and designated. In case there is no such paper published in said city, said notice shall be posted for six days on or near the chamber-door of said council, and in two other conspicuous places in said city, as hereinafter provided. The owners of a majority of the frontage of the property fronting on said proposed work or improve- ment, where the same is for one block or more, may make a written objection to the same within ten days after the expiration of the time of the publication and posting of said notice, which objection shall be delivered to the clerk of the city council, who shall indorse thereon the date of its reception by him, and such objections so delivered and indorsed shall be a bar for six months to any further proceedings in relation to the doing of said work or mak- ing said improvements, unless the owners of the one- half or more cf the frontage, as aforesaid, shall mean- while petition for the same to be done. At any time be- fore the issuance of the assessment roll, all owners of lots or lands liable to assessment therein, who, after the first publication of said resolution of intention, may feel aggrieved, or who may have objections to any of the subsequent proceedings of said council in relation to the performance of the work mentioned in said notice of in- tention, shall file with the clerk a petition of remon- strance, wherein they shall state in what respect they feel aggrieved, or the proceedings to which they object; such petition or remonstrance shall be passed upon by the said city council, and its decision therein shall be final and conclusive. But when the work or improvement proposed to be done is the construction of sewers, manholes, cul- vei-ts, or cesspools, crosswalks, or sidewalks, and curbs, and the objection thereto is signed by the owners of a ma- jority of the frontage liable to be assessed for the ex- pense of said work, as aforesaid, the said city council 1282 STREETS. shall, at its next meeting, fix a time for hearing said objections, not less than one week thereafter. The city clerk shall thereupon notify the persons making such objections, by depositing a notice thereof in the postoffice of said city, postage prepaid, addressed to each objector, or his agent, when he appears for such objector. At the time specified said city council shall hear the objections urged, and pass upon the same, and its decisions shall be final and conclusive, and the said bar for six months to any further proceedings shall not be applicable thereto. And when not more than two blocks, including street crossings, remain ungraded to the official grade, or other- wise unimproved, in whole or in part, and a block or more on each side upon said street has been so graded or other- wise improved, or when not more than two blocks at the end of a street remain so ungraded or otherwise unim- proved, said city council may order any of the work men- tioned in this act to be done upon said intervening un- graded or unimproved part of said street, or at the end of a street, and said work upon said intervening part, or at the end of a street, shall not be stayed or prevented by any written or other objection unless such council shall deem proper. And if one half or more in width or in length, or as to grading, one half or more of the grading work of any street lying and being between two successive main street crossings, or if a crossing has been already partially graded or improved as aforesaid, said council may order the remainder improved, graded or otherwise, notwithstanding such objections of property owners. At the expiration of twenty days after the expiration of the time of said publication by said street superintendent, and at the expiration of twenty-five days after the advertising and posting, as aforesaid, of any resolution of intention, if no written objection to the work therein described has been delivered, as aforesaid, by the ov/ners of a major frontage of the property fronting on said proposed work or improvement, or if any written objection purporting to be signed by the owners of a major frontage is dis- allowed by said council, as not of itself barring said work for six months, because in its judgment, said objection has not been legally signed by the owners of a majority of said frontage, the city council shall be deemed to have acquired jurisdiction to order any of the work to be done. STREETS. 1283 or improvement to be made, which is authorized by this act; which order, when made, shall be published for two days, the same as provided for the publication of the resolution of intention. Before passing any resolution for the construction of said improvements, plans and specifi- cations and careful estimates of the costs and expenses thereof shall be furnished to said city council, if required by it, by the city engineer of said city; and for the work of constructing sewers, specifications shall always be fur- nished by him. Whenever the contemplated work of im- provement, in the opinion of the city council, is of more than local or ordinary public benefit, or whenever, accord- ing to estimate to be furnished by the city engineer, the total estimated costs and expenses thereof would exceed one half the total assessed value of the lots and lands assessed, if assessed upon the lots or land fi'onting upon said proposed work or improvement, according to the val- uation fixed by the last assessment roll whereon it was assessed for taxes for muiiicipal purposes, and allowing a. reasonable depth from such frontage for lots or lands assessed in bulk, the city council may make the expense of such work or improvement chargeable upon a district, which the said city council shall, in its resolution of in- tention, declare to be the district benefited by said work or impi'ovement, and to be assessed to pay the costs and expenses thereof. Objections to the extent of the district cf lands to be affected or benefited by said work or im- provement, and to be assessed to pay the costs and ex- penses thereof, may be made by interested parties, in v\rriting, within ten days after the expiration of the time of the publication of the notice of the pas- sage of the resolution of intention. The city clerk shall lay said objections before the city council, which shall, at its next meeting, fix a time for hearing said objec- tions not less than one week thereafter. The city clerk shall thereupon notify the persons making such objec- tions by depositing a notice thereof in the postoffice of said city, postage prepaid, addressed to each objector. At the time specified the city council shall hear the objec- tions urged, and pass upon the same, and its decision shall be final and conclusive. If the objections are sustained, all proceedings shall be stopped; but proceedings may be immediately again commenced by giving the notice of 1284 STREETS. intention to do the said work or malie said improve- ments. If the objections are overruled by the city council, the proceedings shall continue the same as if such objec- tions had not been made. [Amendment approved March 31, 1891. Stats. 1891, p. 196.] Sec. 4. The owners of a majority in frontage of lots and lands fronting on any street, avenue, lane, alley, place, or court, or of lots or lands liable to be assessed for the expense of the work petitioned to be done, or their duly authorized agents, may petition the city council to order any of the work mentioned in this act to be done, and the city council may order the work mentioned ia said petition to be done, after notice of its intention so to do has been posted and published as provided in section three of this act. LAmendment approved March 31, 1891. Stats. 1891, p. 199.] Sec. 5. Before the awarding of any contract by the city council for doing any work authorized by this act, the city council shall cause notice, with specifications, to be posted conspicuously for five days on or near the coun- cil chamber door of said council, inviting sealed proposals or bids for doing the work ordered, and shall also cause notice of said work inviting said proposal, and referring to the specifications posted or on file, to be published for two days in a daily, semi-weekly, or weekly newspaper published and circulated in said city, designated by the council for that purpose, and in case there is no news- paper published in said city, then it shall only be posted as hereinbefore provided. All proposals or bids offered shall be accompanied by a check payable to the order of the mayor of the city, certified by a responsible bank, for an amount which shall not be less than ten per cent of the aggregate of the proposal, or by a bond for the said amount and so payable, signed by the bidder and by two sureties, who shall justify, before any officer competent to administer an oath, in double the said amount, and over and above all statutory exemptions. Said proposals or bids shall be delivered to the clerk of the said city council, and said council shall, in open session, examine and pub- licly declare the same; provided, however, that no pro- posal or bid shall be considered unless accompanied by said check or bond satisfactory to the council. The city council may reject any and all proposals or bids should STREETS. 1285 it deem this for the public good, and also the bid of any party who has been delinquent and unfaithful in any for- mer contract with the municipality, and shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder, and may award the con- tract for said work or improvement to the lowest respon- sible bidder at the prices named in his bid, which award shall be approved by the mayor or a three-fourths vote of the city council. If not approved by, him, or a three- fourths vote of the city council, without further proceed- ings, the city council may readvertise for proposals or bids for the performance of the work as in the first in- stance, and thereafter proceed in the manner in this sec- tion provided, and shall thereupon return to the proper parties the respective checks and bonds corresponding to the bid so rejected. But the checks accompanying such accepted proposals or bids shall be held by the city clerk of said city until the contract for doing said work, as hereinafter provided, has been entered into, either by said lowest bidder or by the owners of three-fourths part of the frontage, whereupon said certified check shall be re- turned to said bidder. But if said bidder fails, neglects or refuses to enter into the contract to perform said work or improvement, as hereinafter provided, then the certi- fied checli accompanying his bid and the amount therein mentioned, shall be declared to be forfeited to said city, and shall be collected by it and paid into its fund for repairs of streets; and any bond forfeited may be prose- cuted, and the amount due thereon collected and paid into said fund. Notice of such awards of contracts shall be posted for five days, in the same manner as hereinbefore provided for the posting of proposals for said work, and shall be published for two days in a daily newspaper pub- lished and circulated in said city and designated by said city council, or in cities where there is no daily newspaper, by one insertion in a semi-weekly or weekly newspaper so published, circulated and designated; provided, however, that in case there is no newspaper printed or published in any such city, then such notice of award shall only be kept posted as hereinbefore provided. The owners of three fourths of the frontage of lots and lands upon the street whereon said work is to be done, or their agents, and who shall make oath that they are such owners or agents, 1286 STREETS. shall not be required to present sealed proposals or bids, but may, within ten days after the first posting and pub- lication of said notice of said award, elect to take said work and enter into a written contract to do the whole work at the price at which the same has been awarded. Should the said owners fail to elect to take said work, and to enter into a written contract therefor within ten days, or to commence the work within fifteen days after the first posting and publication of said award, and to prosecute the same with diligence to completion, it shall be the duty of the superintendent of streets to enter into a contract with the original bidder to whom the contract was awarded, and at the prices specified in his bid. But if such original bidder neglects, fails or refuses, for fif- teen days after the first posting and publication of the notice of award, to enter into the contract, then the city council, without further proceedings, shall again advertise for proposals or bids, as in the first instance, and award the contract for said work to the then lowest regular bidder. The bids of all persons and the election of all owners, as aforesaid, who have failed to enter into the contract as herein provided, shall be rejected in any bid- ding or election subsequent to the first for ihe same work. If the owner or contractor, who may have taken any contract, do not complete the same within the time limited in the contract, ot* within such further time as the city council may give them, the superintendent of streets shall report such delinquency to the city council which may relet the unfinished portion of said work, after pursuing the formalities prescribed hereinbefore for the letting of the whole in the first instance. All contractors, contract- ing owners included, shall, at the time of executing any contract for street work, execute a bond to the satisfaction and approval of the superintendent of streets of said city, with two or more sureties and payable to such city, in such sums as the mayor shall deem adequate, condi- tioned for the faithful performance of the contract; and the sureties shall justify before any person competent to administer an oath, in double the amount mentioned in said bond, over and above all statutory exemptions. Before being entitled to a contract, the bidder to whom the award was made, or the owners who have elected to take the contract, must advance to the superintendent of streets, STREETS. 12S7 for payment by him, the cost of publication of the notices, resolutions, orders, or other incidental expenses and mat- ters required under the proceedings prescribed in this act, and such other notices as may be deemed requisite by the city council. And in case the work is abandoned by the city before the letting of the contract, the incidental ex- penses incurred previous to such abandonment shall be paid out of the city treasury. [Amendment approved March 31, 1891. Stats. 1891, p. 199.] Sec. 6. The superintendent of streets is hereby author- ized, in his official capacity, to make all written contracts, and receive all bonds authorized by this act, and to do any other act, either express or implied, that pertains to the street department under this act; and he shall fix the time for the commencement, which shall not be moi'e than fifteen days from the date of the contract, and lor the completion of the work under all contracts entered into by him, which work shall be prosecuted with diligence from day to day thereafter to completion, and he may extend the time so fixed from time to time, under the direc- tion of the city council. The work provided for in section two of this act must. In all cases, be done under the direc- tion and to the satisfaction of the superintendent of streets, and the materials used shall comply with the specifications and be to the satisfaction of said superintendent of streets, and all contracts made therefor must contain a provision to that effect, and also express notice that, in no case, except where it is otherwise provided in this act, will the city, or any officer thereof, be liable lor any portion of the expense, nor for any delinquency of persons or property assessed. The city council may, by ordinance, prescribe general rules directing the superintendent of streets and the contractor as to the materials to be used, and the mode of executing the work, under all contracts there- after made. The assessment and apportionment of the expenses of all such work or improvement shall be made by the superintendent of streets in the mode herein pro- vided. Sec. 61/1.. Every contractor, person, company, or cor- poration, including contracting owners, to whom is award- ed any contract for street work under this act, shall, before executing the said contract, file with the superin- tendent of streets a good and sufficient bond, approved 12S8 STREETS. by the mayor, in a sum not less than one half of the total amount payable by the terms of said contract; such bond shall be executed by the principal and at least two sureties, who shall qualify for double the sum specified in said bond, and shall be made to inure to the benefit of any and all persons, companies, or corporations who per- form labor on, or furnish materials to be used in the said work of improvement, and shall provide that if the contractor, person, company, or corporation to wiiom said contract was awarded fails to pay for any materials so furnished for the said work of improvement, or for any work or labor done thereon of any kind, that the sureties will pay the same, to an amount not exceeding the sum specified in said bond. Any materialman, person, company, or corporation, furnishing materials to be used in the performance of said work specified in said contract, or who performed work or labor upon the said improve- ment, whose claim has not been paid by the said con- tractor, company, or corporation, to whom the said contract was awarded, may, within thirty days from the time said improvement is completed, file with the superintendent of streets a verified statement of his or its claim, together with a statement that the same, or some part thereof has not been paid. At any time within ninety days aftei the filing of such claim, the person, company, or corpora- tion, filing the same, or their assigns, may commence an action on said bond for the recovery of the amoimt due on said claim, together with the costs incurred in said action, and a reasonable attorney fee, to be fixed by the court, for the prosecution thereof. [New section approved February 21, 1S99. Stats. 1899, p. 23.] Sec. 7. Subdivision One — The expenses incurred for any work authorized oy this act (which expense shall not include the cost of any work done in such portion of any street as is required by law to be kept in order or repair by any person or company having raili'oad tracks thereon, nor include work which shall have been declared in the resolution of intention to be assessed on a district bene- fited) shall be assessed upon the lots and lands fronting thereon, except as hereinafter specifically provided; each lot or portion of a lot being separately assessed, in pro- portion to the frontage, at a rate per front foot sufficient to cover the total expense of the work. STREETS. 1289 Subdivision Two — The expense of all improvements, ex- cept such as are done by contractors under the provisions of section thirteen of this act, until the streets, avenues, street crossings, lanes, alleys, places, or courts are finally accepted, as provided in section twenty of this act, shall be assessed upon the lots and lands, as provided in this section, according to the nature and character of the work; and after such acceptance the expense of all the work thereafter done thereon shall be paid by said city out of the street department fund. Subdivision Three — The expense of the work done on main street crossings shall be assessed at a uniform rate per front foot of the quarter blocks and irregular blocks adjoining and cornering upon the crossings, and sepa- rately upon the whole of each lot or portion of a lot having any frontage in the said blocks fronting on said main streets, half way to the next main street crossing, and all the way on said blocks to a boundary line of the city where no such crossing intervenes, but only according to its frontage in said quarter blocks and irregular blocks. Subdivision Four — Where a main street terminates In another main street, the expenses of the woi-k done on one half of the width of the street opposite the termination shall be assessed upon the lots in each of the two quarter blocks adjoining and cornering on the same, according to the frontage of such lots on said m-ain streets, and the expense of the other half of the width of said street upon the lot or lots fronting on the latter half of the street at such termination. Subdivision Five — Where any alley or subdivision street crosses a main street, the expense of all work done on said crossing shall be assessed on all lots or portions of lots half way on said alley or subdivision street to the next crossing or intersection, or to the end of such alley or sub- division street, if it does not meet another. Subdivision Six — The expense of work done on alley or subdivision street crossings shall be assessed upon the lots fronting upon such alley or subdivision streets on each side thereof, in all directions, half way to the next street, place or court, on either side, respectively, or to the end of such alley or subdivision street, if it does not meet an- other. Subdivision Seven — Where a subdivision street, avenue. 1290 STREETS. lane, alley, place, or court terminates in another street, avenue, lane, alley, place, or court, the expense oi the work done on one half of the width of the subdivision street, avenue, lane, alley, place, or court opposite the termina- tion, shall be assessed upon the lot or lots fronting on such subdivision street, or avenue, lane, alley, place, or court so terminating, according to its frontage thereon, half way on each side, respectively, to the next street, avenue, lane, alley, court, or place, or to the end of such street, avenue, lane, alley, place, or court, if it does not meet another, and the other one half of the width upon the lots fronting such tei'mination. Subdivision Eight — Ys'^here any work mentioned in this act (manholes, cesspools, culverts, cross-walks, piling, and capping excepted) is done on either or both sides of the center line of any street for one block or less, and further work opposite to the work of the same class already done is ordered to be done to complete the unimproved portion of said street, the assessment to cover the total expenses of said work so ordered shall be made upon the lots or portions of the lots only fronting the portions of the work so ordered. And when sewering or resewering is ordered to be done under the sidewalk on only one side of a street for any length thereof, the assessment for its expenses shall be made only upon the lots and lands fronting nearest upon that side, and for intervening in- tersections only upon the two quarter blocks adjoining and cornering upon that side. Subdivision Nine — Section one of <;hapter three hundred and twenty-five of the laws of this state, entitled "An act amendatory of and supplementary to 'An act to provide revenue for the support of the government of this state,' approved April twenty-ninth, eighteen hundred and fifty- seven," approved April nineteenth, eighteen hundred and fifty-nine, shall not be applicable to the provisions of this section; but the property herein mentioned shall be sub- ject to the provisions of this act, and be assessed for work done under the provisions of this section. Subdivision Ten — It shall be lawful for the owner or owners of lots or lands fronting upon any street, the width and grade of which have been established by the city council, to perform, at his or their own expense (after obtaining permission from the council so to do, but be- STREETS. 1291 fore said council has passed its resolution of intention to order grading inclusive of this), any grading upon said street, to its full width, or to the center line thereof, and to its grade as then established, and thereupon to pro- cure, at his or their own expense, a certificate from the city engineer, setting forth the number of cubic yards of cutting and filling made by him or them in said grading, and the proportions performed by each owner, and that the same is done to the established width and grade of said street, or to the center line thereof, and thereafter to file said certificate with the superintendent of streets, which certificate the superintendent shall record in a book kept for that purpose in his ofiice, properly indexed. Whenever thereafter the city council orders the grading of said street, or any portion thereof, on which any grading certified as aforesaid has been done, the bids and con- tracts must express the price by the cubic yard for cutting and filling in grading; and the said owner or owners, and his or their successors in interest, shall be entitled to credit, on the assessment upon his or their lots and lands fronting on said streets for the grading thereof, to the amount of the cubic yards of cutting and filling set forth in his or their said certificate, at the prices named in the contract for said cutting and filling; or, if the grade mean- while has been duly altered, only for so much of said certified work as would be required for grading to the altered grade; provided, however, that such owner or owners shall not be entitled to such credit as may be in excess of the assessments for grading upon the lots and lands owned by him or them, and proportionately assessed for the whole of said grading; and the superintendent of streets shall include in the assessment for the whole of said grading upon the same grade the number of cubic yards of cutting and filling set forth in any and all certifi- cates so recorded in his oflv.ce, or for the whole of said grading to the duly altered grade so much of said certified work as would be required for grading thereto, and shall enter corresponding credits, deducting the same as pay- ments upon the amounts assessed against the lots and lands owned, respectively, by said certified owners and their successors in interest; provided, however, that he shall not so include any grading quantities or credit any sums In excess of the proportionate assessments for the 1292 STREETS. ■whole of the grading which are made upon any lots and lands fronting upon said street and belonging to any such certified owners or their successors in interest. Whenever any owner or owners of any lots and lands fronting on any street shall have heretofore done, or shall hereafter do, any work (except grading) on such street, in front of any block, at his or their own expense, and the city council shall subsequently order any work to be done of the same class in front of the same block, said work so done at the expense of such owner or owners shall be excepted from the order ordering work to be done, as provided in subdivision eleven of this section of this act; provided, that the work so done at the expense of such owner or owners, shall be upon the official grade, and in condition satisfactory to the street superintendent at the time said order is passed. Subdivision Eleven — The city council may include in one resolution of intention and order any of the different kinds of work mentioned in this act, and it may except therefrom any of said work already done upon the street to the official grade. The lots and portions of lots fronting upon said excepted work already done snail not be in- cluded in the frontage assessment for the class of work from which the exception is made; pi'ovided, that this shall not be construed so as to affect the special provisions as to grading contained in subdivision ten of this section. Subdivision Twelve — Whenever the resolution of inten- tion declares that the costs and expenses of the work and improvement are to be assessed upon a district, the city council shall direct the city engineer to make a diagram of the property affected or benefited by the proposed work or improvement, as described in the resolution of inten- tion, and to be assessed to pay the expenses thereof. Such diagram shall show each separate lot, piece or parcel of land, the area in square feet of each of such lots, pieces, or parcels of land, and the relative location of the same to the work proposed to be done, all within the limits of the assessment district; and when said diagram shall have been approved by the city council, the clerk shall, at the time of such approval, certify the fact and date thereof. Immediately thereafter the said diagram shall be delivered to the superintendent of streets of said city, ■who shall after the contractor of any street work has ful- STREETS. 1293 filled his contract to the satisfaction of said superintend- ent of streets or city council, on appeal, proceed to esti- mate upon the lands, lots or portions of lots within said assessment district, as shown by said diagram, the benefits arising from such work, and to be received by each such lot, portion of such lot, piece, or subdivision of land, and shall thereupon assess upon and against said lands in said assessment district the total amount of the costs and expenses of such proposed work, and in so doing shall assess said total sum upon the several pieces, parcels, lots, or portions of lots, and subdivisions of land in said dis- trict benefited thereby, to wit: Upon each respectively, in proportion to the estimated benefits to be received by each of said several lots, portions of lots, or subdivisions of land. In other respects the assessment shall be as pro- vided in the next section, and the provisions of subdi- visions three, four, five, six, seven, and eight of this section shall not be applicable to the work or improvement pro- vided for in this subdivision. [Amendment approved March March 31, 1891. Stats. 1891, p. 201.] Sec. 8. After the contractor of any street work has fulfilled his contract to the satisfaction of the street super- intendent of said city, or city council on appeal, the street superintendent shall make an assessment to cover the sum due for the work performed and specified in said contract (including any incidental expenses), in conformity with the provisions of the preceding section according to the character of the work done; or, if any direction and de- cision be given by said council on appeal, then in con- formity with such direction and decision, which assessment shall briefly refer to the contract, the work contracted for and performed, and shall show the amount to be paid therefor, together with any incidental expenses, the rate per front foot assessed, if the assessment be made per front foot, the amount of each assessment, the name of the owner of each lot, or portion of a lot (if known to the street superintendent) ; if unknown the word "Unknown" shall be written opposite the number of the lot, and the amount assessed thereon, the number of each lot or jKir- tion or portions of a lot assessed, and shall have attached thereto a diagram exhibiting each street or street crossing, lane, alley, place, or court, on which any work has been done, and showing the relative location of each district. 1294 STREETS. lot, or portion of lot to the work done, numbered to cor- respond with the numbers in the assessments, and showing the number of feet fronting, or number of lots assessed, for said worli contracted for and performed. [Amendment approved March 14, 1889. Stats. 1889, p. 166.] Sec. 9. To said assessment shall be attached a war- rant, which shall be signed by the superintendent of streets, and countersigned by the mayor of said city. The said warrant shall be substantially in the following form: Form of the Warrant. By virtue hereof, I (name of the superintendent of streets), of the city of , county of (or city and county of ), and state of California, by virtue of the authority vested in me as said superintendent of streets, do authorize and empower (name of contractor), (his or their) agents or assigns, to demand and receive the several assessments upon the assessment and diagram hereto attached, and this shall be (his or their) warrant for the same. (Date.) (name of superintendent of streets.) Countersigned by (name of mayor.) Said warrant, assessment, and diagram, together with the certificate of the city engineer, shall be recorded in the office of said superintendent of streets. When so re- corded, the several amounts assessed shall be a lien upon the lands, lots, or portions of lots assessed, respectively, for the period of tv.'o years from the date of said record- ing, unless sooner discharged; and from and after the date of said recording of any warrant, assessment, diagram and certificate, all persons mentioned in section eleven of this act shall be deemed to have notice of the contents of the record thereof. After said warrant, assessment, diagram, and certificate are recorded, the same shall be delivered to the contractor, or his agent, or assigns, on demand, but not until after the payment to the said supertntendent of streets of the incidental expenses not previously paid by the contractor, or his assigns; and by virtue of said warrant said contractor, or his agent or assigns, shall be authorized to demand and receive the amount of the sev- eral assessments made to cover the sum due for the work specified in such contracts and assessments. Whenever it STREETS. 1295 shall appear by any final judgment of any court of this state that any suit brought to foreclose the lien of any sum of money assessed to cover the expense of said street work done under the provisions of this act has been de- feated by reason of any defect, error, informality, omis- sion, irregularity, or illegality in any assessment hereafter to be made and issued, or in the recording thereof, or in the return thereof made to or recorded by said superin- tendent of streets, any person interested therein may, at any time within three months after the entry of said final judgment, apply to said superintendent of streets who issued the same, or to any superintendent of streets in office at the time of said application, for another assess- ment to be issued in conformity to law; and said superin- tendent shall, within fifteen days after the date of said application, make and deliver to said applicant a new assessment, diagram, and warrant in accordance with law; and the acting mayor shall countersign the same as now provided by law, which assessment shall be a lien for the period of two years from the date of said assess- ment, and be enforced as provided in section seven of this act. [Amendment approved March 31, 1891. Stats. 1891, p. 205.] Sec. 10. The contractor, or his assigns, or some person in his or their behalf, shall call upon the persons assessed, or their agents, if they can conveniently be found, and demand payment of the amount assessed to each. If any payment be made the contractor, his assigns, or some person in his or their behalf, shall receipt the same upon the assessment in presence of the person making such payment, and shall also give a separate receipt if demand- ed. Whenever the person so assessed, or their agents, cannot conveniently be found, or whenever the name of the owner of the lot is stated as "Unknown" on the assess- ment, then the said contractor, or his assigns, or some person in his or their behalf, shall publicly demand pay- ment on the premises assessed. The warrant shall be returned to the superintendent of streets within thirty days after its date, with a return indorsed thereon, signed by the contractor, or his assigns, or some person in his or their behalf, verified upon oath, stating the nature and character of the demand, and whether any of the assess- ments remain unpaid, in whole or in part, and the amount 1296 STREETS. thereof. Thereupon the superintendent of streets shall re- cord the return so made, in the margin of the record of the warrant and assessment, and also the original contract referred to therein, if it has not already been recorded at full length in a book to be kept for that purpose in his oflBce, and shall sign the record. The said superintendent of streets is authorized at any time to receive the amount due upon any assessment list and warrant issued by him, and give a good and sufficient discharge therefor; provided, that no such payment so made after suit has been com- menced, without the consent of the plaintiff in the action, ohall operate as a complete discharge of the lien until the costs in the action shall be refunded to the plaintiff; and he may release any assessment upon the books of his of- fice, on the payment to him of the amount of the assess- ment against any lot with interest, or on the production to him of the receipt of the partj' or his assigns to whom the assessment and warrant were issued; and if any contractor shall fail to return his warrant within the time and in the form provided in this section, he shall thenceforth have no lien upon the property assessed; provided, how- ever, that in case any warrant is lost, upon proof of such loss a duplicate can be issued, upon which a return may be made, with the same effect as if the original had been so returned. After the return of the assessment and war- rant as aforesaid, all amounts remaining due thereon shall draw interest at the rate of ten per cent per annum until paid. Sec. 11. The owners, whether named in the assessment or not, the contractor, or his assigns, and all other persons directly interested in any work provided for in this act, or in the assessment, feeling aggrieved by any act or deter- mination of the superintendent of streets in relation there- to, or who claim that the v/ork has not been performed according to the contract in a good and substantial man- ner, or having or making any objection to the correctness or legality of the assessment or other act, determination, or proceedings of the superintendent of streets, shall, with- in thirty days after the date of the warrant, appeal to the city council, as provided in this section, by briefly stating their objections in writing, and filing the same with the clerk of said city council. Notice of the time and place of the hearing, briefly referring to the work contracted to be STREETS. 1297 done, or other subject of appeal, and to the acts, determina- tions, or proceedings objected to or complained of, shall be published for five days. Upon such appeal, the said city- council may remedy and correct any error or informality in the proceedings, and revise and correct any of the acts or determinations of the superintendent of streets relative to said T/ork; may confirm, amend, set aside, alter, modify, or correct the assessment in such manner as to them shall seem just, and require the work to be completed according to the directions of the city council; and may instruct and direct the superintendent of streets to correct the warrant, assessment, or diagram in any particular, or to make and issue a new warrant, assessment, and diagram, to con- form to the decisions of said city council in relation thereto, at their option. All the decisions and determinations of said city council, upon notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal under the provisions of this section, as to all errors, informalities, and irregularities which said city council might have remedied and avoided; and no assessment shall be held invalid, except upon appeal to the city council, as provided in this section, for any error, informality, or other defect in any of the proceedings prior to the assessment, or in the assessment itself, where notice of the intention of the city council to order the work to be done, for which the assessment is made, has been actually published in any designated newspaper of said city for the length of time prescribed by law, before the passage of the resolution or- dering the work to be done. Sec. 12. At any time after the period of thirty-five days from the day of the date of the warrants, as herein pro- vided, or if an appeal is taken to the city council, as pro- vided in section eleven c*J this act, at any time after five days from the decision of said council, or after the return of the warrant or assessment, after the same may have been corrected, altered, or modified, as provided in said section eleven (but not less than thirty-five days from the date of the warrant), the contractor or his assignee may sue, in his own name, the owner of the land, lots, or por- tions of lots, assessed on the day of the date of the record- ing of the warrant, assessment, and diagram, or any day thereafter during the continuance of the lien of said assess- ment, and recover the amount of any assessment remaining Gen. Laws— 55 1298 STREETS. unpaid, with interest thereon at the rate of ten per cent per annum until paid. And in all cases of recovery under the provisions of tiiis act, the plain ti2 shall recover the sum of fifteen dollars, in addition to the taxable cost as attorney's fees, but not any percentage upon said recovery. And when suit has been brought, after a personal demand has been made and a refusal to pay such assessment so de- manded, the plaintiff shall also be entitled to have and re- cover said sum of fifteen dollars as attorney's fees, in addi- tion to all taxable costs, notwithstanding that the suit may be settled or a tender may be made before a recovery in said action, and he may have judgment therefor. Suit may be brought in the superior court within whose jurisdiction the city is in which said work has been done, and in case any of the assessments are made against lots, portions of lots, or lands the owners thereof cannot, with due diligence, be found, the service in each of such actions may be had in such manner as is prescribed in the codes and laws of this state. The said warrant, assessment, certificate, and diagram, with the affidavit of demand and non-payment, shall be held prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of the superintendent of streets and city council upon which said warrant, assessment, and diagram are based, and like evidence of the right of the plaintiff to re- cover in the action. The court in which said suit shall be commenced shall have power to adjudge and decree a lien against the premises assessed, and to order such premises to be sold on execution, as in other cases of the sale of real estate by the process of said courts; and on appeal, the appellate courts shall be vested with the same power to adjudge and decree a lien and to order such premises to be sold on execution or decree as is conferred on the court from which an appeal is taken. Such premises, if sold, may be redeemed as in other cases. In all suits now pending, or hereafter brought to recover street assessments, the proceedings therein shall be governed and regulated by the provisions of this act, and also, when not in conflict here- with, by the codes of this state. This act shall be liberally construed to effect the ends of justice. [Amendment ap- proved March 14, 1889. Stats. 18S9, p. 168.] Sec. 12yo. The city council, instead of waiting until the completion of the improvement, may, in its discretion, and STREETS. 1299 not otherwise, upon the completion of two blocks or more of any improvement, order the street superintendent to make an assessment for the proportionate amount of the contract completed, and thereupon proceedings and rights of collection of such proportionate amount shall be had as in sections eight, nine, ten, eleven, and twelve of the act of which this is amendatory is provided. [New section approved March 14, 1889. Stats. 1SS9, p. 169.] Sec. 13. V/hen any portion of any street, avenue, lane, alley, court, or place in said city improved, or any side- walk constructed thereon shall be out of repair, or needing reconstruction, and in condition to endanger persons or property passing thereon, or in condition to interfere with the public convenience in the use thereof, it shall be the duty of said superiuteudent of streets to require, by notice in writing, to be delivered to them or their agents person- ally, or left on the premises, the owners or occupants of lots or portions of lots fronting on said portion of said street, avenue, alley, lane, court, or place, or of said portion of said sidewalks so out of repair or needing reconstruction as aforesaid, to repair or reconstruct, or to do both, forthwith, said portion of said street, avenue, lane, alley, court, or place, to the center line of said street in front of the property of which he is the ov/ner, or tenant, or occu- pant; and said superintendent of streets shall particularly specify in said notice what work is requii-ed to be done, and how the same is to be done, and what material shall be used in said repairs, or reconstructions, or both. If said repairs, or reconstructions, or both, be not com- menced within three days after notice given as aforesaid, and diligently and without interruption prosecuted to com- pletion, the said superintendent of streets may, under au- thority from said city council, make such repairs, recon- strtiction, or both, or enter into a contract with any suitable person, at the expense of the owner, tenaut, or occupant, after the specification for the doing of said work shall have been conspicuously posted by him in his office for two days, inviting bids for the doing of said work, which bids shall be delivered to him at his office on or before the sec- ond day of said posting, and opened by him on the next day following the expiration of said two days of posting, and the contract by him be awarded to the lowest bidder, if such lowest bid, in the judgment of said street superinten- 1300 STREETS. dent, shall be reasonable. All of said bids shall be pre- served in his ofiBce and open at all times after the letting of the contract to the inspection of all persons, and such. owner, tenant, or occupant shall be liable to pay said con- tract price. Such work shall be commenced within twenty- four hours after the contract shall have been signed, and completed without delay to the satisfaction of said street superintendent. Upon the completion of said repairs, or reconstruction, or both, by said contractors as afore- said, to the satisfaction of said superintendent of streets, said superintendent of streets shall make and deliver to said contractor a certificate to the effect that said re- pairs, or reconstruction, or both, have been properly made by said contractor to the grade, and that the charges for the same are reasonable and just, and that he, said su- perintendent, has accepted the same. [Amendment ap- proved March 14, 1889. Stats. 1889, p. 169.] Sec. 14. If the expenses of the work and material for such improvement, after the completion thereof, and the delivery to said contractor of said certificate, be not paid to the contractor so employed, or his agent or assignee, on demand, the said contractor, or his assignee, shall have the right to sue such owner, tenant, or occupant for the amount contracted to be paid; and said certificate of the superintendent of streets shall be prima facie evidence of the amount claimed for said work and materials, and of the right of the contractor to recover for the same in such action. Said certificate shall be recorded by the said super- intendent of streets in a book kept by him in his ofllce for that purpose, properly indexed, and the sum contracted to be paid shall be a lien, the same as provided in section nine of this act, and may be enforced in the same manner. Sec. 15. In addition, and as cumulative to the remedies above given, the city council shall have power, by reso- lution or ordinance, to prescribe the peualties that shall be incurred by any owner or person liable, or neglecting, or refusing to make repairs when required, as provided in section (13) thirteen of this act, which fines and penalties shall be recovered for the use of the city by prosecution in the name of the people of the state of California, in the court having jurisdiction thereof, and may be applied, if deemed expedient by the said coimcil, in the payment of the expenses of any such repairs not otherwise provided for. STREETS. 1301 Sec. 16. The person owning the fee, or the person in whom, on the day the action is commenced, appears the legal title to the lots and lands, by deeds duly recorded in the county recorder's office of each county, or the per- son in possession of lands, lots, or portions of lots or build- ings under claim, or exercising acts of ownership over the same for himself, or as the executor, administrator, or guardian of the owner, shall be regarded, treated, and deemed to be the "owner" (for the purpose of this law), according to the intent and meaning of that word as used in this act. And in case of property leased, the possession of the tenant or lessee holding and occupying under such persons shall be deemed to be the possession of such owner. Sec. 17. Any tenant or lessee of the lands or lots liable may pay the amount assessed against the property of which he is the tenant or lessee under the provisions of this act, or he may pay the price agreed on to be paid under the provision of section thirteen of this act, either before or after suit brought, together with costs, to the contractor, or his assigns, or he may redeem the property, if sold on execution or decree for the benefit of the owner, within the time prescribed by law, and deduct the amount so paid from the rents due and to become due from him, and for any sums so paid beyond the rents due from him, he shall have a lien upon and may retain possession of the said land and lots until the amount so paid and advanced be satisfied, with legal interest, from accruing rents, or by payment by the owner. Sec. 18. The records kept by the superintendent of streets of said city, in conformity with the provisions of this act, and signed by him, shall have the same force and effect as other public records, and copies therefrom, duly certified, may be used in evidence with the same effect as the originals. The said records shall, during all office hours, be open to the inspection of any citizen wishing to examine them, free of charge. Sec. 19. Notices in writing which are required to be given by the superintendent of streets, under the provis- ions of this act, may be served by any person, with the permission of the superintendent of streets, and the fact of such service shall be verified by the oath of the person making it, taken before the superintendent of streets, who 1302 STREETS. for that purpose, and for all other purposes, and in all cases where a verification is required under the provisions of this act, is hereby authorized to administer oaths, or other person authorized to administer oaths, or such notices maj'' be delivered to the superintendent of streets himself, who must also verify the service thereof, and who shall keep a record of the fact of giving such notices, when delivered by himself personally, and also of the notices and proof of service when delivered by any other person. [Amendment approved March 14, 1S89. Stats. 1889, p. 170.] Sec. 20. Whenever any street, or portion of a street, has been or shall hereafter be fully constructed to the satis- faction of the superintendent of streets and of the city council, and is in good condition throughout, and a sewer, gas pipes, and Vv-ater pipes are laid therein, under such regulations as the city council shall adopt, the same shall be accepted by the city council, by ordinance, and thereafter shall be kept in repair and improved by the said municipality; the expense thereof, together with the assessment for street work done in front of city prop- erty, to be paid out of a fund to be provided by said council for that purpose; provided, that the city council shall not accept of any portion of the street less than the entire width of the roadway (including the curbing), and one block in length, or one entire crossing; and, provided further, that the city council may partially or conditionally accept any street, or portion of a street, without a sewer, or gas pipes, or water pipes therein, if the ordinance of acceptance expressly states that the council deems such sewer, or gas pipes, or water pipes, to be then un- necessary, but the lots of land previously, or at any time, assessable for the cost of constructing a sewer, shall re- main and be assessable for such cost, and for the cost of repairs and restoration of the street damaged in the said construction, whenever said council shall deem a sewer to be necessary, and shall order it to be constructed, the same as if no partial or conditional acceptance had ever been made. The superintendent of streets shall keep in his oflice a register of all streets accepted by the city coun- cil under this section, which register shall be indexed for easy reference thereto. Sec. 21. The superintendent of streets shall keep a STREETS. 1303 public office in some convenient place within the munici- pality, and such records as may be required by the pro- visions of this act. He shall superintend and direct the cleaning of all sewers, and the expense of the same shall be paid out of the street or sewer fund of said city. Sec. 22. It shall be the duty of the superintendent of streets to see that the laws, ordinances, orders, and regu- lations relating to the public streets and highways be fully carried into execution, and that the penalties thereof are rigidly enforced. He shall keep himself informed of the condition of all the public streets and highways, and also of all public buildings, parks, lots, and grounds of said city, as may be prescribed by the city council. He shall, before entering upon the duties of his office, give bonds to the municipality, with such sureties and for such sums as may be required by the city council; and should he fail to see the laws, ordinances, orders, and regulations relative to the public streets or highways carried into execution, after notice from any citizen of a violation thereof, he and his sureties shall be liable upon his official bond to any person injured in his person or property in consequence of said official neglect. Sec. 23. If, in consequence of any graded street or public highway improved under the provisions of this act, being out of repair and in condition to endanger per- sons or property passing thereon, any person, while care- fully using said street or public highway, and exercising ordinary care to avoid the danger, suffer damage to his person or property, through any such defect therein, no recourse for damages thus suffered shall be had against such city; but if such defect in the street or public high- v/ay shall have existed for the period of twenty-four hours or more after notice thei'eof to the said superintendent of streets, then the person or persons on whom the law may have imposed the obligations to repair such defect in the street or public highway, and also the officer or officers through whose official negligence such defect remains un- repaired, shall be jointly and severally liable to the party injured for the damage sustained; provided, that said superintendent has the authority to make said repairs, under the direction of the city council, at the expense of the city. Sec. 24. The city council of such city shall have full 1304 STREETS. power and authority to construct sewers, gutters, 'and man- holes, and provide for the cleaning of the same, and cul- verts or cesspools, or crosswalks or sidewalks, or any portion of any sidewalk, upon or in any street, avenue, lane, alley, court, or place in such city; and also for drainage purposes, over or through any right of way ob- tained or granted for such purposes, with necessary and proper outlet or outlets to the same, of such materials, in such a manner, and upon such terms as it may be deemed proper. None of the work or improvements described in this section shall be stayed or prevented by any written or any other remonstrance or objection, unless such council deems proper. [Amendment approved March 11, 1893. Stats. 18B3, p. 173.] Sec. 25. The city council may, in its discretion, repair and water streets that shall have been graded, curbed, and planked, paved, or macadamized, and may build, repair, and clean sewers, and shall provide a street contingent fund at the same time and in the same manner as other funds are provided, out of which to pay the costs and expenses of making said repairs, and watering said streets, and building, repairing, and cleaning said sewers; but when- ever any unaccepted street or part of a street requires re- grading, recurbing, repiling, repaving, replanking, regrav- eling, or remacadamizing, or requires new culverts, or new crosswalks, or new sidewalks, or new sewers, the work shall be advertised and let out by contract, and the costs and expenses thereof shall be assessed upon the property affected or benefited thereby, the same as in the first instance. Sec. 26. The city council may, in its discretion, order, by resolution, that the whole or any part of the cost and expenses of any of the work mentioned in this act be paid out of the treasury of the municipality from such fund as the council may designate. "Whenever a part of such cost and expenses is so ordered to be paid, the superinten- dent of streets, in making up the assessment heretofore provided for such cost and expenses, shall first deduct from the v»'hole cost and expenses such part thereof as has been so ordered to be paid out of the municipal treasury, and shall assess the remainder of said cost and expenses proportionately upon the lots, parts of lots, and lands front- ing on the streets where said work was done, or liable to STREETS. 1305 be assessed for such work, and in the manner heretofore provided. [Amendment approved March 31^ 1891. Stats. 1891, p. 206.] Part 11. Sec. 27. Whenever the city council deem it necessary to construct a sewer, then the said council may, in its dis- cretion, determine to construct said sewer, and assess the cost and expenses thereof upon the property to he affect- ed or benefited thereby, in such manner and within such assessment district as it shall prescribe, and the lien therefor upon said property shall be the same as is pro- vided in section nine of this act, or said council may de- termine to construct said sewer and pay therefor out of the street contingent fund. Sec. 28. If, at any time, the city council shall deem it necessary to incur any indebtedness for the construction of sewers, in excess of the money in the street contingent fund applicable to the construction of such sewers, they shall give notice of a special election by the qualified electors of the city, to be held to determine whether such indebtedness shall be incurred. Such notice shall specify the amount of indebtedness proposed to be incurred, the route and general character of the sewer, or sewers to be constructed, and the amount of money necessary to be raised annually by taxation for an interest and sinking fund as hereinafter provided. Such notice shall be pub- lished for at least three v/eeks in some newspaper published in such city, and no other question or matter shall be sub- mitted to the electors at such election. If, upon a canvass of the votes cast at such election, it appear that not less than two thirds of all the qualified electors voting at such election shall have voted in favor of incurring such indebt- edness, it shall be the duty of the city council to pass an ordinance providing for the mode of creating such indebted- ness, and of paying the same; and in such ordinance pro- vision shall be made for the levy and collection of an an- nual tax upon all the real and personal property subject to taxation, within such city, sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within a period of not more than twenty years from the time of contracting the same. It shall be the duty of the city council in each year thereafter, at the time when other 1306 STREETS. taxes are levied, to levy a tax sufficient for such purpose, in addition to^the taxes authorized to be levied for city pur- poses. Such tax, when collected, shall be kept in the treas- ury as a separate fund, to be inviolably appropriated to the payment of the principal and interest of such indebtedness. Sec. 29. If bonds are issued under the provisions of the last section, sa^d bonds shall be in sums of not less than one hundred dollars nor more than one thousand dollars, shall be signed by the mayor and treasurer of the city, and the seal of the city shall be affixed thereto. Coupons for the interest shall be attached to each bond, signed by the mayor and treasurer. Said bonds shall bear interest, to be fixed by the city council, at the rate of not to exceed five per cent per annum. Sec. 30. Before the sale of said bonds, the council shall, at a regular meeting, by resolution, declare its intention to sell a specified amount of said bonds, and the day and hour of such sale, and shall cause such resolution to be entered in the minutes, and shall cause notice of such sale to be published for fifteen days in at least one news- paper published in the city in which the bonds are issued, and one published in the city and county of San Francisco, and in any other newspaper in the state, at their discretion. The notice shall state that sealed proposals will be re- ceived by the council for the purchase of the bonds on the day and hour named in the resolution. The council, at the time appointed, shall open the proposals and award the purchase of the bonds to the highest bidder, but may reject all bids. Sec. 31. The council may sell said bonds, at not less than par value, without the notice provided for in the pre- ceding section. Sec. 32. The proceeds of the sale of the bonds shall be deposited in the city treasury, to the account of the sewer fund, but no payment therefrom shall be made, except to pay for the construction of the sewer or sewers, for the construction of which the bonds were issued, and upon the certificate of the superintendent of streets and the city engineer that the work has been done according to the con- tract; provided, that after the completion of the sewers, for the construction of which said bonds were issued, if there be any money of said fund left in the treasury, the same may be transferred to the genpral fund, for general purposes. [Amendment approved March 15, 1S87. Stats. 1887, p. 148.] Sec. 33. Whenever said council shall determme to con- struct any sewer, and pay therefor out of the street con- tingent fund, or by the issuance of bonds, as above pro- vided, then said council shall cause to be prepared plans and specifications of said work in sections, and shall ad- vertise for twenty days in at least one newspaper published in the city in which the sewer is to be constructed, and one in the city and county of San Francisco, for sealed proposals for constructing said sewer. The work may be let in sections, and must be awarded to the lowest respon- sible bidder, the council having the right to reject any and all bids. The work shall be done and the materials fur- nished under the supervision and to the satisfaction of the superintendent of streets and the city engineer. Part III. Sec. 34. First — The city engineer, or where there is no city engineer, the county, or city and county surveyor, shall be the proper officer to do the surveying and other engi- neering work necessary to be done under this act, and to survey and measure the work to be done under contracts for grading and macadamizing streets, and to estimate the costs and expenses thereof; and every certificate signed by him in his official character shall be prima facie evidence in all courts in this state of the truth of its contents. He shall also keep a record of all surveys made under the provisions of this act, as in other cases. In all those cities where there is no city engineer, the city council thereof is hereby authorized and empowered to ap- point a suitable person to discharge the duties herein laid down as those of city engineer, and all the provisions here- of applicable to the city engineer shall apply to such per- son so appointed. Said city council is hereby empowered to fix his compensation for such services. Second — The words "work," "improve," "improved" and "improvement," as used in this act, shall include all work mentioned in this act, and also the construction, recon- struction and repairs of all or any portion of said work. Third — The term "incidental expenses," as used in this act, shall include the compensation of the city engineer for work done by him; also the cost of printing and advertis- ing as provided in this act, and not otherwise; also, the 130S STREETS. compensation of tlie person appointed by the superinten- dent of streets to take charge of and superintend any of tiie worli mentioned in section thirty-five of this act. All demands for incidental expenses mentioned in this subdi- vision shall be presented to the street superintendent by itemized bill, duly verified by oath of the demandant. Fourth — The notices, resolutions, orders or other mat- ter required to be published by the provisions of this act, and of the act of wliich this is amendatory, shall be pub- lished in a daily newspaper, in cities where such there is, and where there is no daily nevi'spaper, in a semi-weekly or weekly newspaper, to be designated by the council of such city, as often as the same is issued, and no other statute shall govern or be applicable to the publications herein provided for; provided, however, that only in case there is no daily, semi-weekly or weekly nevv'spaper printed or circulated in any such city, then such notices, resolutions, orders or other matters as are herein required to be pub- lished in a newspaper, shall be posted and kept posted for the same length of time as required herein for the publication of the same in a daily, semi-weekly or weekly newspaper, in three of the most public places in such city. Proof of the publication or posting of any notice provided for herein shall be made by affidavit of the ov.-ner, pub- lisher or clerk of the newspaper, or of the poster of the notice. No publication or notice, other than that provided for in this act, shall be necessary to give validity to any of the proceedings provided for therein. Fifth — The word "municipality" and the word "city," as used in this act, shall be understood and so construed as to include, and is hereby declared to include, all corpora- tions heretofore organized and now existing, and those hereafter organized, for municipal purposes. Sixth — The words "paved" or "repaved," as used in this act, shall be held to mean and include pavement of stone, whether paving blocks or macadamizing, or of lituminous rock or asphalt, or of iron, wood or other material, wheth- e.' patented or not, which the city council shall by ordi- nance adopt. Seventh — The word "street," as used in this act, shall be deemed to, and is hereby declared to, include avenues, highways, lanes, alleys, crossings, or intersections, courts and places, and the term "main street" means such actually STREETS. 1309 opened street or streets as bound a block; the word "blocks," whether regular or irregular, shall mean such blocks as are bounded by main streets, or partially by a boundary line of the city. Eight — The terms "street superintendent" and "superin- tendent of streets," as used in this act, shall be under- stood and so construed as to include, and are hereby de- clared to include, any person or officer v/hose duty it is, under the law, to have the care or charge of the streets, or the improvement thereof in any city. In all those cities where there is no street superintendent or superintendent of streets, the city council thereof is hereby authorized and empowered to appoint a suitable person to discharge the duties herein laid down as those of street superintendent or superintendent of streets; and all provisions hereof appli- cable to the street superintendent or superintendent of streets shall apply to such person so appointed. Ninth — The term "city council" is hereby declared to include any body or board which, under the law, is the legislative (. _ artment of the government of any city. Tenth — In municipalities in which there is no mayor, then ihe duties imposed upon said officer by the provisions of this act shall be performed by the president of the board of trustees, or other chief executive officer of the munici- pality. Eleventh — The term "clerk" and "city clerk" as used in this act, is hereby declared to include any person or officer who shall be clerk of the said city council. Twelfth — The term "quarter block," as used in this act as to irregular blocks, shall be deemed to include all lots or portions of lots having any frontage on either inter- secting street half way from such intersection to the next main street, or, when no main street intervenes, all the way to a boundary line of the city. Thirteenth — The term "one year," as used in this act, shall be deemed to include the time beginning with January first and ending with the thirty-first day of December of the same year. Fourteenth — References in certain sections, by number, to certain other sections of "this act" refer to the num- ber of the sections of the original act, as heretofore amend- ed, unless it appears from the context that the reference is to the section of this amendatory act, when it shall be 1310 STREETS. construed according to the context. [Amendment approved March 31, 1891. Stats. 1891, p. 20S.] Sec. 35. The superintendent of streets in all cities hav- ing a population of fifty thousand or over shall, when in his judgment it is necessary, appoint a suitable person to take charge of and superintend the construction and im- provement of each and every sewer constructed or im- proved under the provisions of this act, and of piling and capping, sidewalks, or of the paving of whatever char- acter heretofore mentioned, in whole or in part, of one block or more, whose duty it shall be to see that the con- tract made for the doing of said work is strictly fulfilled in every respect, and in case of any departure therefrom to report the same to the superintendent of streets. Such person shall be allowed for his time actually employed in the discharge of his duties such compensation as shall be just, but not to exceed four dollars per day. The sum to which the party so employed shall be entitled shall be deemed to be incidental expenses, within the meaning of those words as defined by this act. [Amendment ap- proved March 6, 1903. Stats. 1903, p. 88.] Sec. 36. The act entitled "An act to provide for the improvement of streets, lanes, alleys, courts, places, and sidewalks, and the construction of sewers within munici- palities," approved March sixth, eighteen hundred and eighty-three, is hereby repealed; provided, that any work or proceedings commenced thereunder prior to the passage of this act shall in nowise be affected hereby, but shall in all respects be finished and completed under said act of March sixth, eighteen hundred and eighty-three, and said repeal shall in nowise affect said work or proceedings. Sec. 37. That said act shall take effect and be in force immediately upon Its passage, and all acts and parts of acts in conflict with this act are hereby repealed; and pro- vided, however, that any work or proceeding of the city council commenced under the act of which this is amenda- tory shall in nowise be affected thereby, but shall in all respects be finished and completed thereunder. [Amend- ment approved March 11, 1893. Stats. 1893, p. 173.] Sec. 38. The city council is hereby empowered to change or modify the grade of any public street, lane, alley, place, or coui-t, and to regrade or repave the same, so as to conform to such modified grade, in the manner as STREETS. 1311 hereinafter provided. Before any change of grade is or- dered the city council shall pass an ordinance or resolution of intention to make such change or modification of grade, and it shall have power at the same time and in the same ordinance or resolution to provide for the actual cost of performing the work of regrading, repaying, sewering, side- walking, or curbing of said street or portion of street, with the same or other material with which it was formerly graded, paved, sewered, sidewalked, or curbed; and that the cost of the same shall also be assessed upon the same district which is declared to be benefited by such changed or modified grade. One or more streets or blocks of streets may be embraced in the same ordinance or resolution. Such ordinance or resolution shall be published in the newspaper in which the official notices of the city coun- cil are usually printed and published; and such newspaper is to be designated in such ordinance or resolution. Such publication shall be made in every regular issue of such paper for not less than ten days, and shall describe the pro- posed change or modification of grade or regrading, and shall designate and establish the district to be benefited by such change or modification of grade or regrading, and to be assessed for the cost of the same. Within five days after the first publication of the ordinance or resolution of Intention, the superintendent of streets shall cause to be conspicuously posted within the district designated in tbe Ordinance or resolution, notice of the passage of said reso- lution. Said notices shall be the same in all requirements of contents and posting as the "Notices of Street Work" provided for in section three of the original act to which this is amendatory. If no objection to said proposed change or changes, or modifications of grade, shall be filed with the clerk of the council within thirty days from the first publication of the ordinance or resolution of in- tention hereinbefore mentioned, the city council shall have power to declare such grades to be changed and estab- lished in conformity to said ordinance or resolution; pro- vided, that no change of an established grade shall be ordered except on petition of the owners of a majority of the property affected by the proposed change of grade. [Amendment approved March 9, 1893. Stats. 1893, p. 89.] Sec. 39. Within thirty days after the first publication of said notice, any person owning property fronting upon 1312 STREETS. said portions of the street or streets where such change of grade is made, may file a petition with the clerk of the city council showing the fact of such ownership, the de- scription and situation of the property claimed to be damaged, its market value, and the estimated amount of damages over and above all benefits which the property would sustain by the proposed change if completed. Such petition shall be verified by the oath of the petitioners or their agents. [Amendment approved March 9, 1893. Stats. 1893, p. 90.] Sec. 40. Whenever such petition or petitions have been filed, the mayor, surveyor, and superintendent of streets of the city, or city and county, acting as a board of com- missioners, shall assess the benefits, damages, and costs of the proposed change of grade upon each separate lot of land situated within such assessment district, as said lot appears of record upon the last city, or city and county assessment roll. [Amendment approved March 9, 1893. Stats. 1893, p. 90.] Sec. 41. The commissioners shall be sworn to make the assessments of benefits and damages to the best of their judgment and ability, without fear or favor. [Amendment approved March 9, 1893. Stats. 1893, p. 90.] Sec. 42. The commissioners shall have power to sub- poena witnesses to appear before them to be examined un- der oath, which any one of said commissioners is authorized to administer. [Amendment approved March 9, 1893. Stats. 1893, p. 90.] Sec. 43. The commissioners having determined the damage w^hich would be sustained by each petitioner, in excess of all benefits, shall proceed to assess the total amount thereof, together with the costs, charges, and ex- penses of the proceedings, upon the several lots of land benefited within the district of assessment, so that each of the lots shall be assessed in accordance with its bene- fits caused by such work or improvement; and during the progress of their work shall make a report to such city council as often as it may be required. [Amendment ap- proved March 9, 1893. Stats. 1893, p. 90.] Sec. 44. The commissioners shall make their report, in writing, and shall subscribe to the same and file with the city council. In their said report thoy shall describe separately each piece of property which will sustain dam- STREETS. 1313 age, Stating the amount of damages each will sustain over and above all benefits. They shall also give a brief descrip- tion of each lot benefited within said assessment district, the name of the owner, if known, and the amount of benefits in excess of damages assessed against the same. In case the three commissioners do not agree, the award agreed upon by any two of them shall be sufficient. In designating the lots to be assessed, reference may be had to a dia- gram of the property in the district affected; such diagram to be attached to and made a part of the report of the com- missioners. [Amendment approved March 9, 1893. Stats. 1893, p. 90.] Sec. 45. If in any case the commissioners find that con- flicting claims of title exist, or shall be in ignorance or doubt of the ownership of any lot or land, or any improve- ment thereon, or any interest therein, it shall be set down as belonging to unknown owners. Error in the designation of the owner or owners of any land or improvements, or particulars of their interest, shall not affect the validity of the assessment. On the filing of said report, the clerk of said city council shall give notice of such filing by the publication of at least ten days in one or more daily news- papers published and circulated in said city; or if there be no daily newspaper, by three successive issues in a weekly or semi-weekly newspaper so published and circu- lated; and said notice shall require all persons interested to show cause, if any, why such report should not be confirmed, before the city council, on a day to be fixed by the city council and stated in said notice, which day shall not be less than twenty days from the first publica- tion thereof. [Amendment approved Maixh 9, 1S93. Stats. 1893, p. 91.] Sec. 46. All objections shall be in writing and filed with the clerk of the city council, who shall, at the next meeting after the date fixed in the notice to show cause, lay the said objections, if any, before the council, which shall fix a time for hearing the same; of which time the clerk shall notify the objectors in the same manner as are notified objectors to the original resolution of intention. At the time set, or at such other time as the hearing may be adjourned, the city council shall hear such objections and pass upon the same, and at such time shall proceed to pass upon such report, and may confirm, correct, or modify the 1314 STREETS. same, or may order the commissioners to make a new assessment, report, and plat, which shall be filed, notice given and had, as in the case of an original report. In case the ordinance or resolution of intention also pro- vides for the assessing upon the district the cost of re- grading or repaving such street or streets to such changed or modified grade, after the report of the commissioners as to the damages caused by such change of grade has been passed upon by the city council, it shall then advertise for bids to perform the work of regrading, repaving, sewer- ing, sidewalking, or curbing such street or streets with the same or other material with which the same had been for- merly graded, paved, sewered, sidewalked, or curbed; first causing a notice, with specifications, to be posted con- spicuously for five days on or near the council chamber door, inviting sealed proposals for bids for doing such work, and shall also cause notices of said work, inviting said proposals and referring to the specifications posted or on file, to be published two days in a daily, semi-weekly, or weekly newspaper published and circulated in said city, and designated by the city council for that purpose, and in case there is no newspaper published in the city, then it shall be posted as provided in section three of the original act to which this is amendatory. All proposals or bids offered shall be accompanied by a check, payable to the order of the mayor of the city, and certified by a re- sponsible bank for that amount, which shall not be less than ten per cent of the aggregate of the proposals; or by a bond for said amount, signed by the bidder and two sure- ties, who shall justify under oath In double said amount over and above all statutory exemptions. Said proposals or bids shall be delivered to the clerk of the said city coun- cil, and said council shall in open session, examine and publicly declare the same; provided, however, that no proposal or bid shall be considered unless accompanied by a check or a bond satisfactory to the council. The city council may reject any and all bids, and may award the contract to the lowest responsible bidder, which award shall be approved by the mayor or the three-fourths vote of the city council. If not approved by the mayor or the three-fourths vote of the city council, the city council may readvertise for proposals or bids for the perform- ance of the work, as in the first instance, and thereafter STREETS. 1315 proceed in the manner in this section provided. All checks accompanying bids shall be held by the clerk until the bearer has entered into a contract, as herein provided; and in case he refuses so to do, then the amount of his certified check shall be declared forfeited to the city, and shall be collected and paid into its general fund, and all bonds so forfeited shall be prosecuted, and the aihount thereon collected paid into such fund. Notice of the awards of the contracts shall be published and posted in the same manner as hereinbefore provided for the posting of proposals for said work. [Amendment approved March 9, 1893. Stats. 1893, p. 91.] Sec. 47. After such contract has been awarded and en- tered into, the clerk of the city council shall certify to the city council that fact, together with the total amount of the cost of the same, whereupon the city council shall cause to be forwarded to the commissioners a copy of such certificate; whereupon such commissioners shall proceed to assess the cost of doing such work upon all the lots and land lying within the district to be assessed, distributing the same so that each lot will be assessed for its propor- tion of the same, according to the benefits it receives from the work, and in the same manner in which the damages caused by the change of grade were assessed upon the same. Such commissioners, in making such assessment, shall show the total amount for which each lot or tract is assessed, in excess of all benefits, for the total cost of changing and modifying the grade of the street, as well as the regrading, repaving, sewering, sidewalking, and curb- ing of the same, and costs or damages connected therewith. The provisions of the act to which this is amendatory In regard to the mode or manner of the assessment of the cost of such work shall not apply to the work herein contemplated; neither shall the provisions of the same in regard to the issuing of bonds to represent the cost of the same, nor the provisions in regard to the right of protest against the work. [Amendment approved March 9, 1893. Stats. 1893, p. 92.] Sec. 48. The clerk of said city council shall forward to the street superintendent of the city a certified copy of the report, assessment, and plat, as finally confirmed and adopted by the city council. Such certified copy shall thereupon be the assessment roll, the cost of which shall 1316 STREETS. be provided for by the commissioners, as a portion of the cost of the proceedings therein. Immediately upon receipt thereof by the street superintendent, the assessment there- in contained shall become due and payable, and shall be a lien upon all the property contained or described therein. [Amendment approved March 9, 1893. Stats. 1893, p. 93.] Sec. 49. The superintendent of streets shall thereupon give notice, by publication for ten days in one or more daily newspapers published and circulated in said city, or city and county, or two successive insertions in a weekly or semi-weekly newspaper so published and circulated, that he has received said assessment roll, and that all sums levied and assessed in said assessment roll are due and payable immediately, and that the payment of said sums is to be made to him within thirty days from the date of the first publication of said notice. Said notice shall also con- tain a statement that all assessments not paid before the expiration of said thirty days will be declared to be de- linquent, and that thereafter the sum of five per cent upon the amount of such delinquent assessment together with the cost of advertising each delinquent assessment, will be added theretq. When payment of any assessment is made to said superintendent of streets, he shall write the word "Paid" and the date of payment opposite the respective assessment so paid, and the name of the persons by or for whom said assessment is paid, and shall give a receipt therefor. On the expiration of said thirty days, all assess- ments then unpaid siiall be and become delinquent, and said superintendent of streets shall certify such fact at the foot of said assessment roll, and shall add five per cent to the amount of each assessment so delinquent. The said supei'intendent of streets shall, vvithin five days from the date of such delinquency, proceed to advertise the various sums delinquent, and the whole thereof, including the cost of advertising, which last shall not exceed the sum of fifty cents for each lot, piece, or parcel of land separately assessed, by the sale of the assessed property in the same manner as is or may be provided for the collection of state and county taxes; and after the date of said de- linquency, and before the time of such sale herein pro- vided for, no assessment shall be received, unless at the same time the five per cent added to as aforesaid, together with the costs of advertising then already incurred, shall STREETS. 1317 be paid therewith. Said list of delinquent assessments, with a notice of the time and place of sale of the prop- erty affected thereby, shall be published daily for five days, in one or more daily newspapers published and circu- lated in such city, or by at least two insertions in a weekly newspaper so published and circulated before the day of sale for such delinquent assessment. Said time of sale must not be less than seven days from the date of the first publication of said delinquent assessment list, and the place must be in or in front of the office of said superin- tendent of streets. All property sold shall be subject to redemption for one year, and in the same manner as in sales for delinquent state and county taxes; and the superintendent of streets shall, if there is no redemption, make and deliver to the purchaser at such saie a deed con- veying the property soUi, and may collect for each certifi- cate fifty cents, and for each deed one dollar. All provis- ions of the law in reference to the saie and redemption of property for delinquent state and county taxes, in force at any given time, shall also then, as far as the same are not in conflict with the provisions of this act, be applicable to the sale and redemption of propei'ty for delinquent as- sessments hereunder, including the issuance of certificates and execution of deeds. The deed of the street superin- tendent, made after such sale, in case of failure to redeem, shall be prima facie evidence of the regularity of all pi"o- ceedings hereunder, and of title in the grantee. The super- intendent of streets shall from time to time pay over to the city treasurer all moneys collected by him on account of any such assessments. The city treasurer shall, upon re- ceipt thereof, place the same in a separate fund, desig- nating each fund by the name of the street, square, lane, alley, court, or place for the change of grade for which the assessment was made. Payments shall be made from said fund to the parties entitled thereto, upon warrants signed by the commissioners or a majority of thorn. [Amendment approved March 9, 1893. Stats. 1893, p. 93.] Sec. 50. When sufficient money is in the hands of the city treasurer, in the fund voted for the proposed work or improvement, to pay the total cost for damages, as well as for the cost of doing the work, and all other expenses con- nected therewith, it shall be the duty of the commissioners to notify the owner, possessor, or occupant of the premises 1318 STREETS. damaged, and to whom damages have been awarded, that a warrant has been drawn for the payment of the same, which can be received at the office of such commissioners. Such notification may be made by depositing a notice, postage paid, in the postoffice, addressed to his last Itnown place of residence. If, after the expiration of three days after the service or deposit of the notice in the postoffice, he shall not have applied for such warrant, the same shall be drawn and deposited with the city treasurer, to be de- livered to him upon demand. [Amendment approved March 9, 1893. Stats. 1893, p. 94.] Sec. 51. If the owner of any premises damaged neglects or refuses, for ten days after the warrant has been placed in the hands of the city treasurer, subject to his demand, to accept the same, the city council may cause proceedings to be commenced, in the name of the city, to condemn said premises, as provided by law under the right of eminent domain. The ordinance or resolution of intention shall be conclusive evidence of the necessity of the same. Such proceedings shall have precedence, so far as the business of the court will permit, and any judgment for damages therein rendered shall be payable out of the special fund in the treasury for that purpose. At any time after the ti'ial and judgment .entered, or pending appeal, the court may order the city treasurer to set apart in the city treas- ury a sufficient sum from said fund to answer the judgment, and thereupon may authorize or order the municipality to proceed with the proposed work or improvements. In case of a deficiency in said fund to pay the whole assessed judg- ment and damages, the city council may, in its discretion, order the balance thereof to be paid out of the general fund of the treasury, or to be distributed by the commissioners over the property assessed by a supplementary assess- ment; but in the last named case, in order to avoid delay, the city council may advance such balance out of any avail- able fund in the treasury, and reimburse the same from the collection of assessments. The treasurer shall pay such warrants in the order of their presentation; provided, that warrants for damages and for costs of performing the work shall have priority over warrants for charges and expenses, and the treasurer shall see that sufficient money remains in the fund to pay all warrants of the first class before paying any of the second. The provisions of section STREETS. 1319 one thousand two hundred and fifty-one of the Code of Civil Procedure, requiring the payment of damages within thirty days after the entry of judgment, shall not apply to damages rendered in proceedings under this act. [Amendment approved March 9, 1893. Stats. 1893, p. 95.] Sec. 52. All other provisions contained in the act to which this is amendatory, and which provisions are not in conflict herewith, shall apply to all matters herein con- tained. All proceedings in any work or improvement, such as is provided for in this act, already commenced and now in progress under another act now in force, or by virtue of an ordinance or resolution of intention heretofore passed, may, from any stage of such proceedings already commenced and now in progress, be continued under this act by resolution of the city council. The said work or improvement may then be conducted under the provisions of this act, with full force and effect in all respects from the stage of such proceedings at and from which such reso- lution or ordinance shall declare the intention to have such work done or improvement cease under such oth^r acts or ordinances and continued under this act; and from such election so made all proceedings theretofore had are hereby ratified, confirmed, and made valid, and it shall be unnecessary to renew or conduct over again any pro- ceedings prior to the passage of this act. [Amendment approved March 9, 1893. Stats. 1893, p. 95.] Sec. 53. The provisions of this act shall be liberally construed to permit the objects thereof. [Amendment approved March 9, 1893. Stats. 1893, p. 96.] ACT 3931. An act to provide for laying out, opening, extending, widening, straightening, diverging, curving, contract- ing, or closing up, in whole or in part, any street, square, lane, alley, court, or place within municipali- ties or cities and cities and counties of forty thousand inhabitants or over, and to condemn and acquire any and all land and property necessary or convenient tor that purpose. [Approved March 23, 1893. Stats. 1893, p. 220.] The code commissioners say of this act : "Probably unconsti- tutional. (Darcy v. Mayor of San Jose, 104 Cal. 642; Pasadena v. Stimson, 91 Cal. 258.)" 1320 STREETS. Section 1. Be it enacted: Wtienever the public interest or convenience may require, the city council of any mu- nicipality or cities and cities and counties, containing over forty thousand inhabitants, shall have full power to or- der, and upon the petition of the owners of a majority of the frontage to be taken for said purpose shall order, the opening, extending, widening, straightening, diverging, curving, contracting, or closing up, in whole or in part, of any street, square, lane, alley, court, or place within the bounds of such city, and shall condemn and acquire any and all lands necessary or convenient for that purpose. Sec. 2. Before ordering any work to be done or im- provement made, which is authorized by section one of this act, the city council shall then pass a resolution declaring the intention to do said work, describing the w-ork or im- provement, and the land deemed necessary to be taken therefor, and specifying the exterior boundaries of the district of land to be afiiected or benefited by said work or improvement, and be assessed to pay the damages, cost, and expense thereof. Sec. 3. The street superintendent shall then cause to be conspicuously posted along the line of said contemplated work or improvement, and not more than three hundred feet in distance apart, but not less than three in all, notices of the passage of said resolution. Said notice shall be headed, "Notice of Public Work," in letters not less than one inch in length, shall be in legible characters, state the fact of the passage of the resolution, its date, and, briefly, the work of improvement proposed, and refer to the resolution for further particulars. He shall also cause a notice similar in substance to be published for a period of ten days in one or more daily newspapers pub- lished and circulated in said city, and designated by said city council; or if there is no daily newspaper so published and circulated in said city, then by four successive inser- tions in a weekly or semi-weekly newspaper so published, circulated, and designated. Sec. 4. Any person through whose lands said proposed street extension runs, or who will be damaged or affected by said proposed work, may, within ten days after the first publication of said notice, file with the clerk of the city council his written objections thereto, stating in what manner and to what extent he will be damaged, which ob- STREETS. 1321 jection shall be delivered to the clerk of the city council, who shall indorse thereon the date of its reception by him, and at the next meeting of the city council, after ihe expiration of said ten days, lay said objections before said city council, which shall fix a time for hearing said objections, not less than one week thereafter. The city clerk shall thereupon notify the persons making such objections by depositing a notice thereof in the post- office of said city, postage prepaid, addressed to such objector. Sec. 5. At the time specified, or to which the hearing may be adjourned, the city council shall hear the objections filed, and if the owners of a majority of the frontage of all lands to be assessed for benefits, as said owners ap- pear on the last preceding annual assessment roll for state and county taxes, object, in writing, to said proposed open- ing, extending, and widening, straightening, diverging, curving, contracting, or closing up of said street, said city council shall sustain said objections, and all proceed- ings therefor shall be stopped for the period of twelve months. Proceedings may be again commenced by a new resolution of intention. If the owners of a majority of the frontage of all streets within the assessment district do not object, in writing, thereto, within the time specified in this act, the city council shall be deemed to have ac- quired jurisdiction to order any of the work to be done or improvements to be made which is authorized by sec- tion one of this act. Sec. 6. Having acquired jurisdiction, as provided in the preceding section, the city council shall order said v/ork to be done, and, unless the proposed work is for closing up, and it appears that no assessment is necessary, shall appoint three disinterested persons, who shall con- stitute a board of commissioners in that regard, who shall have full supervision of the proposed work or improve- ment until the completion thereof in compliance with this statute. For their services they shall each receive, as compensation, not to exceed five dollars for every day of actual service; provided, that said compensation shall not be paid for a longer term than six months for each district, unless extended by the council. Such extension shall not exceed two months at one time, nor shall the term of ofiice of said commissioners, for any district, con- tinue for longer than one year. Such compensation shall Gen. Laws— 56 1322 STREETS. be added to and be chargeable as a part of the expenses of the work or improvement. Each of said commissioners shall file with the clerk of the city council an aflBdavit and a bond to the state of California, in the sum of five thou- sand dollars, to faithfully perform the duties of his office. The city council may at any time remove any or all of said commissioners for cause upon reasonable notice and hearing, and may fill any vacancies occurring among them for any cause. At the end of the terms of said com- missioners, they shall hand over all unfinished business to the city council, who shall complete the same. In all municipalities where there is a board of public works, such board shall constitute the board of commissioners in this section provided for, and shall perform the duties of such commissioners, and their salaries as members of the board of public works shall be in full compensation for such services. It shall be the official duty of the city attorney to render said commissioners all necessary legal services; provided, that the city surveyor shall, for any work or services which he may perform by the direction of the common council or other legislative department of the city government, receive, in addition to his salary allowed by law, all sums which he may lay out, pay out, or expend in the prosecution of said work, for materials or labor necessarily therein by him employed. Sec. 7. Said commissioners shall have an office assigned to them by the city council, in the city hall, and shall have power to employ a secretary, at a salary not to ex- ceed one hundred and fifty dollars per month, and such other clerical assistance as shall be provided them by the city council, the salaries and fees of whom shall be estab- lished and fixed by said city council. Sec. 8. All such charges and expenses shall be deemed as expenses of said work of improvement, and be a charge only upon the funds devoted to the particular work or improvement as provided hereinafter. All payments, as well for the land and improvements taken or damaged, and for the charges and expenses, shall be paid by the city treasurer, upon warrants dravm upon said fund from time to time, signed by said commissioners, or a majority of them. All such warrauis shall state whether they are issued for land or improvements taken or damaged, or for STREETS. 1323 charges and expenses, and that the demand is only payable out of the money in said fund, and in no event shall the city be liable for the failure to collect any assessment made by virtue hereof, nor shall said warrant be payable out of any other fund, nor a claim against the city. Sec. 9. Said commissioners shall proceed to view the lands described in the resolution of intention, and may ex- amine witnesses on oath, to be administered by any of them. Having viewed the land to be taken, and the im- provements affected, and considered the testimony pre- sented, they shall proceed with all diligence to detei-mine the value of the land, and the damage to improvement and property affected, and also the amount of the expenses incident to said work or improvement, and having deter- mined the same, shall proceed to assess the same upon the lands described in said district herein provided. The lands fronting on said extension or widening shall only be as- sessed to the depth of one hundred and twenty feet, or the full depth of the lots, not exceeding one hundred and fifty feet; and said lands shall be assessed with reference to the amount of grading to be done, and their location on the grades of said street or improvement; and the ex- penses of gi-ading said lots or lands, whether filling or cutting shall be necessary to place them on the grade of said street or improvement, shall be estimated in deter- mining the value of the land, and the damage to the improvement and property affected. Sec. 10. Said commissioners, having made their assess- ment of benefits and damage, shall, with all diligence, make a written report thereof, to the city council, and shall accompany their report with a plat showing the land taken, or about to be taken, for the work or improvement, and the lands assessed, showing the relative location of each district, block, lot, or portion of lot, and its dimen- sions, so far as the commissioners can reasonably ascer- tain the same. Each block and lot, or portion of lot, taken or assessed, shall be designated and described in said plat by an appropriate number, and a reference to it by such descriptive number shall be a sufficient description of it in any suit entered to condemn and in all respects. When the report and plat are approved by the city council, a copy of said plat, appropriately designated, shall be filed by the clerk thereof in the office of the recorder of the county. 1324 STREETS. Sec. 11. Said report shall specify each lot, subdivision, or piece of property taken or injured by the widening or other improvement, or assessed therefor, together with the name of the owner or claimant thereof, or of persons in- terested therein as lessees, incumbrancers, or otherwise, so far as the same are known to such commissioners, and the particulars of their interests, so far as the same can be ascertained, and the amount of value or damage, or the amount assessed, as the case may be. Sec. 12. If in any case the commissioners find conflict- ing claims of title exist, or shall be in ignorance or doubt as to the ownership of any lot of land, or of any improve- ments thereon, or any interest therein, it shall be set down as belonging to unknown owners. Error in the designa- tion of the owner or owners of any land or improvements, or of the particulars of their interest, shall not affect the validity of the assessment or the condemnation of the property to be taken. Sec. 13. Said report and plat shall be filed in the clerk's office of the city council, and thereupon the clerk of said city council shall give notice of such filing by pub- lication for at least ten days in one or more daily news- papers published and circulated in said city; or if there be no daily newspaper, by three successive insertions in a weekly or semi-weekly newspaper so published and cir- culated. Said notice shall also require all persons interest- ed to show cause, if any, why such report should not be confirmed, before the city council, on or before a day fixed by the clerk thereof, and stated in said notice, which day shall be not less than thirty days from the first pub- lication thereof. Sec. 14. All objections shall be in writing, and filed with the clerk of the city council, who shall, at the next meeting after the day fixed in the notice to show cause, lay the said objections, if any, before the city council, which shall fix a time for hearing the same, of which the clerk shall notify the objectors in the same manner as objectors to the original resolution of intention. At the time set, or at such other time as the hearing may be adjourned to, the city council shall hear such objec- tions and pass upon the same; and at such time, or if there be no objections at the first meeting after the day set in STREETS. 1325 such order to show cause, or such other time as may be fixed, shall proceed to pass upon such report, and may confirm, correct or modify, or may sustain the objections thereto and order the commissioners to make a new re- port, assessment, and plat, which in either case shall be filed, and notice given and hearing had, as in the case of the original report; but no report, or plat, or assessment shall be filed by said commissioners after the expiration of ten months after their appointment. Sec. 15. The clerk of said city council shall forward to the street superintendent of the city a certified copy of the report, assessment, and plat as finally confirmed and adopted by the city council. Such certified copy shall thereupon be the assessment roll, and thirty days after such filing shall become a lien on the property assessed therein, for its proportion of the costs of said improve- ment, as hereinbefore provided. Sec. 16. The superintendent of streets shall thereupon give notice by publication for ten days in two daily news- papers published and circulated in said city and county, or by two successive insertions in a weekly or semi- weekly newspaper so published and circulated, that he has received said assessment roll, and that all sums levied and assessed in said assessment roll are due and pay- able immediately, and that the payment of said sums is to be made to him within thirty days from the date of the first publication of said notice. Said notice shall also contain a statement that all assessments not paid before the expiration of said thirty days will be declared to be delinquent, and that thereafter the sum of five per cent upon the amount of each delinquent assessment, together with the cost of advertising each delinquent assessment, will be added thereto. When payment of any assessment is made to said superintendent of streets, he shall write the word "Paid" and the date of payment opposite the respective assessments so paid, and the names of persons by or for whom said assessment is paid, and shall, if so required, give a receipt therefor. On the expiration of said thirty days, all assessments then unpaid shall be and become delinquent, and said superintendent of streets shall certify such fact at the foot of said assessment roll, and shall add five per cent to the amount of each assess- ment so delinquent. The said superintendent of streets 1326 STREETS. shall, within five days from the date of said delinquency, proceed to advertise and collect the various sums delin- quent and the whole thereof, including the cost of ad- vertising, which last shall not exceed the sum of fifty cents for each lot, piece, or parcel of land separately a sessed, by the sale oi Li^e ab£.essed property in the same manner as is or may be provided for the collection of state and county taxes; and after the date of said delin- quency, and before the time of said sale herein provided for, no assessment shall be received unless at the same time the five per cent added thereto, as aforesaid, together with the cost of advertising then already incurred, shall be paid therewith. Said list of delinquent assessments shall be published daily for five days in one or more daily newspapers published and circulated in such city, or by at least one insertion in a weekly newspaper so pub- lished and circulated, before the day of sale of such delinquent assessment. Said time of sale must not be less than seven days from the date of the first publication of said delinquent assessment list, and the place must be in or in front of the office of said superintendent of streets. All property sold shall be subject to redemption in the same time and manner as in sales for delinquent state and county taxes; and the superintendent of streets may col- lect for each certificate fifty cents, and for each deed one dollar. All provisions of the law in reference to the sale and redemption of property for delinquent state and county taxes in force at any given time shall also then, so far as the same are not in conflict with the provisions of this act, be applicable to the sale and redemption of property for delinquent assessments hereunder, including the issu- ance of certificates and the execution of deeds. The deed of the street superintendent made after such sales, in case of failure to redeem, shall be prima facie evidence of the regularity of all proceedings hereunder and of title in the grantee. It shall be conclusive evidence of the necessity of taking or damaging the lands taken or damaged, and of the correctness of the compensation awarded therefor. The superintendent of streets shall, from time to time, pay over to the city treasurer all moneys collected by him on account of any such assessments. The city treasurer shall, upon receipt thereof, place the same in a separate fund, designating such fund by the name of the street. STREETS. 1327 square, lane, alley, court, or place for the widening, open- ing, or other improvement of which the assessment was made. Payments shall be made from said fund to the parties entitled thereto, upon warrants signed by the commissioners, or a majority of them. Sec. 17. When sufficient money is in the hands of the city treasurer, in the fund devoted to the proposed work or improvement, to pay for the land or improvements taken or damaged, and when, in the discretion of the commissioners, or a majority of them, the time shall have come to make payments, it shall be the duty of the com- missioners to notify the owner, possessor, or occupant of any land or improvements thereon to whom damages shall have been awarded that a warrant has been drawn for the payment of the same, and that he can receive such warrant at the office of such commissioners, upon tendering a conveyance of any property to be taken; such a notification, except in the case of unknown owners, to be made by depositing a notice, postage paid, in the postoffice, addressed to his last known place of abode or residence. If, at the expiration of thirty days after the deposit of such notice, he should not have applied for such warrant and tendered a conveyance of the land to be taken, the warrant so drawn shall be deposited with the county treasurer, and shall be delivered to such owner, possessor, or occupant, upon tendei'ing a conveyance as aforesaid, unless judgment of condemnation snail be had, when the same shall be canceled. Sec. 18. If any owner of land to be taken neglects or refuses to accept the warrant drawn in his favor, as aforesaid, or objects to the report as to the necessity of taking his land, the commissionei'S, with the approval of the city council, may cause proceedings to be taken for the condemnation thereof, as provided by law under the right of eminent domain. The complaint may aver that it is necessary for the city to take or damage and condemn the said lands, or an easement therein, as the case may be, without setting forth the proceedings herein provided for, and the resolution and ordinance ordering said work to be done shall be conclusive evidence of such necessity. Such proceedings shall be brought in the name of the municipality, and have precedence, so far as the business of the court will permit; and any judgment for damages 1328 STREETS. therein rendered shall be payable out of such portion of the special fund as may remain in the treasury, so far as the same can be applied. At any time after trial and judgment entered, or preceding an appeal, the court may order the city treasurer to set apart in the city treasury a sufficient sum from the fund appropriated to the particu- lar improvement, to answer the judgment and all damages, and thereupon may authorize and order the municipality to enter upon the land and proceed with the proposed work and improvement. In case of a deficiency in said fund to pay the whole of said judgment and damages, the city council shall order the balance thereof to be paid out of the general fund of the treasury. Sec. 19. The treasurer shall pay such warrants out of the appropriate fund, and not otherwise, in the order of their presentation; provided, that warrants for land or improvements taken or damaged shall have priority over warrants for charges and expenses, and the treasurer shall see that sufficient money is and remains in the fund to pay all warrants of the first class before paying any of the second. Sec. 20. If any title attempted to be acquired by virtue of this act shall be found to be defective from any cause, the city council may again institute proceedings to acquire the land as in this act provided, or otherwise, or may authorize the commissioners to purchase the same, and include the cost thereof in a supplementary assessment, as provided in the last section. Sec. 21. 1. The words "work" and "improvement," as used in this act, shall include all work mentioned in sec- tion one of this act. 2. In case there is no daily or weekly or semi-weekly newspaper printed and circulated in the city, then such notices as are herein required to be published in a news- paper shall be posted and kept posted for the length of time required herein for the publication of the same in a weekly newspaper, in three of the most public places in such city. Proof of the publication of posting of any notice provided for herein shall be made by affidavit of the owner, publisher, or clerk of the newspaper, or of the poster of uhe notice. 3. The word "municipality" and the word "city" shall STREETS- 1329 be understood and so construed as to include all corpora- tions heretofore organized and now existing, or hereafter organized, for municipal purposes. 4. The term "street superintendent" and "superintend- ent of streets," as used in this act, shall be understood and so construed as to include, and are hereby declared to include, any person or officer whose duty it is, under the law, to have the care or charge of the streets, or the im- provement thereof, in any city. In all those cities where there is no street superintendent or superintendent of streets, the city council thereof is hereby authorized and empowered to appoint a suitable person to discharge the duties herein laid down as those of street superintendent or superintendent of streets, and all the provisions hereof applicable to the street superintendent or superintendent of streets shall apply to such persons so appointed. 6. The term "city council" is hereby declared to include any body or board which, under the law, is the legislative department of the government of any city. 6. The term "clerk" and "city clerk," as used in this act, is hereby declared to include any person or officer who shall be clerk of said city council. 7. The term "treasurer" or "city treasurer," as used in this act, shall include any person or officer who shall have charge and make payment of the city funds. Sec. 22. The mayor, tax collector, and city or city and county attorney, as the case may be, of all municipalities wherein there is existing at the passage of this act any commission appointed for tbe opening, extending, or widen- ing of streets under the provision of said act of March sixth, eighteen hundred and eighty-nine, and which com- mission is not within the proviso of section twenty-three of this act, are hereby constituted a board of audit, whose duty it shall be, upon petition of said commission, to care- fully examine all the accounts, bills, and expenditures, made or contracted for by said commission, including the salaries of the said commissioners; and said board of audit, or a majority of its members, is hereby authorized to audit and allow such amounts as it shall find to be just and reasonable, and report said amounts, with the items thereof and to whom payable, to the city council. Said report shall be final and conclusive as to said amounts. The city council is authorized to pass and allow and 1330 STREETS. order paid to each of the persons entitled thereto, the amounts so found to be due, in the same manner as claims and demands against such municipality are passed, al- lowed, and ordered paid. The pajment of said amounts shall be provided for in the tax levy next thereafter made by said city council, and when said taxes are collected the said amounts shall be paid out of the general fund of said municipality in the same manner as other claims and demands are paid. Sec. 23. The act approved March sixth, eighteen hun- dred and eighty-nine, entitled An act for opening, widen- ing, and extending streets, etc., after the passage of this act, shall not apply to any city or city and county having a population of forty thousand inhabitants or over; but as to any city or city and county having a population of forty thousand or over said act shall not apply; but said cities and cities and counties shall be subject only to the provisions of this act in all matters embraced within the purview of this act; provided, however, that the pres- ent city council or other governing body of any munici- pality of forty thousand inhabitants or over shall have power, by a three-fourths vote of its members, to extend the life of any existing commission until its work shall have been completed as in said act provided; but in all other cases in cities or cities and counties of forty thou- sand inhabitants or over, the assessments, plats, and re- ports filed by said commissioners are declared to be null and void, and all moneys collected under the provisions of said act shall be refunded to the persons from whom the same were collected, in the same manner as taxes which have been twice collected, and the said commis- sioners are hereby removed from office; provided further, however, that in case of the lands necessary to widen or open any street, there shall have been actually pur- chased and conveyed to the municipality, under the pro- visions of said act of March sixth, eighteen hundred and eighty-nine, more than one half of the land necessary for said improvements, as shown by the report and plat on file, then said streets, and the improvement thereof, shall not be affected by this act, but the same shall be completed as commenced. Sec. 24. This act shall be liberally construed, to pro- mote the objects thereof. STREETS. 1331 This act shall take effect and be in force from the time of its passage. ACT 3932. An act to provide a system of street Improvement bonds to represent certain assessments for the cost of street work and improvement within municipalities, and also for the payment of such bonds. [Approved February 27, 1893. Stats. 1893, p. 33.] Amended 1899, 40. The code commissioners say of this act : "Amended 1899, 40. Unconstitutional, in so far as it undertakes to make the bond con- clusive evidence. (Ramish v. Hartwell, 126 Cal. 443.)" Section 1. Wherever in this act the phrase "street-work act" is used, it meaus, and shall be taken to mean, the act entitled "An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for construction of sewers within municipalities," approved March eight- eenth, eighteen hundred and eighty-five, and all acts amen- datory thereof or supplementary thereto; and wherever in this act the name of any municipal body or officer is used, or any word or phrase is used which is not herein expressly defined, it means and shall be taken to mean such municipal body or officer, or word or phrase, as the same is expressly defined in said street-work act, and in all acts amendatory thereof or supplementary thereto. Sec. 2. Whenever the city council of any municipality in this state shall find, upon estimates of the city engineer, that the cost of any proposed work or improvement au- thorized by said street-work act will be greater than fifty cents per front foot along each line of the street so pro- posed to be impi-oved, including the cost of intersection work assessable upon said frontage, it shall have the power, in its discretion, to determine that serial bonds shall be issued to represent the cost of said work or im- provement, in the manner and form hereinafter provided. Said serial bonds shall extend over a period not to exceed ten years from their date, and an even annual proportion of the principal sum thereof shall be payable, by coupon, on the second day of January every year after their date, until the whole is paid, and the interest shall be payable semi-annually, by coupon, on the second days of January and July, respectively, of each year, at the rate of not 1332 STREETS. to exceed ten per cent per annum on all sums unpaid, until the whole of said principal and interest are paid. Said bonds and interest thereon shall be paid at the office of the city treasurer of said municipality, who shall keep a fund designated by the name of said bonds, into which he shall receive all sums paid him for the principal of said bonds and the interest thereon, and from which he shall disburse such sums, upon the presentation of said coupons; and under no circumstances shall said bonds or the interest thereon be paid out of any other fund. Said city treasurer shall keep a register in his office, which shall show the series, number, date, amount, rate of in- terest, payee and indorsees of each bond, and the number and amount of each coupon or principal or interest paid by him, and shall cancel and file each coupon so paid. [Amended March 2, 1899. Stats. 1899, p. 40.] Sec. 3. When said city council shall determine that serial bonds shall be issued to represent the expenses of any proposed work or improvement under said street- work act, it shall so declare in the resolution of intention to do said work, and shall specify the rate of interest which they shall bear. The like description of said bonds shall be inserted in the resolution ordering the work, in the resolution of award, and in all notices of said pro- ceedings required by said street-work act to be either posted or published; and also a notice that a bond will issue to represent each assessment of tv/enty-five dollars or more remaining unpaid for thirty days after the date of the warrant, or five days after the decision of said council upon an appeal, and describing the bonds, shall be in- cluded in the warrant provided for in section nine of said street-work act. [Amended March 2, 1899. Stats. 1899, p. 40.] Sec. 4. After the full expiration of thirty days from the date of the warrant, or if an appeal be taken to the city council, as provided in section eleven of said street- work act, then five days after the final decision of said council, and after the street superintendent shall have recorded the return, as provided in section ten of the same act, the street superintendent shall make and certify to the city treasurer a complete list of all assessments un- paid, which amount to twenty-five dollars or over, upon any assessment or diagram number; and said treasurer STREETS. 1333 shall thereupon make out, sign, and issue to the contractor, or his assigns, payee of the warrant and assessment, a separate bond, representing upon each lot or parcel of land upon said list the total amount of the assessments against the same, as thereon shown. And if said lot or parcel of land is described upon said assessment and dia- gram by its number or block, or both, and is also desig- nated by its number or block, or both, upon the ofacial map of said municipality, or upon any map on file in the office of the county recorder of the county in which said municipality is situated, then it shall be iu said bond a sufficient description of said lot or parcel of land to desig- nate it by said number or block, or both, as it appears on said official or recorded map. Said bond shall be substantially in the following form: Street Improvement Bond. Series (designating it), in the city (or other form of the municipality) of (naming it;. $ 100. No. . Under and by virtue of an act of the legislature of the state of California (title of said act), I, out of the fund for the above designated street-improvement bonds, series , will pay to , or order, the sum of dollars ($ ) with interest at the rate of per cent per annum, all as is hereinafter specified, and at the office of the treasurer of the of , state of California. This bond is issued to represent the cost of certain street work upon , in the of , as the same is more fully described in assessment number , issued by the street superintendent of said , after his accept- ance of- said work, and recorded in his office. Its amount is. the amount assessed in said assessment against the lot or parcel of land numbered therein, and in the diagram attached thereto, as number , and which now remains unpaid, but until paid, with accrued interest, is a first lien upon the property affected thereby, as the same is described herein, and in said recorded assessment with its diagram, to wit: the lot or parcel of land in said of , county of , state of California, . This bond is payable exclusively from said fund, and neither the municipality nor any officer thereof is to be holden for payment otherwise of its principal or interest. 1334 STREETS. The term of this bond is years from its date, and at the expiration of said time the ■whole sum then unpaid shall be due and payable; but on the second day of Jan- uary of each year after its date an even annual proportion of its whole amount is due and payable, upon presentation of the coupon therefor, until the whole is paid, with all accrued interest at the rate of per centum per annum. The interest is payable semi-annually, to wit: on the second days of January and of July in each year hereafter, upon presentation of the coupons therefor, the first of which is for the interest from date to the next second day of , and thereafter the interest coupons are for semi- annual interest, except the last, which is for interest from the semi-annual payment nest preceding and to the date of the final maturity of this bond. Should default be made in the annual payment upon the principal, or in any payment of interest from the owner of said lot or parcel of land, or any one in his behalf, the holder of this bond is entitled to declare the whole unpaid amount to be due and payable, and to have said lot or par- cel of land advertised and sold forthwith, in the manner provided by law. At said of , this day of , in the year one thousand hundred and . City treasurer of the of . Provided, that in case the amount of unpaid assessments upon any lot or parcel of land shall be less than twenty- five dollars, then the same shall be collected as is here- inbefore provided in part one of said street-work act. Provided, also, that if any person, or his authorized agent, shall at any time before the issuance of the bond for said assessment upon his lot or parcel of land present to the city treasurer his afiidavit, made before a com- petent officer, that he is the owner of a lot or parcel of land in said list, accompanied by the certificate of a searcher of records that he is such owner of record, and with such affidavit and certificate such person notifies said treasurer in writing that he desires no bond to be issued for the assessments upon said lot or parcel of land, then' no such bond shall be issued therefor, and the payee of the warrant, or his assigns, shall retain his right for STREETS, 13S5 enforcing collection as if said lot or parcel of land had not been so listed by the street superintendent. The bonds so issued by said treasurer shall be payable to the party to whom they issue, or order, and shall be serial bonds, as is hereinbefore described, and shall bear interest at the rate specified in the resolution of intention to do said work. They shall have annual coupons attached thereto, payable in annual order, on the second day of January in each year after the date of the bond, until all are paid, and each coupon shall be for an even annual proportion of the principal of the bond. They shall have semi-annual interest coupons thereto attached, the first of which shall be payable upon the second day of January or July, as the case may be, next after its date, and shall be for the interest accrued at that time, and the last of which shall be for the amount of interest accruing from the second day of January or July, as the case may be, next preceding the maturity of said bonds to the maturity thereof. The city treasurer shall, in addition to his other duties in the premises, report all coupon payments of principal upon said bonds to the street superintendent, who shall forth- with indorse the same upon the margin of the record of the assessment to the credit of which the same is paid, and said assessment shall be a first lien upon the property affected thereby until the bond issued for the payment thereof, and the accrued interest thereon, shall be fully paid. Said bonds, by their issuance, shall be prima facie evidence of the regularify of all pi'oceedings thereto under said street-work act and this act, previous to the making of the certified list of all assessments unpaid to the amount of twenty-five dollars or over by the street super- intendent, to the city treasurer, and of the validity of said lien, up to the date of said list. [Amended March 2, 1899. Stats. 1899, p. 41.] Sec. 5. Whenever, through the default of the owner of any lot or parcel of land to represent the assessment upon which such bond has been, or may hereafter be, issued, and payment, either upon the principal, or of the interest, has not been, or shall not be made when the same has become, or shall become due, and the holder of the bond thereupon demands, in writing, that the said city treasurer proceed to advertise and sell said lot or parcel of land, as herein provided, then the whole bond, or its 1336 STREETS. unpaid remainder, with its accrued interest, as expressed in said bond, shall become due and payable immediately, and on the day following shall become delinquent. Subdivision a. Upon the application of the holder of any bond that is now or shall hereafter become delinquent as provided in this section, the said city treasurer shall publish for two weeks in a newspaper of general circula- tion, to be designated by him, published in the city where his office is situated, a notice which must contain the date, number, and series of the delinquent bond, a descrip- tion of the property mentioned in said bond, and the name of the owner of such property (if known), and if unknown, the fact shall be so stated, the amount due thereon, and a statement that unless the amount of said bond and the interest due thereon, together with the cost of publica- tion of such notice are paid, the real property described in said bond will be sold at public auction on a day to be therein fixed, which shall not be less than fifteen nor more than thirty days from the day of the first publica- tion of said notice, and the place of such sale, which must be the office of the said city treasurer. Subdivision b. The city treasurer, before the day of sale hereinafter provided for, must file with the city clerk a copy of the publication, with an affidavit of the pub- lisher of such newspaper, or some one in his behalf, at- tached thereto, that it is a true copy of the same; that the publication was made in a newspaper, stating its name and place of publication and the date of each appear- ance in which such publication was made — which affidavit is primary evidence of all the facts stated therein. Subdivision c. The city treasurer must collect, in addi- tion to the amount due on such bond, the cost of the publication of such notice, and fifty cents for the certifi- cate of sale, as hereinafter provided. Subdivision d. At any time prior to the sale, the owner or person in possession of any real estate offered for sale under the provisions of this act may pay the whole amount of said bond then due, with costs, and such bond shall thereupon be canceled; but in case such payment is not made by such owner, or person in possession, or by some one in behalf of such owner, or person in possession, the property subject thereto shall be sold as herein provided. Subdivision f. The city treasurer, before delivering any STREETS. 1337 certificate, must, in a book kept in his office for that pur- pose, enter the date, number, and series of the bond, a description of the land sold corresponding with the de- scription in the certificate, the date of sale, purchaser's name, the amount paid, regularly number the descriptions on the margin of the book, and put a corresponding num- ber on each certificate. Such book must be open to public inspection during office hours when not in actual use, and he shall enter on the record of the bond the words "Can- celed by sale of the property," giving the date of such sale. Subdivision g. Immediately on the sale, the purchaser shall become vested with a lien on the property, so sold to him, to the extent nf his bid, and is only divested of such lien by the payment to the city treasurer of the pur- chase money, including costs herein provided for, with interest thereon at the rate of one per cent per month from the date of sale. Subdivision h. A redemption of the property sold may be made by the owner of the property, or any party in interest, within twelve months from the date of purchase, or at any time prior to the application for a deed, as here- inafter provided. Redemption must be made in lawful money of the United States, and when made to the city treasurer he must credit the amount paid to the person named in his certificate, and pay it on demand to him or his assignees. Subdivision i. On receiving the certificate of sale, the recorder must file it, and make an entry in a book similar to that required of the city treasurer, the fee for which shall be fifty cents, and on presentation of the receipt of the city treasurer for the total amount of the redemption money, the recorder must, without charge, mark the word "Redeemed," the date, and by whom redeemed, on the margin of the book where the entry of the certificate is made. Subdivision j. If the property is not redeemed within the time allowed by subdivision h hereof for its redemp- tion, the city treasurer, or his successor in office, upon application of the purchaser or his assignee, must make to said purchaser, or his assignee, a deed to the property, reciting in the deed, substantially, the matter contained in the certificate, and that no person has redeemed the prop- 1338 STREETS. erty during the time allowed for its redemption; the treas- urer shall be entitled to receive from the purchaser two dollars for making said deed, which shall be deposited in the city treasury for the use of the city after payment has been made therefrom for the acknowledgment of said deed; provided, however, that the purchaser of the property, or his assignee, must, thirty days prior to the expiration of the time of the redemption, or thirty days before his applica- tion for a deed, serve upon the owner or agent of the prop- erty purchased, if named in such certificate, and upon the party occupying the property, if the property is occupied, a written notice, stating that said property, or a portion thereof, has been sold to satisfy the bond lien, the date of sale, the date, number, and series of the bond, the amount then due, and the time when the right of redemp- tion will expire, or when the • purchaser will apply for a deed, and the owner of the property shall have the right of redemption indefinitely, until such notice shall have been given and said deed applied for, upon the payment of the fees, penalties, and costs in this act required. In case of unoccupied property, a similar notice must be posted in a conspicuous place upon the property at least thirty days before the expiration of the time for redemp- tion, or thirty days before the purchaser applies for a deed; and no deed to the property sold, in accordance with the provisions of this act, shall be issued by the city treasurer to the purchaser of such property, until such purchaser shall have filed with such treasurer an affidavit showing that the notice hereinbefore required to be given has been given as herein required, which said affidavit shall be filed and preserved by the said treasurer as other records kept by him in his office. Such pur- chaser shall be entitled to receive the sum of fifty cents for his service of such notice and the making of said affidavit, which sum of fifty cents shall be paid by re- demptioner at the time and in the same manner as the other sums, costs, and fees are paid. Subdivision k. The deed, when duly acknowledged or proved, is primary evidence of the regularity of all pro- ceedings theretofore had, and conveys to the grantee the absolute title to the lands described therein, as of the date of the expiration of the period for redemption, free of all incumbrances, except the lien for state, county, and STREETS. 1339 municipal taxes. [Amended March 2, 1899. Stats. 1899, p. 43.] Sec. 6. Whenever any railroad track or tracks of any description exists upon any street or streets on which the city council has ordered work to be done or improve- ments made, excepting therefrom such portions as is [are] required by law to be kept in order or repair, by any per- son or company having railroad tracks thereon, the said council may, at any time thereafter, order such person or company to perform upon said excepted portion the work or improvements, similar in all respects to that already ordered to be performed under the same specifica- tions and superintendence, with the same materials, within the same time, and to the like satisfaction and accept- ance. Thereupon it shall be the duty of the clerk of said council to deliver immediately a copy of such order, certi- fied by him, to such person or company, and to maice and preserve in his office a certificate of such delivery, its date, and upon whom made. Should such person or company, for thirty days, or within such extension of time as the city council may grant, thereafter refuse or neglect to make or have made such work or improvement in the manner or time ordered, it shall be the duty of the city council to have such work or improvement performed, and such refusal or neglect punished in the manner pro- vided by law. Within fifteen days after receiving the certified copy of said order, such person or company may file with the clerk of said council a written assump- tion of the performance of said work or improvement, according to the order, or a request to the council to have such work or improvement performed, for and at the expense of such person or company, in the manner herein provided. The failure to file such instrument within said time shall be taken and deemed to be a refusal to comply with the order. Upon reception of said assumption of the direct performance of said work or improvement, the city council shall take no further proceedings in the matter, unless such person or company neglects or fails for thir- ty days, or such further time as the council may grant, to comply with the provisions of the order. But if such person or company files the said request that the said council have such work or improvement performed, or fails to perform said work within thirty days, or within 1340 STREETS. such further time as the council may grant, then said city council may pass an ordinance of intention to perform said work, which ordinance shall specify the work to be performed, and a statement that unless within thirty days after the recording of the return of the warrant, or within five days after the final decision of the council on an appeal, the said person or company shall pay the cost of said work, or the street superintendent of said city shall issue bonds to represent the cost of said work, stating also that the cost of said work, in case bonds shall issue, shall be paid in ten yearly installments, and also the rate of interest (not to exceed ten per cent per annum) that the same shall bear. The subsequent procedure sliall be as provided by the "Street-work Act." A similar state- ment shall also be incorporated in ail notices requireu to be posted or published by the provisions of the "Street- work Act"; also in the ordinance or resolution ordering the work, advertisement for proposals, and in the contract. Whenever the person or company owning any such railroad shall not have, within thirty days after the recording of the return of the warrant, or within five days after the final decision of the council on an appeal, paid the cost of such work, the street superintendent shall issue to the contractor, or his assigns, bonds for the amount of such cost, which shall describe the franchise, tracks, and road- bed along or between which said work has been performed, and describing the same as upon the assessment and dia- gram, giving its assessment number. Such bonds shall also describe the work performed, giving the total amount of the cost of such work, the name of the owner of said railroad, the number of installments in which the cost of the work is to be paid, and the rate of interest which the deferred payments shall bear. Said bonds shall be in sums of not less than one hundred dollars or more than one thousand dollars, and shall recite that the total amount of the cost of such work, together with the interest there- on, as represented in said bonds, is, except state, county, and municipal taxes, a first lien upon all the track, road- bed, switches, and franchises of said railroad lying within the corporate limits of the city or town, on any part of which said work has been performed. Said street super- intendent shall also keep a record of such bonds, as re- quired by section eighteen of the "Street-work Act." STREETS. 1341 Whenever bonds have been issued, as herein provided, the same, together with the cost of such work and the interest thereon, shall be, except state, county, or municipal taxes, a first lien upon all the tracks, road-bed, switches, and franchises of said railroad within the corporate limits of the city or town, on any part of which said work has been performed. Sections four and five of this act, re- garding the form, issuance, and foreclosure of street bonds, and the sale of property described therein, shall apply hereto, except that the work required to be performed by the treasurer by said sections shall be performed by the street superintendent, in so far as the bonds for the pav- ing of railroads are concerned. None of the provisions of the "Street-work Act" in regard to a protest against the work shall apply to any work contemplated by this section. All provisions of the "Street-work Act" not inconsistent with the provisions hereof shall apply hereto. Sec. 7. The term "city treasurer," as used in this act, shall be held to mean and include any person who, under whatever name or title, is the custodian of the funds of the municipality. Sec. 8. The act entitled "An act to amend an act entitled 'An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for construction of sew- ers within municipalities,' approved March eighteenth, eighteen hundred and eighty-five, by adding thereto an additional part, numbered four, consisting of sections thirty-eight, thirty-nine, forty, forty-one, forty-two, forty- three, and forty-four, relative to a system of street im- provement bonds," approved March seventeenth, eighteen hundred and ninety-one, is hereby repealed, except as to any and all proceedings hitherto commenced thereunder, which proceedings may be completed and have full force as is therein provided. Sec. 9. This act shall take effect and become of force from and after its passage. ACT 3933. Aa act fixing and regulating the manner of sale and re- demption of real property for delinquent assessments to pay the damages, costs, and expense for or incident to laying out, opening, extending, widening, straight- ening, diverging, curving, contracting, or closing up. 1342 SUISUN CITY— SUNDAY. in whole or in any part, any street, square, lane, alley, court, or place within municipalities in this state. [Approved March 27, 1895. Stats. 1895, p. 204.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. All sales, and redemptions after sale, of any real property upon which the assessment levied and as- sessed to pay the damages, costs, and expense for or incident to laying out, opening, extending, widening, straightening, diverging, curving, constructing, or closing up, in whole or in part, any street, square, lane, alley, court, or place within municipalities in this state, shall remain unpaid and become delinquent under the provis- ions of any act or law regulating such matters, shall be made and had in the same time and manner as such sales and redemption were required by law to be made and had on the first day of January, Anno Domini eighteen hundred and ninety-five. Sec. 2. All acts or parts of acts in conflict with this act are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage and approval. TITLE 480. ACT 3038. SUISUN CITY. Authorizing and empowering board of trustees to grade and improve streets. [Stats. 1871-2, p. 658.] "Superseded by 1885, 147, chap. CLIII ; and by the incorpora- tion of the city under Municipal Government Act of 1883."— Code Commissioners' note. TITLE 481. ACT 3943. SUMMONS. Concerning service of summons upon absent defendants. [Stats. 1871-2, p. 392.] Repealed 1873-4, 495. TITLE 482. ACT 3948. • SUNDAY. To prohibit barbarous and noisy amusements on the Christian Sabbath. [Stats. 1855, p. 50.] Superseded by sees. 299-301, Pen. Code, which have been re- pealed. SUPERVISORS. 1343 ACT 3949. To provide for the better observance of tbe Sabbath. [Stats. 1858, p. 124.] This act was declared void in Ex parte Newman, 9 Cal. 502. ACT 3950. For the observance of the Sabbath. [Stats. 1861, p. 655.] Superseded by Penal Code, sec. 299 et seq., which have been repealed. ACT 3951. To regulate and provide for a day of rest in certain cases. [Stats. 1880, p. SO.] Unconstitutional. (Ex parte Westerfield, 55 Cal. 550.) This act forbade baking between six p. m. Saturday and six p. m. Sunday. It is in full in Penal Code, Appendix, p. 722. ACT 3953. To provide for a day of rest from labor. [Stats. 1893, p. 54.] In full in Penal Code, Appendix, p. 722. It provided that every employee should be entitled to one day's rest in seven. TITLE 4S3. ACT 3957. SUPERVISORS. To enable boards of supervisors to authorize the employ- ment of deputies in certain cases. [Stats. 1880, p. 27.] Repealed by the County Government Acts, see 1897, 452. ACT 3958. To enable boards of supervisors and other legislative bodies to perform the duties prescribed by section 1, article XIV, of the constitution. [Stats. 1881, p. 54.] Unconstitutional in part. (Pitch v. Supervisors, 122 Cal. 285.) This act related to the fixing of water rates. ACT sa-jo. Authorizing boards of supervisors to pay expenses of posse comitatus in criminal cases. [Stats. 1880, p. 102.] In full in Appendix to Penal Code, p. 723. ACT 3960. To confer power upon supervisors to complete sewers. [Stats. 1881, p. 76.] Superseded by County Government Act and the charter of San Francisco. Cal.Rep.Cit. 98, 683. 1344 SUPREMB COURT COMMISSION— LIBRARY. ACT 3901. Authorizing any board of supervisors to refund the bonded indebtedness. [Stats. 18S5, p. 211.] Superseded by subd. 13, sec. 25, 1897, 460. ACT 3962. Authorizing boards of supervisors to transfer certain funds. [Stats. 1880, p. 133.] Superseded by subd. 18, sec. 25, 1897, 463. This act autborized the transier of swamp land funds to the general fund. ACT 39G3. Empowering boards of supervisors to levy a special tax for the purpose of displaying products and industries of any county at domestic or foreign expositions, for the purpose of encouraging immigration and increasing trade in the products of the state. [Stats. 1901, p. 589.] TITLE 484. SUPREME COURT COMMISSION. ACT 39CS. To pi'ovide for the appointment of supreme court commis- sioners. [Stats. 1889, p. 13.] Superseded 1S93, 1. ACT 39fi9. Providing for the appointment of supreme court commis- sioners and their secretary. [Stats. 1893, p. 1.] Continued 1897, 47, chap. LII ; 1899, 11; 1901, 273; 1903, 178. TITLE 485. ACT 3074. SUPREME COURT LIBRARY. To provide a law library for the supreme court. [Stats. 18G7-8, p. 659.] Superseded by Political Code, sees. 2313-2316. ACT 39T5. To authorize the justices of the supreme court to appoint a librarian for said court, and fixing a salary. [Stats. 1893, p. 132.] SUPREME COURT REPORTER— SURVEYORS. 1345 TITLE 486. ACT 39S0. SUPREME COURT REPORTER. Providing for the appointment of a deputy supreme court reporter. [Stats. 1881, p. 9.] TITLE 487. ACT 3985. SURVEYOR-GENERAL. Authorizing the state surveyor-general to furnish his office and vault therein, and making an appropriation there- for. [Stats. 1903, p. 252.] This act appears in full in Political Code, Appendix, p. H13. TITLE 488. ACT 3990. SURVEYORS. An act to define the duties of and to license land sur- veyors. [Approved March 31, 1891. Stats. 1891, p. 478.] Amended 1903, 267. Cal.Rep.Cit. 104, 67. Section 1. Every person desiring to become a licensed land surveyor in this state must present to the state sur- veyor-general of this state a certificate that he is a person of good moral character; also, a certificate signed by three licensed surveyors, or a certificate signed by the board of examining surveyors (provided for in section five of this act), which certificate shall set forth that the person named therein is, in the opinion of the person[s] signing the same, a fit and competent person to receive a license as a land surveyor, together with his oath that he will support the constitution of this state and of the United States, and that he will faithfully discharge the duties of a licensed land surveyor, as defined in this act. Sec. 2. Upon receipt of such certificate and oath by the state surveyor-general, it shall be his duty forthwith to issue to such applicant a license, without charge, which license shall set forth the fact that the applicant is a competent surveyor, or that he has had at least two years' experience in the field as a surveyor or assistant surveyor. Sec, 3. Such license shall contain the full name of the applicant; the technical institution from which he is a Gen. Laws— 57 1346 SURVEYORS. graduate (if he be a graduate), or if he be not a graduate, the fact must be stated in the license; his birthplace, age, and to whom issued; the name of the person upon whose certificate the license is issued, and the date of its issuance. Sec. 4. All papers received by the state surveyor-gen- eral on application for licenses shall be kept on file in his oifice, and a proper index and record thereof shall be kept by him, and a list of all licensed land surveyors shall be kept by him, and he shall monthly transmit to the county recorder of each county in this state a full and correct list of all persons so licensed; and it is hereby made the duty of such recorders to keep such lists in their offices in such a way as they may be easily accessible to all persons. Sec. 5. Within twenty days after the passage of this act, the governor shall appoint three surveyors in good standing, members of the Technical Society of the Pacific Coast, and two other surveyors in good standing, not members of such society, as a board of examining sur- veyors, who shall conduct such examinations and make such inquiries as to them may seem necessary to ascertain the qualiflcaiions of applicants for surveyors' licenses. Sec. 6. A majority of the board of examining surveyors shall meet on the first Friday of each month during their term of office, in the rooms of the Technical Society of the Pacific Coast, in San Francisco, and at such other times and places as they may select. The members of the board shall hold office for the term of one year from the date of appointment, and shall serve without compensation. Sec. 7. Every licensed surveyor shall have a seal of office, the impression of which must contain the name of the surveyor, his principal place of business, and the words "Licensed surveyor"; and all maps and papers signed by him, and to which said seal has been attached, shall be prima facie evidence in all the courts of this state. Sec. 8. Surveyors' licenses, issued in accordance with this act, shall remain in force until revoked for cause, as hereinafter provided. Sec. 9. Every licensed surveyor is authorized to admin- ister and certify oaths, when it becomes necessary to take testimony to identify or establish old or lost corners; or, if a corner or monument be found in a perishable condi- tion, and it appears desirable that evidence concerning SURVEYORS. 1347 such, corner or monument be perpetuated; or whenever the importance of the survey makes it desirable, to admin- ister an oath for the faithful performance of duty to his assistants. A record of such oaths shall be preserved as a part of the field notes of the survey. Sec. 10. Every licensed surveyor is hereby authorized to make surveys relating to the sale or subdivision of lands, the retracing or establishing of property or bound- ary lines, public roads, streets, alleys, or trails; and it shall be the duty of each surveyor, whenever making any such surveys, except those relating to the retracing or subdivision of cemetery or town lots, whether +he survey be made for private persons, corporations, cities, or coun- ties, to set permanent and reliable monuments, and such monuments must be permanently marked with the initials of the surveyor setting them. Sec. 11. Within sixty days after a survey relating to the sale or subdivision of lands, the retracing or establish- ing of property and boundary lines, public roads, or trails, original cemetery or town sites, and their subdivisions, has been made by a licensed surveyor, he shall file with the recorder of the county in which such survey or any portion thereof lies, a record of survey. Such record shall be made in a good draughtsman-like manner, on one or more sheets of firm paper of the uniform size of twenty- one by thirty inches. This record of survey shall be either an original plat or a copy thereof, and must con- tain all the data necessary to enable any competent prac- tical surveyor to retrace the survey. The record of sur- vey must show: All permanent monuments set, describing their size, kind, and location with reference to the corners which they are intended to perpetuate; all bearing or witness trees marked in the field; complete outlines of the several tracts or parcels of land surveyed within courses, and lengths of boundary lines; the angles, as measured by Vernier readings, which the lines of blocks or lots, if the record relate to an original town-site survey, make with each other and with the center lines of adjacent streets, alleys, roads, or lanes; the variations of the magnetic needle with which old lines have been retraced; the scale of the map; the date of survey; a proper con- nection with one or more points of an original or larger tract of land, and the name of the same; the name of the 1348 SURVEYORS. grant or grants, or of the townships and ranges within which the survey is located; the signature and seal of the surveyor; provided, that nothing in this section shall re- quire a record to be made of surveys of a preliminary na- ture where no monuments or corners are established; provided further, that if the survey can be as well de- scribed in writing, or by a small diagram, or by both, the surveyor shall file with said recorder a record of such a survey, either in writing or by diagram, or by both writing and diagram. Such record shall be on one or more sheets of writing paper, drawing paper, or cloth, of a uniform size of eight by twelve and one half inches, and shall contain all the data as required on the larger record as described above; provided further, that if the survey relate to the retracing of lines of lots or tracts of land of which a map or plat is already on file in said recorder's ofl5.ce, and no changes are made in dimensions or angles, by the resurvey, from those given on said map or plat, the surveyor shall not be required to file a record of such a survey. [Amendment approved March 20, 1903. Stats. 1903, p. 267.] Sec. 12. The record of surveys thus filed with the coun- ty recorder of any county must be by him pasted into a stub-book, provided for that purpose, and he must keep a proper index of such records, by name of owner, by name of surveyor, by name of grant, city, or town, and by United States subdivisions; and he shall make no charge for filing and indexing such records of surveys. Sec. 13. Upon the failure of any licensed surveyor to comply with the requirements of this act and the fur- nishing of satisfactory proofs of such fact, the state sur- veyor-general must revoke his license, and no other license shall be issued to him within one year from such revoca- tion. A violation of section eleven of this act shall be a misdemeanor, and any person convicted of such violation shall be punished by a fine not to exceed more than one hundred dollars, or imprisonment in the county jail not exceeding thirty days. Sec. 14. In case said board shall refuse to meet and examine applicants for licenses as in this act provided, and issue to such applicants the certificate or certificates mentioned in this act, if such person be a fit and com- petent person to receive the same, they may be compelled SUTTER COUNTY, 1349 to do SO by mandamus; and if upon the hearing of such mandamus it appears that they have v;illfully and wrong- fully refused to examine any applicant, or to issue him a certificate when he is entitled to the same, such board so refusing or failing shall be, jointly and severally, liable for all cost of said mandamus proceeding, including at- torney's fee of five hundred dollars, and shall be so jointly and severally liable to any person aggrieved by such re- fusal, in the sum of five hundred dollars, as fixed, settled, and liquidated damages, which may be recovered in any court in this state, and the judgment (if it be for plain- tiff) in mandamus shall be prima facie evidence of such injury and damage in any action which may be brought to recover damages under the provisions of this act. Sec. 15. All that part of the Code of Civil Procedure of this state relating to mandamus is hereby made ap- plicable to the provisions of this act; and all proceedings in mandamus under this act shall be in accordance' there- with. Sec. 16. This act shall take effect on the first day of July, eighteen hundred and ninety-one. TITLE 489. ACT 3995. SUTTER COUNTY. Auditor and treasurer of to cancel certain certificates of the register of the state land office and certain con- trollers' warrants. [Stats. 1877-8, p. 324.] ACT 3996. Authorizing the transfer of funds. [Stats. 1875-6, p. 249.] "Superseded by subd. 18, sec. 25, County Government Act, 1897, 463."— Code Commissioners' note. ACT 3997. To authorize the transfer of certain funds in. [Stats. 1877-8, p. 1020.] This act authorized the transfer of funds from the road district fund to the school fund on the petition of a majority of the taxpayers. ACT 3998. To provide for a separate judge for each of the counties of Yuba and Sutter. [Stats. 1897, p. 48.] 1350 SUTTER CREEK. ACT 3999. To provide for the protection of certain lands in from ovevaoYv. [Stats. 1867-8, p. 316.] Amended 1S71-2, 307. Supplemented 1871-2, 734. "Unconstitutional as to sec. 21. (Brandenstein v. Hoke, 101 Cal. 131 ; Wilson v. Supervisors, 47 Cal. 91." — Code Commissioner's note. See, also, people v. Whyter, 41 Cal. 351 ; Moulton v. Parks, 64 Cal. 166, 182. Cal.Rep.Cit. 47, 92; 51, 407; 62, 546; 64, 179; 92, 311; 131, 31. ACT 4000. Authorizing transcribing of records in. [Stats. 1858, p. 205.] ACT 4001. Roads and highways in. [Stats. 1873-4, p. 573.] Repealed 1883, 5, chap. X, sec._ 2. ACT 4002. School trustees, fixing time for election of. [Stats. 1875-6, p. 141.] Repealed by Political Code, sec. 1593, as amended 1893, 247. Consult, also, the following :— ACT 4003. Relating to levee district No. 1. [Approved March 19, 1889. Stats. 1889, p. 355.] ACT 4004. Relating to swamp-land district seventy. [Approved March 10, 1891. Stats. 1891, p. 62.] ACT 4005. Amending the act authorizing supervisors to construct bridge across Feather River. [Approved March 19, 1889. Stats. 1889, p. 323.] Acts for the better protection of the treasury, see act 464, ante. TITLE 490. ACT 4010. SUTTER CREEK. Town of, incorporating. [Stats. 1873-4, p. 887.] Repealed 1875-6, 40. ACT 4011. Amador Coilnty, preventing hogs and goats running at large in. [Stats. 1875-6, p. 402. J Repealed 1897, 198. SUTTER'S FORT— SWAMP AND OVERFLOWED LANDS. 1351 TITLE 491. ACT 40ie. SUTTER'S FORT. To provide for the acquisition of Sutter's Fort and appoint" ing trustees therefor. [Stats. 1891, p. 25.] ACT 4017. For the appointment of a guardian of Sutter's Fort, and prescribing his duties. [Stats. 1895, p. 56.] TITLE 492. SWAMP AND OVERFLOWED LANDS. ACT 4022. To provide for the proper distribution, in the several coun- ty treasuries, of funds arising from the sale of swamp lands. [Approved March 28, 1874. Stats. 1873-4, p. 770.] ACT 4023. Fresno and Kern counties, providing for determining rights in certain swamp and overflowed lands in. [Stats. 1877-8, p. 358.] Cal.Rep.Cit. 66, 566; 66, 568. ACT 4024. State treasury, providing for payment of certain con- troller's swamp-land warrants. [Stats. 1871-2, p. 873.] This act pledged payments on swamp lands to the redemption of warrants. ACT 4025. Quieting title to certain lands. [Stats. 1873-4, p. 803.] This act confirmed the title ol certain swamp lands to J. P. Counts and Myron Smith. ACT 4026. Providing for the dissolution and annulment of swamp and overflowed land reclamation districts and protection districts for non-user of corporate powers. [Approved February 17, 1899. Stats. 1899, p. 13.] ACT 4027. To declare certain tide lands public grounds, and granting the same to the county of San Mateo in trust for the use of the public. [Approved February 27, 1893. Stata. 1893, p. 42.] 1352 SYv^AMP AND OVERFLOWED LANDS. ACT 4028. Quitclaiming to the successors In interest of James Bow- man all claim of the state in "Water Lot No. 415," in San Francisco. [Approved March 11, 1893. Stats. 1893, p. 151.] ACT 4029. An act to determine that lands of this state are swamp and overflowed when returned as such by the United States surveyor-general. [Approved March 31, 1891. Stats. 1891, p. 221.] Section 1. Lands within this state which have been or may hereafter be returned by the United States sur- veyor-general as swamp and overflowed lands, and shown as such on approved township plats, shall, as soon as patents have been or may be issued therefor by this state, be held to be of the character so returned; provided, however, that nothing herein contained shall be construed to affect the rights of any homestead or pre-emption set- tler claiming under the laws of the United States, nor shall it aftect any suit now pending in any court as be- tween the parties thereto; provided, that nothing con- tained in this act shall be construed to prejudice the rights of any settler now or hereafter located upon said lands to perfect title to the same, if permitted under existing laws. Sec. 2. This act shall take effect from and after its passage. ACT 40SO. Quitclaiming to the successors in interest of Sallie C. Perry ail claim of the state of California in that cer- tain tract of laud in the city and county of San Fran- cisco known as "City Slip Lot number one hundred and sixteen," and empowering and dii'ecting the governor to execute a deed of quitclaim therefor to said successors in interest of said Sallie C. Perry. [Ap- proved March 9, 1S93. Stats. 1893, p. 102.] ACT 4031. An act regulating the sale of the lands uncovered by the recession or drainage of the waters of inland lakes, and unsegregated swamp and overflowed lands, and validating sales and surveys heretofore made. [Approved March 24, 1893. Stats. 1893, p. 341.] Amended 1S09, 1S2. SWAMP AND OVERFLOWED LANDS. 1353 Section 1. Any person desiring to purcliase any of the lands uncovered by the recession or drainage of the waters of inland lalves, and inuring to the state by virtue of her sovereignty, or the swamp and overflowed lauds not segre- gated by the United States, shall make an application therefor to the surveyor-general of the state, which ap- plication shall be accompanied by applicant's affidavit that he is a citizen of the United States, or has declared his intention to become such, a resident of this state, of lawful age, that he desires to purchase such lands (describ- ing the same by legal subdivisions, or by metes and bounds if the legal subdivisions are unknown) under the provis- ions of this act; that he desires to purchase the same for his own use and benefit, and for the use and benefit of no other person or persons vv'homsoever, and that he has made no contract or agreement to sell the same, and that he does not own any state lands which, together with that now sought to be purchased, exceeds six hundred and forty acres. Sec. 2. Upon the filing of said application, when the land has not been sectionized, the surveyor-general shall authorize the county surveyor of the county where the whole or the greater portion of the land lies to survey the same, who shall make an actual survey thereof, at the expense of the applicant, establishing four corners to each quarter section, and connecting the same with a United States survey; and he must, within thirty days, file with the surveyor-general a copy, under oath, of his field notes and plat, and a statement, under oath, showing whether or not the land is occupied by any actual settler. Sec. 3. If the surveyor thus authorized shall fail to make his return to the surveyor-general within the time specified in the preceding section, the surveyor-general may designate another person to malie the said survey. Sec. 4. No application to purchase land under this act shall be approved by the surveyor-general until the expira- tion of ninety days from the filing thereof in his office, and meanwhile the land shall be subject to the adverse claim of any actual settler who has resided thereon when the said application was filed. Sec 5. The lands designated in this act shall be sold and patented at the price of two dollars and fifty cents per acre and on the same terms and manner of payment 1354 SWAMP AND OVERFLOWED LANDS. as at present provided cor swamp and overflowed lands. All moneys received for said lands shall be paid into the swamp land fund of the county in which the lands are situated, and shall be treated and disposed of in the same manner as moneys arising from the sale of segre- gated swamp and overflow lands, and all moneys hereto- fore received for the sale of such lands, and remaining in the treasury, shall be subject to the same provisions of law. If any of the lands described in this act are suitable for cultivation without reclamation, such lands shall be sold only to actual settlers in tracts not exceeding one hundred and sixty acres. [Amendment approved March 22, 1899. Stats. 1899, p. 182.] Sec. 6. Any of the lands designated in this act which by reason of periodical overflow, need and are susceptible of reclamation may be reclaimed by the formation of dis- tricts in the same manner and subject to all of the pro- visions of law regulating the reclamation of swamp and overflowed lands; provided, that the board of supervisors of the county in which the lands, or the greater part thereof, are situated must first determine, upon proper petition presented therefor, by the holders of the title, or evidence of title, representing one half or more of any body of such land, that such reclamation is necessary and feasible. Sec. 7. When land has been sold under this act, no contest shall be maintained against the purchaser on the ground that the land is not of the character stated in the application, unless it is shown that it is not of the char- acter recited in section one of this act. Sec. 8. All uncanceled certificates of purchase and patents heretofore issued and payments heretofore made for any lands as swamp and overflowed lands which lands belong to any of the classes described in section one of this act, whether or not such lands were segregated or sec- tionized, shall, for all purposes, be valid and shall have the same force and effect as if such lands had been at all times subject to sale as swamp and overflowed lands; provided, however, that any and all contests now existing between settlers and holders of certificates of purchase shall not be affected by the provisions of this act. Sec. 9. All plats of any of the lands described in sec- tion one of this act which have been heretofore made TAXATION. 1355 under authority of the United States surveyor-general, and which plats designate the same as swamp and overflowed lands, shall be deemed valid and effectual as surveys of such lands from and after the date thereof. Sec. 10. This act shall take effect from and after its passage. ACT 4032. An act to abolish the state board of tide-land commission- ers, and to repeal sections three hundred and sixty-five and six hundred and ninety-eight of the Political Code. [Approved February 4, 1876. Amendments 1875-6, p. 15.] Section 1. The state board of tide-land commissioners is hereby abolished. Sec. 2. All books, maps, papers, and documents belong- ing to the archives of said board, and all other property of the state under its custody or control, must be deposited with and kept and preserved by the surveyor-general of the state. Sec. 3. Sections 365 and 698 of the Political Code are hereby repealed. Sec. 4. An act entitled "An act supplementary to and amendatory of An act supplementary to and amendatory of an act entitled An act to survey and dispose of certain salt-marsh and tide lands belonging to the state of Cali- fornia," approved March 30, 1868, also an act approved April 1, 1870, approved March 30, 1874, is hereby repealed. Sec. 5. This act shall take effect and be in force from and after its passage. Compare in connection with section 4 of tliis act section 3488 of Political Code, as amended in 1891. ACT 4033. To survey and dispose of certain salt-marsh and tide lands belonging to the state. [Stats. 1867-8, p. 716.] Supplemented and amended 1869-70, 541; 1873-4, 858. Was continued in force by sec. 34SS, Pol. Code. See, however, subd. 4 of the act of 1875-6, 15, act 4032, ante. TITLE 493. TAXATION. ACT 4038. Imposing a tax on the issue of certificates of stock cor- porations. [Stats. 1877-8, p. 955.] Repealed 1897, 243. 1356 TAXATION. ACT 4039. Solvent debts, other than those secured by mortgage or other lien, taxation of. [Stats. 1873-4, p. 753.] Repealed 1875-6, 772, chap. DVIII, amending codes. ACT 4040. An act to establish a tax on collateral inheritances, be- quests, and devises, to provide for its collection, and to direct the disposition of the proceeds. [Approved March 23, 1893. Stats. 1893, p. 193.] Amended 1895, 33; 1897, 77; 1899, 101; 1903, 55, 268. Cal.Rep.Cit. 117, 283. The amendment of 1897 was unconstitutional. (Estate of Ma- honey, 133 Cal. 180.) See, also, Estate of Stanford, 126 Cal. 112. Section 1. All property which shall pass, by will or by the intestate laws of this state, from any person who may die seized or possessed of the same while a resident of this state, or if such decedent was not a resident of this state at the time of death, which property, or any part thereof, shall be within this state, or any interest therein or income therefrom which shall be transferred by deed, grant, sale, or gift, made in contemplation of the death of the grantor or bargainor, or intended to take effect in possession or enjoyment after such death, to any person or persons, or to any body politic or corporate, in trust or otherwise, or by reason whereof any person or body politic or corporate shall become beneficially entitled, in possession or expectancy, to any property, or to the income thereof, other than to or for the use of his or her father, mother, husband, wife, lawful issue, the wife or widow of a son, or the husband of a daughter, or any child or children adopted as such in conformity witn the laws of the state of California, or to any person to whom the deceased, for not less than ten years prior to death, stood in the mutually acknowledged relation of a parent, or to any lineal descendant of such decedent born in lawful wedlock, or any lineal ancestor, or the societies, corpora- tions, and institutions now or hereafter exempted by law from taxation, or to any public corporation, or to any society, corporation, institution, or association of persons engaged in or devoted to any charitable, benevolent, educational, public, or other like work (pecuniary profit not being its object or purpose), or to any person, society, corporation. TAXATION. 1357 institution, or association of persons in trust for or to be devoted to any charitable, benevolent, educational, or pub- lic purpose, by reason whereof any such person or cor- poration shall become beneficially entitled in possession or expectancy, to any such property, or to the income thereof, shall be and is subject to a tax of five dollars on every hundred dollars of the market value of such property, and at a proportionate rate for any less amount, to be paid to the treasurer of the proper county, as hereinafter defined, for the use of the state; and all administrators, executors and trustees shall be liable for any and all such taxes until the same shall have been paid as hereiuai'ter directed; provided, that an estate which may be valued at a less sum than five hundred dollars shall not be sub- ject to such duty or tax. Subd. 2. The exemptions contained in this act shall ap- ply to all property which has passed, by will, succession, or transfer, since the approval of the act of which this act is amendatory, except in those cases where the tax has been paid to the treasurer of the proper county. [Amendment approved March 20, 1903. Stats. 1903, p. 268. In effect immediately.] Sec. 2. When any grant, gift, legacy, or succession upon which a tax is imposed by section one of this act shall be an estate, income, or interest for a term of years, or for life, or determinable upon any future or contingent event, or shall be a remainder, reversion, or other expectancy, real or personal, the entire property or fund by which such estate, income, or interest is supported, or of which it is a part, shall be appraised immediately after the death of the decedent, and the market value thereof de- termined, in the manner provided in section eleven of this act, and the tax prescribed by this act shall be immedi- ately due and payable to the treasurer of the proper coun- ty, and, together with the interest thereon, shall be and remain a lien on said property until the same is paid; provided, that the person or persons, or body politic or corporate, beneficially interested in the property charge- able with said tax, may elect not to pay the same until they shall come into the actual possession or enjoyment of such property, and in that case such person or persons, or body politic or corporate, shall execute a bond to the people of the state of California, in a penalty of twice the 1358 TAXATION. amount of the tax arising upon personal estate, with such sureties as the said superior court may approve, condi- tioned for the payment of said tax, and interest thereon, at such time or period as they or their representatives may come into the actual possession or enjoyment of such property, vrhich bond shall be tiled in the oflice of the county clerk of the proper county; provided further, that such person shall make a full and verified return of such property to said court, and file the same in the oflice of the county clerk Vv-ithin one year from the death of the decedent, and within that period enter into such security, and renew the same every five years. [Amendment ap- proved March 9, 1895. Stats. 1895, p. 33. In effect im- mediately.] Sec. 3. Whenever a decedent appoints or names one or more executors or trustees, and makes a bequest or devise of property to them in lieu of commissions or allowances, which otherwise would be liable to said tax, or appoints them his residuary legatees, and said bequest, devises, or residuary legacies exceed what would be a reasonable compensation for their services, such excess shall be liable to said tax; and the superior court in which the probate proceedings are pending shall fix the compensation. Sec. 4. All taxes imposed by this act, unless otherwise herein provided for, shall be due and payable at the deatn of the decedent, and if the same are paid within eigateea months no interest shall be charged and collected thereon, but if not so paid, interest at the rate of ten per centum per annum shall be charged and collected from the time said tax accrued; provided, that if said tax is paid within six months from the accruing thereof a discount of five per centum shall be allowed and deducted from said tax. And in all cases where the executors, administrators, or trustees do not pay such tax within eighteen months from the death of the decedent, they shall be required to give a bond, in the form and to the effect prescribed in section two of this act, for the payment of said tax, together with Interest. Sec. 5. The penalty of ten per centum per annum im- posed by section four hereof for the non-payment of said tax shall not be charged in cases where, by reason of claims made upon the estate, necessary litigation, or other unavoidable cause of delay, the estate of any de- TAXATION. 1359 cedent or a part thereof, cannot be settled at the end of eighteen months from the death oi the decedent; and in such cases only seven per centum per annum shall be charged upon the said tax from the expiration of said eighteen months until the cause of such delay is removed. Sec. 6. Any administrator, executor, or trustee having in charge or trust any legacy or property for distribution, subject to the said tax, shall deduct the tax therefrom, or if the legacy or property be not money he shall collect the tax thereon, upon the market value thereof, from the legatee or person entitled to such property, and he shall not deliver, or be compelled to deliver, any specific legacy or property subject to tax to any person until he shall have collected the tax thereon; and whenever any such legacy shall be charged upon or payable out of real estate, the executor, administrator, or trustee shall collect said tax from the distributee thereof, and the same shall re- main a charge on such real estate until paid; if, however,, such legacy be given in money to any person for a limi- ted period, the executor, administrator, or trustee shall retain the tax upon the whole amount; but if it be not in money he shall make application to the superior court to make an apportionment, if the case require it, of the sum to be paid into his hands by such legatees, and for such further order relative thereto as the case may re- quire. [Amendment approved March 9, 1895. Stats. 1895, p. 33. In effect immediately.] Sec. 7. All executors, administrators, and trustees shall have full power to sell so much of the property of the decedent as will enable them to pay said tax, in the same manner as they may be enabled by law to do for the payment of debts of the estate, and the amount of said tax shall be paid as hereinafter directed. Sec. 8. Every sum of money retained by an executor, administrator, or trustee, or paid into his hands, for any tax on pi'operty, shall be paid by him, within thirty days thereafter, to the treasurer of the county in which the probate proceedings are pending; and the said treasurer shall give, and every executor, administrator, or trustee shall take, duplicate receipts for such payment, one of which receipts said executor, administrator, or trustee shall immediately send to the controller of the state, whose duty it shall be to charge the treasurer so receiving the 1S60 TAXATION. tax with the amount thereof, and said controller shall seal said receipt with the seal of his office, and counter- sign the same, and return it to the executor, administrator, or trustee, whereupon it shall be a proper voucher in the settlement of his accounts; and an executor, administrator, or trustee shall not be entitled to credits in his accounts, nor be discharged from liability for such tax, nor shall said estate be distributed, unless he shall produce a re- ceipt so sealed and countersigned by the controller, or a copy thereof certified by him. Sec. 9. Whenever any debts shall be proven against the estate of a decedent after the payment of legacies or distribution of property from which the said tax has been deducted or upon which it has been paid, and a refund is made by the legatee, devisee, heir, or next of kin, a proportion of the tax so deducted or paid shall be repaid to him by the executor, administrator, or trustee, if the said tax has not been paid to the county treasurer or to the state controller, or by them, if it has been so paid. Sec. 10. Whenever any foreign executor or administra- tor shall assign or transfer any stocks or loans in this state standing in the name of a decedent, or held in trust for a decedent, which shall be liable to the said tax, such tax shall be paid to the treasurer of the proper county on the transfer thereof; otherwise the corporation permit- ting such transfer shall become liable to pay such tax; provided, that such corporation had knowledge before such transfer that said stocks or loans are liable to said tax. Sec. 11. When the value of any inheritance, devise, be- quest, or other interest subject to the payment of said tax is uncertain, the superior coui't in which the probate proceedings are pending, on the application of any inter- ested party, or upon his own motion, shall appoint some competent person as appraiser, as often as and whenever occasion may require, v.hose duty it shall be forthwith to give such notice, by mail, to all persons known to have or claim an interest in such property, and to such persons as the court may by order direct, of -the time and place at which he will appraise such property, and at such time and place to appraise the same and make a report thereof, in writing, to said court, together with such other facts in relation thereto as said court may by order require to be filed with the clerk of said court; and from this report TAXATION. 1361 the said court shall, by order, forthwith assess and fix the market value of all inheritances, devises, bequests, or other interests, and the tax to which the same is liable, and shall immediately causa notice thereof to be given, by mail, to all parties knov/n to be interested therein; and the value of every future or contingent or limited estate, income, or interest shall, for the purposes of this act, be determined by the rule, method, and standards of mortality and of value that are set forth in the actua- ries' combined experience tables of mortality for ascertain- ing the value of policies of life insurance and annuities, and for the determination of the liabilities of life insur- ance companies, save that the rate of interest to be assessed in computing the present value of all future interests and contingencies shall be five per centum per annum; and the insurance commissioner shall, on the application of said court, determine the value of such future or contingent or limited estate, income or interest, upon the facts con- tained in such report, and certify the same to the court, and his certificate shall be cor-clusive evidence that the method of computation adopted therein is correct. The said appraiser shall be paid by the county treasurer out of any funds that he may have in his hands on account of said tax, on the certificate of the court, at the rate of five dollars per day for every day actually and necessarily em- ployed in said appraisement, together with his actual and necessary traveling expenses. [Amendment approved March 9, 1895. Stats. 1895, p. 34. In effect immediately.] Sec. 12. Any appraiser appointed by virtue of this act, who shall take any fee or reward from any executor, admin- istrator, trustee, legatee, next of kin, or heir of any dece- dent, or from any other person liable to pay said tax, or any portion thereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than two hundred and fifty dollars nor more than five hundred dol- lars, or imprisoned in the county jail ninety days, or both, and' in addition thereto the court shall dismiss him from such service. Sec. 13. The superior court in the county in which is situate the real property of a decedent who was not a resident of the state, or in the county of which the dece- dent was a resident at the time of his death, shall have jurisdiction to hear and determine all questions in relation 1362 TAXATION. to the t£x arising under the provisions of this act, and the court first acquiring jurisdiction hereunder shall retain the same, to the exclusion of every other. Sec. 14. If it shall appear to the superior court, or judge thereof, that any tax accruing under this act has not been paid according to law, it shall issue a citation, citing the persons known to own any interest in or part of the property liable to the tax to appear before the court on a day certain, not more than ten weeks after the date of such citation, and show cause why said tax should not be paid. The service of such citation, and the time, manner, and proof thereof, and the hearing and determination there- on, and the enforcement of the determination or deci-ee shall conform to the provisions of chapter twelve of title eleven of part three of the Code of Civil Procedure; and the clerk of the court shall, upon the request of the dis- trict attorney or treasurer of the county, furnish, withouc fee, one or more transcripts of such decree, and the same shall be docketed and filed by the county clerk of any county in the state, without fee, in the same manner and with the same effect as provided by section six hundred and seventy-four of said Code of Civil Procedure for filing a transcript of an original docket. Sec. 15. Whenever the treasurer of any county shall have reason to believe that any tax is due and unpaid under this act, after the refusal or neglect of the. persons interested in the property liable to said tax to pay the same, he shall notify the district attorney of the prop-er county, in writing, of such failure to pay such tax, and the district attorney so notified, if he have probable cause to believe a tax is due and unpaid, shall prosecute the pro- ceeding in the superior court, as provided in section four- teen of this act, for the enforcement and collection of such tax. [Amendment approved March 9, 1S95. Stats. 1895, p. 35. In effect immediately.] Sec. 16. The county clerk of each county shall, every three months, make a statement, in writing, to the county treasurer, of the property from which, or the party from whom, he has reason to believe a tax under this act is due and unpaid. Sec. 17. Whenever the superior court of any county shall certify that there was probable cause for issuing a TAXATION, 1363 citation, and taking the proceedings specified in section fifteen of this act, the state treasurer shall pay, or allow, to the treasurer of any county, all expenses incurred for services of citation, and his other lawful disbursements that have not otherwise been paid. [Amendment approved March 9, 1895. Stats. 1895, p. 35. In effect immediately.] Sec. 18. The county clerk of each county shall keep a book in which he shall enter the values of inheritances, devises, bequests, and other interests subject to the pay- ment of said tax, and the tax assessed thereon, and the amounts of any receipts for payments thereon filed with him, which books shall be kept by him as public records. [Amendment approved March 9, 1895. Stats. 1^95, p. 35. m effect immediately.] Sec. 19. The treasurer of each county shall collect and pay the state treasurer all taxes that may be due and payable under this act, who shall give him a receipt there- for, of which collection and payment he shall make a j-eport, under oath, to the controller, between the first and fifteenth days of May and December of each year, stating for what estate paid, and in such form and containing such particulars as the controller may prescribe; and for all such taxes collected by him and not paid to the state treasurer by the first day of June and January of each year he shall pay interest at the rate of ten per centum per annum. Sec. 20. The treasurer of each county shall be allowed to retain, on all taxes paid and accounted for by him oach year, under this act, in addition to his salary or fees now allowed by law, five per centum on the first fifty thousand dollars so paid and accounted for by him, three per centum on the next fifty thousand dollars so paid and accounted for by him, and one per centum on all additional sums so paid and accounted for by him. Sec. iOVo. The treasurer of each county, in his discre- tion, for the better furtherance of the purposes of this act, shall be allowed to employ such special attorney or attorneys, as he may deem necessary, who shall have all the authority conferred upon the district attorney by sec- tions 14 and 15 of this act, and such attorney shall be paid (for his services) out of the fees now allov/ed the treasurer as provided in section 20 of this act, and that 1364 TAXATION. in no case shall such compensation exceed the per centum allowed as such fees. [New section approved February 27, 1903. Stats. 1903, p. 55. In effect immediately.] Sec. 21. Any person, or body politic or corporate, shall, upon payment of the sum of fifty cents, be entitled to a receipt from the county treasurer of any county, or a copy of the receipt, at his option, that may have been given by said treasurer for the payment of any tax under this act, to be sealed with the seal of his office, which receipt shall designate on what real property, if any, of which any decedent may have died seized, said tax has been paid, and by whom paid, and whether or not it is in full of said tax; and said receipt may be recorded in the clerk's office in the county in which said property is situ- ate, in a book to be kept by said clerk for such purpose, which shall be labeled '"Collateral Tax." Sec. 22. All taxes levied and collected under this act shall be paid into the treasury of the state, for the uses of the state school fund. Sec. 23. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. ACT 4041. An act empowering boards of supervisors of any of the several counties of the state of California to levy a special tax for the purpose of displaying the products and industries of any county in the state at domestic or foreign expositions, for the purpose of encouraging immigration and increasing trade in the products of the state. [Approved March 23, 1901. Stats. 1901, p. 589.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The boards of supervisors of the several counties within the state of California, or any of them, are hereby authorized and empowered to levy a special tax on the taxable property within their respective counties, for the purpose of creating a fund not exceeding ten thou- sand dollars in any one year in any one couniy, to be used for collecting, preparing, and maintaining an exhibition of the products and industries of the county at any domes- tic or foreign exposition, for the purpose of encouraging TAXATION. 1365 Immigration and increasing trade in the products of the state of California; provided, the total tax levies for such purposes in any one year shall not exceed two cents on each one hundred dollars of taxable property in the county, according to the assessment roll. ACT 4043. An act providing for the levy of a special tax for specific public improvements within municipalities. [Became a law under constitutional provision without governor's approval, March 15, 1901. Stats. 1901, p. 296.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever it shall be determined by the legislative body of any municipality within the state of California that the public interest of such municipality demands the acquisition, construction or completion of any municipal improvement, including bridges, water- works, water-rights, sewers, light or power works or plants, buildings for municipal uses, fire apparatus and street work, or other works, property or structures neces- sary or convenient to carry out the objects, purposes and povvers of the municipality, the cost of which will be too great to be paid out of the revenues of the municipality to be received during the fiscal year, or years, in which such improvement is proposed to be made, a special tax, not to exceed the sum of fifty cents on each one hundred dollars, may be levied on the property assessed for pur- poses of taxation within said municipality, which said rate of taxation may be in addition to the annual rate of taxa- tion allov/ed by law to be levied therein. Sec. 2. Before said tax shall be levied by the legislative body of a municipality the question of the levy of such tax shall be submitted to the voters of the municipality at any general or special municipal election, or at a special election to be held for that purpose, and if two thirds of the votes cast upon the proposition of levying such tax shall be in favor of the levy thereof, then the levy shall be made; otherwise, the tax shall not be levied. Upon the ballots used at such election, the proposition to be voted for shall be stated in appropriate words and the same arranged so that the voter may indicate his choice 1366 TAXATION. upon the proposition. If a special election is held, the same shaU be held and conducted as are other elections within the municipality. Sec. 3. At least two weeks before such election is held the legislative body of the municipality shall adopt an ordinance calling and providing for the same, wherein it shall be stated: 1. The nature of the proposed improvement for the cost of w"hich the special tax shall be levied; £. The total amount of money to be raised for such improvement; 3. The annual rate of taxation to be levied. Sec. 4. At the time fixed by law for the levying of taxes within the municipality, the legislative body thereof shall include the special tax herein provided for, which shall be the rate specified in the ordinance calling said election, nor shall it be levied for a longer period of years than shall be sufficient to raise the amount of money speci- fied in said ordinance. The proceeds of said special tax shall be set apart in a special fund and shall only be ex- pended for the purposes of making the improvement stated in said ordinance; provided, that any balance remaining after said improvement shall have been fully completed and paid for may be transferred to the general fund of the municipality. Sec. 5. This act shall not be deemed to repeal, conflict with or modify any provision of any statute of this state concerning the incurring of a bonded indebtedness by mu- nicipalities for public improvements. Sec. 6. This act shall take effect immediately. ACT 4043. An act to provide for the levy and collection of taxes by and for the use of municipal corporations and cities incorporated under the laws of ihe state of California, except municipal corporations of the first class, and to provide for the consolidation and abolition of cer- tain municipal offices, and to provide that their duties may be performed by certain officers of the county, and fixing the compensation to be allowed for such county officers for the services so rendered to such municipal corporations. [Approved March 27, 1895. Stats. 1895, p. 219.] TAXATION. 1367 Section 1. The board of trustees, common council, or other legislative body of any municipal corporation or city in this state, except municipal corporations of the first class, shall have power, and it shall be their duty to fix by ordinance the amount of money necessary to be raised by taxation upon the taxable property therein, as a revenue to carry on the various departments of such municipal corporation or city for the current year, not to exceed the limit fixed by law, and to pay the bonded or other indebted- ness of such municipal corporation or city. The board of trustees, common council, or other legislative body, shall meet for such purpose, and shall so ascertain and fix said amount, on the first Monday in August of each year; provided, however, that the provisions of this act shall not apply to or be in force in any city or municipal corporation until its board of trustees, common council, or other legislative body, shall have passed an ordinance electing to avail itself of the provisions of this act, and filed a certified copy of the same with the auditor of the county in which such munici- pal corporation or city is situated, on or before the first Monday in February of each year; and thereafter all assessments shall be made and taxes collected by the assessor and tax collector of such county until such city or municipal corporation shall, by ordinance, elect not to avail itself of the provisions of this act for any longer time. Sec. 2. The board of trustees, common council, or other legislative body of any municipal corporation or city in this state, except municipal corporations of the first class, shall have power to elect that the duties of the city treasurer of such city or municipal corporation shall be performed by the county treasurer of the county in which such city or municipal corporation is situated; and when- ever such board of trustees, common council, or other legislative body shall, by ordinance, so determine, such duties shall be performed by the treasurer of the county in which such city or municipal corporation is situated. A certified copy of such ordinance shall be served on the tax collector and treasurer of such county, and such ordinance shall also prescribe the manner in which money shall be drawn out of the various funds belonging to such 1368 TAXATION. city or municipal corporation in the hands of the treas- urer. Sec. 3. The county auditor must, on or before the sec- ond Monday in August of each year, transmit to the board of trustees, common council, or other legislative body of such municipal corporation or city within such county, a statement, in writing, showing the total value of all property within each municipal corporation or city, re- spectively, which value shall be ascertained from the as- sessment books of such county for such year, as equalized and corrected by the board of supervisors of such county. Sec. 4. Each board of trustees, common council, or other legislative body of such municipal corporation or city shall, on the first Monday in September, fix the rate of taxes, designated in the number of cents upon each hundred dollars, using as a basis the value of the property as assessed by the county assessor, and so returned to such board by the county auditor, as required by section two of this act, which rate of taxation shall be sufiicient to raise the amount so fixed by such board, as required in section one of this act, which acts by said board are de- clared to be a valid assessment of such property and a valid levy of such rates so fixed. Such municipal or city board must immediately thereafter transmit to the county auditor of the county in which such municipal corporation or city is situated a statement of such rate so fixed by such municipal board. Sec. 5. The auditor must then compute and enter in a separate column in the assessment book, to be headed "City Tax, City of " (naming it), the respective sums in dollars and cents to be paid as a municipal or city tax on the property therein enumerated and assessed as being in any municipal corporation or city, using the rate of levy so fixed by such municipal board, and the assessed value as found in such assessment book. Such taxes so levied shall be collected at the same time and in the same man- ner as state and county taxes; and when collected the net amount as ascertained by sections sis and seven of this act shall be paid to the treasurer of the municipal corporation or city to which it respectively belongs, under the general requirements and penalties provided by law for the settle- ment of other taxes; provided, however, that when such TAXATION. _ 1369 city has by ordinance, a certified copy of wliicli has been served upon the tax collector of such county, elected to avail itself of the provisions of section two of this act, then such tax collector shall pay the money belonging to such city or municipal corporation over to the treasurer of the county in which such city or municipal corporation is situated. Sec. 6. The board of supervisors, on the filing of item- ized statements by the county auditor and county tax col- lector, showing the additional expense to their offices of assessing and collecting these local taxes, may, by an order spread upon the minutes, deduct such expenses from the taxes of such municipal corporation or city, while in the hands of the county tax collector, and cover the same into the county salary fund; provided, that not more than one per cent shall be charged for collecting the first twenty-five thousand dollars so collected, and one fourth of one per cent for all sums over that amount. Sec. 7. Whenever the board of trustees, common coun- cil, or other legislative body of any municipal corporation or city in this state has elected to avail itself of the pro- visions of section two of this act, the board of supervisors of such county shall also reserve as and lor the expenses of the county treasurer, incurred by reason of the imposing of these duties upon him, the sum of one fourth of one per cent, which sum shall be deducted from the money collected by the county tax collector, and covered in to the county treasurer into the county salary fund. Sec. 8. Whenever the board of trustees, common coun- cil, or other legislative body of any municipal corporation or city in this state shall have availed itself of the pro- visions of this act, all duties, other than the assessing of the property of such city or municipal corporation, belonging to the office of the city assessor shall be trans- ferred to and performed by the clerk of such city or municipal corporation; and all duties, other than the col- lection of taxes, belonging to the office of city tax collector shall be transferred to and be performed by the city marshal or chief of police of such city or municipal cor- poration, and thereaiter the office of city assessor, and city tax collector, and city treasurer may be by ordinance abolished. Gen. Laws— 58 1370 TAXATION. Sec. 9. Whenever any real property situate in any city or municipal corporation which has availed itself of the provisions of this act has heen sold for taxes and has been redeemed, the money paid for such redemp- tion shall be apportioned by the county treasurer to such city or municipal corporation in the proportion which the tax due to such ciiy or municipal corporation bears to the total tax for which such real property was sold. Sec. 10. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 11. This act shall take effect Immediately. ACT 4044. An act to provide for the levy and collection of taxes by and for the use of municipal corporations and cities incorporated under the laws of the state, ex- cepting municipal corporations of the first, second, third, and fourth classes, and cities operating under a charter framed under section eight, article eleven, of the constitution. [Approved March 2, 1S91. Stats. 1891, p. 22.] Cal.Rep.Cit. 103, 664. Section 1. The board of trustees, common council, or other legislative body of any municipal corporation or city in this state, excepting municipal corporations of the first, second, third, and fourth classes, and cities operating under a charter framed under section eight, article eleven, of the constitution, shall have power and it shall be their duty to fix, by ordinance, the amount of money necessary to be raised by taxation upon the taxable property therein, as a revenue to carry on the various departments of such corporation or city for the current year, not to exceed the limit fixed by law, and to pay the bonded or other indebtedness of such municipal corporation or city. The board of trustees, common council, or other legislative body shall meet for such purpose, and shall so ascertain and fix said amount, on the first Monday in August of each year; provided, however, that the provisions of this act shall not apply to or be in force in any city or municipal corporation until its board of trustees, common council, or other legislative body shall have passed an ordinance electing to avail itself of the provisions of this TAXATION. 1371 act, and filed a certified copy of the same with the auditor of the county in which such municipal corporation or city is situated, on or before the first Monday in March of each year. Sec. 2. The county auditor must, on or before the third Monday in August of each year, transmit to the board of trustees, common council, or other legislative body of each municipal corporation or city within such county a statement, in writing, showing the total value of all property within each municipal corpoiation or city, respectively, which value shall be ascertained from the assessment book of such county for such year, as equalized and corrected by the board of supervisors for such county. Sec. 3. Each board of trustees, common council, or other legislative body of such municipal corporation or city shall, on the first Monday of October, fix the rate of taxes, designating the number of cents upon each hundred dol- lars, using as a basis the value of property as assessed by the county assessor and so returned to such board by the county auditor, as required in section two of this act, which rate of taxation shall be sufficient to raise the amount so fixed by such board, as required in section one of this act, which acts by said board are declared to be a valid assessment of such property and a valid levy of such rates so fixed. Such municipal or city board must immediately thereafter transmit to the county auditor of the county in which such municipal corporation or city is situated a statement of such rate so fixed by such municipal board. Sec. 4. The auditor must then compute and enter in a separate column in the assessment book, to be headed "City Tax, City of " (naming it), the respective sums, in dollars and cents, to be paid as a municipal or city tax on the property therein enumerated and assessed as being in any municipal corporation or city, using the rate of levy so fixed by such municipal board and the assessed value as found in such assessment book; such taxes so levied shall be collected at the same time and in tho same manner as state and county taxes; and when collected the net amount as ascertained by secton five shall be paid to the treasurer of the municipal corporation or city to which it respectively belongs, under the general require- 1372 TAXATION. ments and penalties provided by law for the settlement of other taxes. Sec. 5. The board of supervisors, on the filing of item- ized statements by the county auditor and county tax collector showing the additional expense to their offices of assessing and collecting these local taxes, may, by an order spread upon its minutes, deduct such expenses from the taxes of each municipal corporation or city, while in the hands of the county tax collector, and cover the same into the county salary fund. Sec. 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. ACT 4045. An act in relation to reassessment of property, the equal- ization of the same, and the collection of taxes thereon, In cases where a former assessment made since eigh- teen hundred and seventy-nine is illegal or invalid, or where the proceedings for the collection of such taxes have been ineffectual by reason of error, irregularity, or invalidity, and such taxes have not been paid. [Approved March 23, 1893. Stats. 1893, p. 290.] Cal.Rep.Cit. 124, 500; 125, 498. Section 1. Every assessment of property made after the year one thousand eight hundred and seventy-nine which is invalid, or may hereafter be adjudged to be, by reason of any illegality, invalidity, or irregularity declared or existing, in the assessment of such property, or in the mode provided for the assessment thereof, shall be remade, and the property reassessed and equalized for each j^ear for which such assessment is invalid as aforesaid, and for the year for which the assessment of such property was invalid as aforesaid, and such reassessment and equaliza- tion shall be made by the same officers and boards at the same time or times, as are now prescribed by law tor the assessment and equalization of property, of the same classes or kinds as the property which hereby is required to be reassessed. The assessment and equalized assessment of such property shall be entered on the sev- eral assessment rolls or books in the same mrnner that assessments of such property are or were required by law to be entered for the year or years during which TAXATION, 1373 such reassessments shall be made. And there is hereby- levied for state purposes the same rates of taxation for each of such respective years as were heretofore levied upon such property for each of said years for said state purposes. Sec. 2. All taxes for counties, cities and counties, and ether taxing districts, shall be levied by the proper board or boards upon the property mentioned in the first section of this act, at the same rates for each respective year as were levied upon property for each of said years after the year eighteen hundred and seventy-nine. Sec. 3. All property authorized to be reassessed by this act shall be reassessed and equalized by the proper ofiicers and boards at the value to which and to the person or corporation to whom or to which such property ought, for each of such j^ears, to have been assessed, under such rules of notice and at the times and in the modes as are prescribed for the assessment and equalization of like classes of property; and the assessment and equalization thereof, and the levy and collection of taxes thereunder, shall be made by the proper officers at the time, upon like notice and in the manner now or hereafter provided by law for making assessments and equalizing the same and for the levy and collection of taxes on like classes of property; and if the taxes so relevied shall become de- linquent, there shall be added thereto and the amount thereof the same percentage as a penalty for such delin- quency, as is added to other delinquent taxes on like classes of property, and such delinquent taxes and penal- ties added thereto shall be collected by the proper officers in the manner now or hereafter provided by law for the collection of delinquent taxes and penalties upon like classes of property; the collectors of such taxes to allow as credits thereon all payments heretofore made on the tax as first levied. Sec. 4. There shall be no limitation or limitations as to the time in which actions for the collections of taxes levied under this act may be commenced, and all the pro- visions of law now or hereafter provided in respect to assessments, equalization, levy, and collection of taxes shall, where applicable, apply to reassessments, equaliza- tion, and relevies and collections of taxes made under the provisions of this act. 1374 TAXATION. Sec. 5. This act shall apply to taxes for revenue only, and not to assessments for local improvements or street purposes. Sec. 6. This act shall take effect and be in force on and after its passage. ACT 4046. An act authorizing the paj'ment of compensation or com- mission to persons employed by the state controller and attorney-general, or by boards of supervisors of the different counties, to collect delinquent state and county taxes, and legalizing all payments made for that purpose. [Approved March 26, 1895. Stats. 1895, p. 94.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. That all sums heretofore paid by the state to any person for compensation or commission to persons for collecting delinquent state and county taxes in pur- suance of an agreement by such persons with the state controller and attorney-general for such collections, and all sums heretofore paid by any board of supervisors out of the county treasury as compensation or commissions for collecting such delinciuent taxes in pursuance of an agreement by such persons with such boards of super- visors, are hereby approved and legalized. Sec. 2. This act shall take effect and be in force from and after its passage. ACT 4047. To abolish commissions or fees paid by the state for the assessment equalization, auditing, and collection of ad valorem taxes. [Approved February 23, 1893. Stats. 1893, p. 5.] Cal.Rep.Cit. 132, 267. ACT 4048. To abolish commissions or fees paid by the state for the assessment, equalization, auditing, and collection of ad valorem taxes. [Approved March 14, 1899. Stats. 1899, p. 102.] ACT 4049. To prevent the maintenance against the state or any oflScer thereof by any county or county officer, of any TAXATION. 1375 action or proceeding for the collection or recovery of any money alleged to be due such county or any officer thereof for services rendered in the assess- ment, equalization, auditing, and collection of ad valorem taxes. [Approved February 16, 1899. Stats. 1899, p. 9.] Cal.Rep.Cit. 132, 277. ACT 4050. Prohibiting the payment of money by the state to counties and cities and counties for the collection of taxes. [Approved March 4, 1899. Stats. 1899, p. 56.] ACT 4051. An act to repeal an act of the legislature of the state of California entitled "An act in relation to the assess- ment and collection of taxes upon personal property in the city and county of San Francisco," approved March 18, 1874, and requiring all counties and cities and counties of this state to conform to the require- ments of the provisions of the Political Code in re- lation to the assessment, equalization, levy, and collection of taxes for revenue purposes. [Approved March 28, 1895. Stats. 1895, p. 308.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. An act entitled "An act in relation to the assessment and collection of taxes upon personal property in the city and county of San Francisco," approved March eighteenth, eighteen hundred and seventy-four, is hereby repealed. Sec. 2. All counties and cities and counties of this state are hereby required to conform to the provisions of the Political Code in relation to the assessment, equali- zation, levy and collection of taxes on real and personal property for revenue purposes, and all laws now in force in relation to revenue are hereby made applicable to all such counties and cities and counties. Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 4. This act shall take effect immediately. The act of 1873-4 was declared unconstitutional in People ▼. Pittsburg R. R. Co., 67 Cal. 425. 1376 TAXATION. ACT 4052. An act concerning the assessment of animals. [Approved March 30, 1872. Stats. 1871-2, p. 754.] Attempted to be modified by 187S-^, 376, which was, however, declared unconstitutional in People v. Townsend, 56 Cal. 634. The decision seems applicable to both statutes. Assessment of animals temporarily pasturing In any county. Section 1. Whenever any person residing in any county of the state, and owning any neat cattle, horses, mules, sheep, or goats therein, shall drive the same from the , county where he resides into any other county, for the purpose of temporarily pasturing the same, all such ani- mals shall be assessed in and for the county where such owner resides, although the said animals shall not be at the time of said assessment in said county in which he may so permanently reside; and such owner shall in- clude such animals in his assessment list, and the assessor of the county where such stock are so temporarily grazed shall list the same, with a full description of each kind and the number of the same; and for the purpose of mak- ing such list, the assessor shall have power, and it is hereby made his duty, to examine on oath the person or persons owning or having charge of such cattle, horses, mules, sheep, or goats, touching their number, ownership, and to whom and in what county, if any, they have been assessed for taxation. The list made out as aforesaid by the assessor, together with a full statement of the same, shall be signed and sworn to by the person or persons owning or having in charge such stock. Duties of assessors and treasurers. Sec. 2. The assessor shall file a copy of said list of such stock with the county treasurer of his county, and another copy with the treasurer of the county in which the said stock was first listed and assessed for taxation. Upon filing the lists aforesaid, with the sworn statement therein that the stock specified in said lists has been pastured or used in the county mentioned therein during the grazing season, with the treasurer of the county in which it was assessed for taxation, said treasurer shall pay, on the order of the treasurer of the county in which the stock was so pastured or used, one half of the amount TAXATION. 1377 of taxes paid in on the said stock, less the cost of collec- tion. Sec. 3. All acts or parts of acts in conflict with this act, so far as they are in conflict with this act, are hereby repealed. Sec. 4. This act shall take effect from and after its passage. ACT 4053. To regulate the assessment of migratory herds or hands of livestock, and to provide for an equitable distri- bution of the taxes derived therefrom. [Approved March 16, 1874. Stats. 1873-4, p. 376.] Supplemented 1875-6, 797. Unconstitutional. (People t. Town- send, 56 Cal. 633.) ACT 4054. In relation to moneys belonging to the state derived from taxes assessed on mortgages. [Approved March 30, 1872. Stats. 1871-2, p. 762.] Not in force. It related to moneys received as taxes on notes secured by mortgage in ttie years 1870 and 1871. ACT 4055. Tajt sales, legalizing certain notices of. [Stats. 1873-4, p. 140.] This act validated the proceedings of tax collectors in 1874. ACT 4056. Relief of taxpayers whose lands have been sold to the state. [Stats. 1875-6, p. 687.] This act applied to lands sold for the years 1874 and 1875, and gave one year to redeem. ACT 4057. For the relief of taxpayers whose lands have been sold to the state. [Stats. 1877-8, p. 951.] "Probably superseded by 1880, 9, chap. XI, and by Political Code, sec. 3730, as amended 1895, 328."— Code Commissioners' note. This act gave taxpayers the right of redemption. ACT 4058. Granting relief to taxpayers whose lands have been sold to the state. [Stats. 1880, p. 9.] Probably superseded by Political Code, sec. 3780. as amended 1895. 328. This act gave a right of redemption. 1378 TAXATION. ACT 4059. An act to confirm, validate and legalize certificates of tax sales and tax deeds executed to the state of Cali- fornia for property sold and deeded thereto for non- payment of taxes. [Approved February 28, 1903. Stats. 1903, p. 63.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. That all certificates of tax sales and tax deeds made to this state by the county tax collector, which certificates and deeds are based upon the sale of property for non-payment of taxes, and which certificates and deeds fail to recite the correct dace, or any date, when the right of redemption will expire, or had expired, or which cer- tificates recite an incorrect date when the state would be entitled to a deed, be and they are hereby confirmed, validated, and legalized, and the same shall be construed and operate at all times and upon all occasions in law in the same manner as if such matters and things required by law had been recited therein and performed in the first instance; provided, that in all cases five years shall have elapsed between the date of sale of the property to the state for non-payment of taxes and the date of the execution of such deed. Sec. 2. This act shall take effect Immediately. ACT 4060. An act authorizing and providing for suits for the col- lection of delinquent taxes due upon personal prop- erty. [Approved March 13, 1903. Stats. 1903, p. 130.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Each county and city and county may sue in its own name for the recovery of any and all moneys due or hereafter to become due as delinquent taxes upon any and all personal property, where no real property is assessed as security for the payment of such personal property taxes, or where, in the judgment of the board of supervisors, there is not suflBcient real property as- sessed to secure the payment of such personal property taxes, whether the same be for county or city and county. TAXATION. 1379 and state purposes, or either of them, and for all penalties due upon said taxes for non-payment thereof. Sec. 2. On the trial of any such suit the assessment roll of said county or city and county, or a copy of any entry therein duly certified, showing unpaid taxes agaiiist the defendant, or, in cases where thfe defendant is sued in a representative capacity, against any person or estate he represents, shall be prima facie evidence of the plain- tiff's right to recover. Sec. 3. All actions now pending for the collection of such taxes may be carried on and prosecuted under the provisions and in accordance with this act. Sec. 4. All acts and parts of acts in conflict with this act are hereby repealed, but the method of collecting such taxes herein provided shall not be deemed to be the exclusive method^ nor shall the provisions of this act in any manner abrogate or modify the provisions of sections 3831 or 3899 of the Political Code of Che state of California. Sec. 5. This act shall take effect and be in force im- mediately from and after its passage. ACT 4061. An act prescribing the form of complaint in actions to recover delinquent taxes, and to authorize the bring- ing of suits therefor. [Approved April 23, 1880. Stats. 1880, p. 136 (Ban. ed. 402).] Repealed in part by Political Code, sec. 3670, as amended 18S3, 65. (San Diego v. Southern Pacific R. Co., 108 Cal. 46.) On the point as to whether this act is still in force, see San Bernardino Co. V. Southern Pac. R. R. Co.. 70 Pac. 782. Cal.Rep.Cit. 61,253; 61,254; 69,648; 73,612; 75.173; 91, 434; 99, 595; 99, 599; lOS, 48; 137, 661. Form of complaint in action for delinquent taxes. Section 1. In any action that may be hereafter com- menced in any county, or city and county, in this state, for the collection of delinquent taxes for any fiscal year, the complaint may be in the following form, and shall be legally suflicient, and on the trial thereof the duplicate assessment roll for any said fiscal year, of said county, or city or county, or a copy of any entry therein duly 1380 TAXATION. certified, showing unpaid taxes against the defendant, or in cases where the defendant is sued in a representa- tive capacity against any person or estate he represents, shall be prima facie evidence of the plaintiff's right to recover: (Title of court.) (Name of plaintiff) vs. (name of de- fendant.) Plaintiff avers that defendant is indebted to plaintiff in the sum of $ (naming the amount for county, or city and county), taxes, with five per cent penalty added thereto for the non-payment thereof, and interest thereon at the rate of two per cent per month from the (date), and fifty cents costs of advertising. Plaintiff further avers that defendant is indebted to plain- tiff in the further sum of $ (naming amount), for state taxes, with five per cent penalty added thereto for the non-payment thereof, and interest thereon at the rate of two per cent per month from (date), and fifty cents costs of advertising, which said taxes were duly assessed and levied upon (the real or personal) property of said defendant, to wit: (describing property as assessed), for the fiscal year (naming the year). Wherefore, plaintiff prays judgment against said defendant, for said several sums, with interest and penalty as aforesaid, and costs of suit. (Signature of attorney.) And in any case where the defendant is sued in a representative capacity, such other further or additional allegations as may be necessary to charge him in such capacity; and it is further provided, that any county, or city and county, where such taxes are delinquent, may sue in its own name for the recovery of delinquent taxes, whether the same be for county, or city and county, and state purposes, or taxes, or eithter of them. Sec. 2. This act shall take effect and be in force from and after its passage. ACT 4062. To protect the county treasuries of certain counties. [Ap- proved March 16, 1874. Stats. 1873-4, p. 393.] This act provides that the assessors of Siskiyou, Calaveras, Amador, and Alpine counties snould pay the salaries of deputies employed by them. It was probably repealed by the County Govern- ment Act. TEHAMA COUNTY. 1381 ACT 40C3. Firemen in certain counties, to be exempt from payment of poll tax. [Stats. 1873-4, p. 731.] Repealed 1875-6, 287. This act exempted the firemen of the counties of Nevada, Placer, Kl Dorado, Alameda, and Siskiyou. TITLE 494. ACT 40G8. TEHAMA COUNTY. To protect agriculture and prevent trespassing of animals in. [Stats. 1873-4, p. 853.] Amended 1875-6, 643. "Modified and probably repealed by 1S77-S, 176, chap. CXXXVI, and 1897, 19S, and by the estray law of 1901, 603."— Code Commissioners' note. ACT 4069.- Relating to salary and duties of assessor of. [Stats. 1871-2, p. 756.] Repealed by County Government Act, 1897, 452. ACT 4070. Canal companies in, autliorizing incorporation of. [Stats. 1871-2, p. 732.] Supplementing act of April 2, 1870. ACT 4071. Cemeteries in, supporting. [Stats. 1871-2, p. 872.] ACT 4072. Relating to certain officers of. [Stats. 1871-2, p. 755.] Repealed by County Government Act, 1897, 452, sec. 193. This act fixed the salary of the district attorney and permitted the county clerk to hire a deputy. ACT 4073. Refunding debt of. [Stats. 1875-6, p. 69.] ACT 4074. Partition fences in. [Stats. 1875-6, p. 207.] ACT 4075. Authorizing transcribing records of Tehama County from the records of Colusa, Shasta, and Butte counties. [Stats. 1859, p. 151.] 1382 TEHAMA, TOWN OF— TELEGRAPH LINES. ACT 4076. Road poll tax. [Stats. 1873-4, p. 431.] As to assessors retaining fees, repealed by County Government Acts, see 1897, 552, sec. 193. ACT 4077. Road poll tax and hospital poll tax. [Stats. 1877-8, p. 211.] Repealed as to poll tax by Political Code, sec. 2652, and by the provisions of the various County Government Acts. ACT 4078. Redistricting and reorganizing board of supervisors. [Stats. 1873-4, p. 816.] Superseded by County Government Acts, see 1897, 452. ACT 4079. Making treasurer of ex-oflScio tax collector. [Stats. 1873-4, p. 796.] Amended 1875-6, 232. Repealed by Coumty Government Acts, see 1897, 452. TITLE 495. ACT 4084. TEHAMA. TOWN OF. To prevent hogs from running at large in. [Stats. 1873-4, p. 776.] Repealed 1877-8, 79. TITLE 496. ACT 4089. TELEGRAPH LINES. Concerning telegraphic messages and to secure secrecy and fidelity in the transmission thereof. [Stats. 1861, p. 380.] Superseded by statute of 1862, 288. ACT 4090. For regulating telegraphs and to secure secrecy and fidelity in the transmission of telegraphic messages. [Stats. 1862, p. 288.] Amended 1S63-4, 232. "As to Penal provisions, superseded by Penal Code (see sees. 619-621, 680; Civil Code, sec. 1017); but section 17, relating to contracts and communications, probably remains in force." — Code Commissioners' note. THEATERS. 13S3 ACT 4091. Providing for the construction of a telegraph line be- tween the Atlantic and the Pacific. [Stats. 1865-6, p. 102.] ACT 4092. Providing for the construction of a telegraph line from San Jose to San Bernardino. [Stats. 1865-6, p. 308.] Amended 1867-8, 530. ACT 4093. Authorizing telegraph between Los Angeles and Wilming- ton. [Stats. 1871-2, p. 87.] ACT 4094. Telegraphic communication between America and Asia, act to facilitate. [Stats. 1871-2, p. 97.] TITLE 497. ACT 4099. THEATERS. An act making it unlawful to refuse admission to places ot amusement. [Approved March 23, 1893. Stats. 1893, p. 220.] Section 1. It shall be unlawful for any corporation, per- son, or association, or the proprietor, lessee, or the agents of either, of any opera-house, theater, melodeon, museum, circus, caravan, race-course, fair, or other place of public amusement or entertainment, to refuse admittance to any person over the age of twenty-one years who presents a ticket of admission acquired by purchase, and who de- mands admission to such place; provided, that any person under the influence of liquor, or who is guilty of boisterous conduct, or any pei'son of lewd or immoral character, may be excluded from any such place of amusement. Sec. 2. Any person who is refused admission to any place of amusement contrary to the provisions of this act is entitled to recover from the proprietor, lessee, or their agents, or from any person, association, corporation, or the directors thereof, his actual damages and one hundred dollars in addition thereto. Sec. 3. This act shall take effect immediately. 1384 THISTLE— TORRENS LAND SYSTEM. TITLE 498. ACT 4104. THISTLE. TMstle, Scotch or Canada, act to prevent propagation of in the counties of Humboldt, Sisldj^ou, Klana^th, Del Norte, and Alameda. [Stats. 1871-2, p. 214.] TITLE 499. ACT 4109. TIA JUANA FLOOD. Appropriation for the benefit of the sufferers of the Tia Juana flood. [Stats. 1891, p. 450.] Unconstitutional. (Patty v. Colgan, 97 CaL 251.) TITLE 500. Ar^r^ A^^A TORRENS LAND SYSTEM. ACT 4114. An act to create a special commission for the purpose of examining and reporting to the thirty-first session of the legislature on the Torrens land transfer act of Australia, and making an appropriation therefor. [Approved March 9, 1893. Stats. 1893, p. 121.] Section 1. A special commission of five persons, four of whom shall be members of the legal profession, is hereby created for the purpose of examining the methods of land transfer and registration as existing under the Torrens land transfer act of Australia, and of preparing a system for the state of California in accordance with said act; and of reporting the same, with an opinion thereon, to the thirty-first session of the legislature of the state of California. Sec. 2. The members of such commission shall be ap- pointed by the governor within twenty days after the passage of this acit; and within ten days from such ap- pointment said commissioners shall meet and organize themselves into a board, at the place in which the majority of said commissioners shall have their residences. The members of said commission shall receive no salary. Sec. 3. The state printer shall print such reports as said commission may make. Sec. 4. There is hereby appropriated the sum of five hundred dollars ($500) out of any money in the state TORRENS LAND SYSTEM. 1385 treasury not otherwise appropriated, for the contingent expenses of said commission, and the state controller shall draw a warrant on the state treasurer for such sum. Sec. 5. This act shall take effect immediately. ACT 4115. An act for the certification of land titles and the sim- plification of the transfer of real estate. [Approved March 17, 1897. Stats. 1897, p. 138.] The people of the state of California, represented in senate and assembly, do enact as follows: County recorders ex-ofScio registrars. Recorders to be registrars. Section 1. Recorders and ex-officio recorders in the several counties of this state shall be registrars of titles in their respective counties, and their deputies shall be deputy registrars. All laws relative to recorders and their deputies, including their compensation, clerk hire, and expenses, shall extend to regisuars and their deputies, so far as the same may be applicable, except as in this act otherwise provided. Registrars of titles shall be county officers within the meaning of the laws of this state. Bonds of recorders to cover their duties as registrars. Sec. 2. The official bonds now required by law to be given by recorders and ex-officio recorders before entering upon the discharge of their duties, shall also apply to and cover the faithful discharge of their duties as registrars, whether such additional condition be specifically provided for in such bonds or not. Deputies may act. Sec. 3. Deputies may perform any and all duties of the registrar, in the name of the registrar, and the acts of such deputies shall be held to be the acts of the regis- trar. Registrar and deputy not to practice law. Sec. 4. Registrars and deputy registrars are prohibited from practicing law, or acting as attorneys or counselors at law, or having as a partner a lawyer or any one who acts as such, or from acting as searchers of title under this act. 1386 TORRENS LAND SYSTEM. Bringing land under the act. Application by verified petition; character of applicant; county of application. Sec. 5. Land may be brought under the operation of this act by the filing with the county clerk of a verified petition to the superior court of the county within which such land is situated, by the owner of any estate or inter- est in such land, whether legal or equitable (other than an undivided share, or an easement). The clerk shall immediately indorse on such application the exact time of its presentation, and enter the same in a book kept for that purpose and known as the land register docket. Persons who collectively claim to hold the entire legal estate in fee simple may jointlj' file such petition. A corporation may apply by its authorized agent, an infant by his guardian; any other person under disability by his guardian or trustee. Land constituting a single parcel and lying partly in two or more counties may be included in one application, which may be made in either county in which the land lies, but the certificate issued therefor must be filed with the registrars of all the counties within which such land is situate. Two or more parcels of land may be included in one application if owned by the same person and in the same right. Contents of application. Sec. 6. The petition shall set forth substantially: (a) The name, occupation, place of residence, and post- ofllce address of the applicant, and if the application is by one acting in behalf of another, the name, place of residence, post-office address, and capacity of the person so acting, and the nature of the disability of the person for whom he is acting. (b) Whether the applicant (except in case of a corpora- tion) is married or not, and, if married, the name and residence of the husband or wife. (c) The description of the land. (d) The applicant's estate or interest in the same, and whether the same is subject to an estate of homestead. (e) Whether the land is occupied or unoccupied, and, If occupied, the name and post-office addres's of each occupant, and what estate or interest he has or claims in the land. TORRENS LAND SYSTEM. 1387 (f) Whether the land is subject to any easement, lien, or incumbrance, and, if any, the name and post-office address if known of each holder thereof, and the nature and amount of the same, and, if recorded, the book and page of the record. (g) Whether any other person has any estate or claims any interest in the land, in law or equity, in possession, remainder, reversion, or expectancy, and, if any, the name and post-office address if known of every such person, and the nature of his estate or claim. (h) The names and post-office addresses of all the owners of the adjoining lands, so far as he is able, upon diligent inquiry, to ascertain the same. (i) If the applicant is a male, that he is of the full age of twenty-one years; if a female, that she is of the full age of eighteen years. If the application is made by a corporation, its name, when and where incorporated, its principal place of business, and the names and post-office addresses of its president and secretary. If the applica- tion is by a husband or wife, and the property is com- munity property, the petition must so state, and both spouses must join therein. A plat or plan of survey of the land made by the county or a licensed surveyor must accompany the application, and if said land is a part of a city, town, or subdivision, the application must refer to the book and page of the records of the county where the map of said city, town, or subdivision is recorded, if at all. Each application must be accompanied by an abstract of the title, verified by the searcher making the same, as required in proceedings in partition, or, if made by a corporation engaged in the business of making and certi- fying abstracts of title, then in lieu of the affidavit a certificate by such corporation, under its seal, shall be sufficient. When the title to the land in question has been previously determined by a final decree of a court of competent jurisdiction, such abstracts need not ante- date such decree unless required by tho court in which such application is filed. No person or corporation shall be authorized to make or furnish such abstracts of title until after entering into an undertaking with two or more sufficient sureties to the people of the state of California in a sum not less than ten thousand dollars, which may; iS^S TOrReNS land System. be Increased from time to time by order of the court. Such bonds shall be recorded in the record of official bonds in the recorder's office of the county and then filed in the county clerk's office. Said bond shall be conditioned to pay all damages and costs which the state may sustain by reason of any error or insufficiency in said abstract. The sureties on such bond shall qualify as provided in section ten hundred and fiftj^-seven of the Code of Civil Procedure, and the sufficiency of the bond and of the sureties thereon shall be approved by a judge of the superior court of the county where such bond is to be filed. The sureties upon such bond may become severally liable in portions of not less than five hundred dollars each, making in the aggregate at least two sureties for the whole sum. Said bond shall be renewed as often, at least, as once in every period of three years. Registration of fee simple must precede all else. Sec. 7. No mortgage, lien, charge, or lesser estate than a fee simple shall be registered unless the fee simple to the same land is first registered. Registration not to be refused because of incumbrance. Sec. 8. It shall not be an objection to bringing land under this act, that the estate or interest of the applicant is subject to any outstanding lesser estate, mortgage, lien, or charge; but every such lesser estate, mortgage, lien, or charge shall be noted upon the certificate of title and the duplicate thereof, and the title or interest cer- tified shall be subject only to such estates, mortgages, liens, and charges as are so noted, except as herein provided. No registration based on tax title until after five years adverse possession. Sec. 9. No title derived through sale for any tax or assessment shall be entitled to be first registered, unless it shall appear to the satisfaction of the court, upon the hearing of the application, that the applicant, or those through whom he claims title, have been in the open, actual, continuous, uninterrupted, vmdisputed, exclusive, and adverse possession of the land under such title at "least five years, and have paid all taxes and assessments legally levied thereon for five successive years. TORRENS LAND SYSTEM. 1389 Amendment to application verified. Sec. 10. The application may be amended only by peti- tion verified as in the case of the original. Such amend- ment may be ordered by the court on its own motion, or upon the motion of any person interested in the proceed- ing. Filing of application to be notice to subsequent purchasers. Sec. 11. The filing of the application in the office of the county clerk shall be sufficient notice of the same to all subsequent purchasers or incumbrancers without the filing of a lis pendens in the office of the recorder. Court to dismiss application, or set it for hearing. Sec. 12. The court shall, in its discretion, examine the abstract itself, or refer the same, as provided in section eighteen of this act. If it shall appear to the court, from an examination of the abstract, or from the report of the referee, that the title to the land described in the appli- cation is substantially as alleged by the applicant, the application shall be set for hearing, otherwise the court may order the application dismissed. Notice of hearing to be given; any one may appear and object; costs. Sec. 13. When the time and place for hearing the ap- plication is fixed by the court, notice thereof shall be given to all parties interested, as shown by the petition and the abstract or referee's report, and to the husband or wife of the applicant, if married, and the owners of adjoining lands, in the same manner as the service of a summons in a civil action, and by publication for at least four weeks, in some newspaper of general circulation, to be designated by the court; provided, that no copy of abstract or map need be served with the petition. Any person interested may appear and object to the granting of the application, and if such objection is sustained, the costs of the same shall be paid by the applicant; if not, by the person so objecting. The time for appearance after service shall be the same as in the case of a civil action. Upon the hearing the court to take evidence on the alle- gations of petition; and may adjourn hearing. Sec. 14. Upon the day set for the hearing of the appll- 1390 TORRENS LAND SYSTEM. cation, or at such time as the same may be continued to, the court shall cause examination to be made into the applicant's title to the land in question, and shall hear testimony as to the allegations of the petition, or of any objections thereto; and if any defects are found in the application, or in the applicant's title to the land, or if any of the allegations of the petition are found to be untrue, or any objections to said petition are sustained, the court may dismiss such application, or may give the applicant such further time as the court may deem reason- able, before finally passing upon his application. Decree setting forth title to be made by court on granting application. Sec. 15. If it shall be made to appear, to the satis- faction of the court, that the notice required by section thirteen has been duly gi\en and served; that the facts stated in the application are true, and that the applicant is the owner of the land, or interested therein, as set forth in the petition, the court shall duly make, give and enter a decree to that effect, which said decree shall con- tain an accurate description of the property in question, with a diagram thereof, and also shall set forth all liens and incumbrances on said land, with the name of the holder thereof, and the nature, amount, and order of the same, and, if recorded, the book and page of the record. Any party aggrieved by such decree may appeal therefrom in the manner now or hereafter provided by law for ap- peals in civil actions. Registrar to issue certificate of title upon filing of certi- fied copy of decree. Sec. 16. A certified copy of such decree shall be filed in the office of the registrar, who shall thereupon issue a certificate of title to the person entitled thereto as shown by said decree, and shall proceed to bring said land under the operation of this act, as herein provided. Said certificate shall contain the description of the property set forth in the decree, and shall also show the nature, amount, and order of the liens thereon. . Decree to be in rem, and conclusive. Sec. 17. The decree of the court ordering registration shall be in the nature of a decree in rem, and shall be final and conclusive as against the rights of every and TORRENS LAND SYSTEM. 1331 all persons, known and unknown, to assert any estate, interest, claim, lien, or demand of any nature or kind whatever, against thfe land so ordered registered, except as provided in this act. Court to appoint referee; compensation of searcher and of referee. Sec. 18. Upon the filing of the petition the court may appoint a referee to examine and report upon the abstract accompanying the same. Such referee shall be an attorney in good standing, skilled in the examination of titles, of not less than three years' practice at the bar of the court so appointing him. The compensation of the search- er and of the referee shall be fixed by the court, or agreed upon between themselves and the applicant, and shall be paid by the applicant as a part of the costs of the pro- ceeding. Written opinion of referee to be filed before decree made. Sec. 19. Whenever such abstract shall be made and such referee appointed, no decree shall be entered by the court until the written opinion of such referee shall be filed in the proceeding, showing the nature of the appli- cant's title to the land; and if the same is subject to any lesser estate, mortgage, lien, or charge, particularly specifying the same and the priority thereof. The estate of homestead shall be included in the term "lesser estate." Applicant may withdraw application upon payment of fees at any time prior to issuance of certificate of title. Sec. 20. Any applicant may, upon payment of all fees due, withdraw his application for registration at any time prior to the issuing of a certificate of title; and upon the written request of such applicant and the order of the court, the clerk shall return to the applicant all abstracts of title, deeds, and other instruments, except depositions or affidavits deposited by him for the purpose of support- ing his application. On transfer of interest or death of applicant, proceedings may be continued. Sec. 21. In case of the death or any disability of the applicant, the court, on motion, may allow the proceeding 1392 TORRENS LAND SYSTEM. to be continued by or against tiis representative or suc- cessor in interest. In case of any other transfer of inter- est the proceeding may be continued in the name of the original applicant, or the court may allow the person to whom the transfer is made to be substituted in the pro- ceeding. Registrar to keep record of particulars of issuance. Sec. 22. The registrar shall immediately, upon the reg- istration of any land, make an entry in a book kept by him for that purpose, showing the name of the person to whom the certificate was issued, its number, the day, hour, and minute of its issuance, the name of the person to whom the duplicate certificate was delivered, and the book and page where the original certificate is entered or recorded. Certificate of title to be in duplicate; its contents; origi- nal to be retained by registrar. Sec. 23. E^ery first and subsequent certificate of title shall be in duplicate and numbered consecutively and bear date the year, month, day, hour, and minute of its issue, and be under the hand and oflScial seal of the regis- trar, one copy of which shall be retained by the registrar and be known as the original, and the other shall be de- livered to the owner, or person acting for him, and be known as the duplicate. It shall state whether the owner, except in the case of a corporation, executor, administrator, assignee, or other trustee, is married or not married, and the name of the husband or wife. If the owner is a minor it shall state his age; if under any other disability, the na- ture of the disability. If issued to an executor or admin- istrator, the certificate shall show the name of the deceased testator or intestate; if to an assignee in insolvency, the name of the insolvent. The registrar shall note at the end of the certificate, original and duplicate, in such manner as to show and preserve their priorities, the particulars of all estates, mortgages, liens, incumbrances, and charges to which the owner's title is subject. Form of certificate. Sec. 24. No particular form of certificate of title is required, but the same may be, subject to such changes as the case may require, substantially in the following form: TORRENS LAND SYSTEM. 1393 State of California, i County of j ^^• A. B. (state occupation and residence, giving street and number), state of California (if an administrator, give the name of the deceased; if a minor, give his age; if un- der other disability, state its nature), married to (name of husband or wife, or if not married so state), is the owner of an estate in fee simple (or as the case may be) in the following land (insert description contained in the decree). Subject, however, to the estates, easements, liens, incumbrances, and charges hereunder noted. (In case of trust, condition, or limitation, say "in trust," or "upon condition," or "with limitation," as the case may be.) 1. Mortgage to C. D. for the sum of $ , dated , payable after date, with interest at per cent per , interest payable . 2. Mechanic's lien in favor of X. Y. for $ , filed . 3. Assessment for improvement of street. Amount § , due . (Any other incumbrances or charges.) In witness whereof, I have hereunto set my hand and caused my oflScial seal to be aflaxed, this day of . Registrar of Titles in and for the county of . state of California. [Seal.] Tenants in common may receive each a certificate. Sec. 25. In all cases where two or more persons are en- titled as tenants in common to an estate in registered land, such persons may receive one certiticate for the entirety, or each may receive a separate certificate for his undi- vided share. Registered owner may consolidate several or divide up one certificate. Sec. 26. Upon the application of any registered owner of land held under separate certificates of title, or un- der one certificate, and delivering up of such certificate or certificates of title, the registrar may issue to such owner a single certificate of title for the whole of such land, or several certificates, each containing a portion of such land, in accordance with such application, and as far Gen. Laws— 59 1394 TORRENS LAND SYSTEM. as the same may be done consistently with any regula- tions at the time being in force, respecting the certificates of land that may be included in one certificate of title; and upon issuing any such certificate of title said regis- trar shall indorse on the last previous certificate of title of such land so delivered up a memorial, setting forth the occasion of such cancellation and referring to the volume and folium of the new certificate or certificates of title so issued. Certificate may be issued by order of court in lieu of lost duplicate; proceedings therefor. Sec. 27. In the event of a duplicate certificate of title being lost, mislaid, or destroyed, the owner may apply to the court for an order upon the registrar to issue a cer- tified copy of the original certificate of registration. Upon the heai'ing of such application, the court may order such notice to be given to such persons, and for such time as it may deem proper. If the court is satisfied that the ap- plicant is the person named in the original certificate on file in the registrar's office, and that the duplicate certifi- cate has been lost, mislaid, or destroyed, the court shall make an order directing the registrar to issue a certified copy of the original certificate to the applicant. A certi- fied copy of such order shall be filed in the registrar's office, who shall thereupon issue to such applicant a certi- fied copy of the original certificate, with the memorials and notations appearing upon the register, and shall note upon the register the fact, cause, and date of such issue, and shall also mark upon such certified copy: "Owner's certi- fied copy, issued in place of lost (mislaid, or destroyed, as the case may be) certificate," and such certified copy shall stand in the place of, and have like effect, as the missing duplicate certificate. In case of a lost certificate, no transfer of the land shall be made until such certified copy is issued by the registrar. A certified copy of the certificate of title may be issued by the registrar for use as evidence, upon the receipt by him of an order therefor made by the court; provided, that such certified copy shall have written or stamped across the face thereof the words "For use as evidence only." The issuance of such certified copy and the purpose thereof shall also be noted upon the original certificate by the registrar. TORRENS LAND SYSTEM. 1395 Change of name or of description to be noted on order of court. Sec. 28. If an owner's name or description is incorrectly registered, or becomes changed (e. g. by marriage, adop- tion, divorce, etc.), the court, upon the filing of an appli- cation and proof of facts in the manner set forth in sec- tion twenty-seven of this act, and the production by the owner of the duplicate certificate, shall order the registrar to issue a new certificate, with such changes as the case may require. The Register of Titles. Original certificate to be entered in register; memorials to be on latest certificate. Sec. 29. The registrar shall keep a book, to be known as the "Register of Titles," wherein he shall enter all original certificates of title, in the order of their numbers, with appropriate blanks for the entry of memorials and no- tations allowed by this act. Each certificate, with such blanks, shall constitute a separate folium of such book. All memorials and notations that may be entered upon the register under the terms of this act shall be entered upon the folium constituted by the last certificate of title of the land to which they relate. Each certificate of title shall be numbered the same as the folium of the register on which the registration of the title of which it is a dupli- cate is entered. Receipt to be given for duplicate certificate on its issuance. Sec. 30. Before the delivery of any duplicate certificate of title, a receipt for it shall be required to be signed by the owner. Where such receipt is signed in the presence of the registrar or a deputy, it shall be witnessed by such oflicer. If signed elsewhere, it shall be acknowledged be- fore any oflicer authorized to take acknowledgments of deeds. First registration deemed complete on notation of original entries upon certificates. Sec. 31. In every case of first registration of land or an estate or interest therein, the same shall be deemed to be registered under this act, when the registrar shall have marked upon the certificate of title, in duplicate, the volume and folium of the register in which the original may be found. 1396 TORRENS LAND SYSTEM. Transfer complete on notation upon new certificate; other dealings complete on notation; registration to relate back to filing with registrar. Sec. 32. Every transfer of registered land shall be deemed to be registered under this act, when the new cer- tificate to the transferee shall have been marked, as in the case of the first registration; and all other dealings shall be considered as registered when the memorial or nota- tion shall have been entered in the register upon the folium constituted by the existing certificate of title of the land. But, for the protection of the transferee or per- son claiming through any transfer or dealing, the regis- tration shall relate back to the time of filing in the regis- trar's oflice the deed, instrument, or notice, pursuant to which the transfer memorial or notation is made. Party aggrieved may bring action against registrar and others. Sec. 33. Any person feeling himself aggrieved by the ac- tion of the registrar, or by his refusal to act in any matter pertaining to the first registration of land, or any subse- quent transfer, or charge upon the same, or failing, or neglecting, or refusing to file any instrument, or to enter or cancel any memorial or notation, or to do any other thing required of him by this act, may file a complaint in the superior court making the registrar and other per- sons, whose interests may be affected, parties defendant, and the court may proceed therein as in other cases, and make such order or decree as shall be according to equity and the purport of this act. A certified copy of such order or decree shall be presented to the registrar, who shall file the same and make such entry thereof as by this act required. Effect of Registration. In absence of fraud, title to be subject only to noted In- cumbrances; exceptions. Sec. 34. The registered owner of any estate or interest in land brought under this act shall, except in case of fraud to which he is a party, or of the person through whom he claims without valuable consideration paid in good faith, hold the same subject only to such estates, mortgages, liens, charges, and interests as may be noted TORRENS LAND SYSTEM. 1397 In the last certificate of title in the registrar's office, and free fi'om ail others, except: 1. Any subsisting lease or agreement for a lease for a period not exceeding one year, where there is actual oc- cupation of the land under lease. The term "lease" shall include a verbal letting. 2. All public highways embraced in the description of the lands included in the certificate. 3. Any subsisting right of way or other easement, how- ever created, upon, over, or in respect of the land. 4. Any tax or special assessment for which a sale of the land has not been had at the date of the certificate of title. 5. Such right of action or claim as is allowed by this act. 6. Liens, claims, or rights arising under the laws of the United States, which the statutes of California cannot require to appear of record upon the register. No adverse possession after registration possible. Sec. 35. After land has been registered no title thereto adverse or in derogation to the title of the registered owner shall be acquired by any length of possession. Presumption of good faith in purchaser of registered land. Sec. 36. Except in case of fraud, and except as herein otherwise provided, no person taking a transfer of regis- tered land, or any estate or interest therein, or of any charge upon the same from the registered owner, shall be held to inquire into the circumstances under which, or the consideration for which, such owner or any previous registered owner was registered, or be affected with notice, actual or constructive, of any unregistered trust, lien, claim, demand, or interest; and the knowledge that any unregistered trust, lien, claim, demand, or interest is in existence shall not of itself be imputed as fraud. Persons defrauded shall not lose rights. Sec. 37. In case of fraud, any person defrauded shall have all rights and remedies that he would have had if the land were not under the provisions of this act; pro- vided, that nothing contained in this section shall affect the title of a registered owner who has taken bona fide for a valuable consideration, or of any person bona fide claiming through or under him. 1398 TORRENS LAND SYSTEM. Registration of forged instrument void but title of bona fide owner not affected. Sec. 38. If a deed or other instrument is registered, which is forged, or executed by a person under legal dis- ability, such registration shall be void; provided, that the title of a registered owner, who has taken bona fide for a valuable consideration, shall not be affected by reason of his claiming title through some one, the registration of whose right or interest was void, as provided in this sec- tion. No unregistered interest shall prevail against bona fide registered owner. Sec. 39. No unregistered estate, interest, power, right, claim, contract, or trust shall prevail against the title of a registered owner taking bona fide for a valuable con- sideration, or of any person bona fide claiming through or under him. In absence of fraud, certificate of title is conclusive evi- dence in suit for specific performance of contract to purchase. Sec. 40. In any suit for specific performance brought by a registered owner of any land under the provisions of this act against a person who may have contracted to purchase such land, not having notice of any fraud or other circumstances which, according to the provisions of this act, would affect the right of the vendor, the certificate of title of such registered owner shall be held in every court to be conclusive evidence that such registered owner has a good and valid title to the land, and for the estate or interest therein mentioned or described. In ejectment or partition suits, certificate is conclusive evidence. Sec. 41. In any action or proceeding brought for eject- ment, partition, or possession of land, the certificate of title of a registered owner shall be held in every court to be conclusive evidence, except as herein otherwise pro- vided, that such registered owner has a gooa and valid title to the land, and for the estate or interest therein men- tioned or described, and that such registered owner is entitled to the possession of said land. The register to be received as evidence. Sec. 42. The register of any land, and duly certified TORRENS LAND SYSTEM. 1399 copies thereof, shall, except as herein otherwise pro vided, be received in law and in equity as evidence of the facts therein stated, and as conclusive evidence that the person named therein as owner is entitled to the land for the estate or interests therein specified. Memorial to be noted until cancellation. Sec. 43. Whenever a memorial has been entered, as permitted by this act, the registrar shall carry the same forward upon all certificates of title until the same is canceled in some manner authorized by this act. Dealings subsequent to first registration subject to act. Sec. 44. All dealings with land or any estate or interest therein, after the same has been brought under this act, and all liens, incumbrances, and charges upon the same subsequent to the first registration thereof, shall be deemed to be subject to the terms of this act, and to such amendments and alterations as may hereafter be made. The bringing of land under this act shall imply an agreement which shall run with the land, that the same shall be subject to the terms and provisions of the act and of amendments and altei-ations thereof. Five years' limitation to bringing of action affecting reg- istered land; incompetents to appear. Sec. 45. No person shall commence any action at law or in equity for the recovery of land, or assert any in- terest, right in, or lien or demand upon the same, or make entry thereon adversely to the title or interest certified In the first certificate bringing the land under the operation of this act, unless within five years after the first registra- tion. It shall not be an exception to this rule that the person entitled to bring the action or make the entry is an infant, lunatic, or is under any disability, but action may be brought by such person by his next friend or guardian. It shall be the duty of the guardian, if there is any, to bring action in the name of his ward whenever it is necessary to preserve or enforce the ward's rights in registered land; provided, however, before such action shall proceed, it must be made to appear to the court that the person bringing such action, or those under whom he claims, had no actual notice of the proceedings to register such lands in time to appear and file his objections or assert his claim. 1400 TORRENS LAND SYSTEM. Action not to affect bona fide purchasers. Sec. 46. The action provided for in the last preceding section, shall in no way affect or disturb the rights of any person in said land, acquired subsequent to the registration thereof, bona fide and without knowledge, and for a valuable consideration. Claim to arise after expiration of five years preserved by noting memorial; proceedings subsequent. Sec. 47. Any person having any interest, right, title, lien, or demand, whether vested, contingent, or inchoate, in, to, or upon registered land which existed at the time the land was first registered, and upon or for which no cause of action shall have accrued at the date of the registration of the land, may, prior to the expiration of said five years after such registration, file in the registrar's oflBce a notice, under oath, setting forth his interest, right, title, lien, or demand, and how and under v.^hom derived, and the character and nature thereof; and if such claim is so filed, an action may be brought to assert or recover or enforce the same at any time within one year after the right of action shall have accrued thereon, or at any time within the period of five years after said first regis- tration, and not afterwards. It shall be the duty of a life tenant or trustee to file such claim on behalf of any remainderman or reversioner, whether the remainder or reversion be at the time vested or contingent, and of a guardian to file such claim on behalf of his ward. Transfers. Title passes on filing of deed and of duplicate. Sec. 48. A registered owner of land desiring to trans- fer his whole estate or interest therein, or some distinct part or parcel thereof, or some undivided interest therein, or to grant out of his estate an estate for life or for a term of not less than ten years, may execute to the in- tended transferee a deed or instrument of conveyance in any form authorized by law for that purpose. And upon filing such deed or other instrument in the registrar's office and surrendering to the registrar the duplicate certificate of title, the transfer shall be complete and the title so transferred shall vest in the transferee; there- upon, the registrar shall issue in duplicate and register, as hereinbefore provided, a new certificate, certifying the TORRENS LAND SYSTEM. 1401 title to the estate or interest in the land desired to be ■conveyed to be in the transferee, and shall note upon the •original and duplicate certificate the date of the transfer, the name of the transferee, and the volume and folium in which the new certificate is registered, and shall stamp across the original and surrendered duplicate certificate the word "Canceled," in whole or in part, as the case may be. New certificate to issue for remainder, if but a parcel be transferred. Sec. 49. When only a part of the land described in a certificate is transferred, or some estate or interest in the land is to remain in the transferrer, a new certificate shall be issued to him for the part, es<^ate, or interest remaining in him. Time of filing to be noted on instrument. Sec. 50. The registrar shall mark as filed every deed, mortgage, lease, and other instrument which may be filed in his office, in the order of its receipt, and shall note thereon at the date of filing the minute, hour, day, and year it is received. When the date of filing any instrument is required to be entered upon the register, it shall be the same as that indorsed upon such instrument. Papers filed to be retained. Sec. 51. All instruments, notices, and papers required or permitted by this act to be filed in the office of the registrar, shall be retained and kept in such office, and shall not be taken therefrom except by a subpoena duces tecum issued to, and served upon the registrar by a court of record. But the registrar, on demand, the proper fee being tendered therefor, shall deliver to any person a copy or copies of such an instrument, with all memoranda, memorials, and indorsements thereon, duly certified under his hand and seal of office. The registrar shall, however, upon all such copies, indorse thereon in writing across the face thereof, in red ink, "Copy, no rights conveyed hereby." Such copies to be received in evidence. Sec. 52. Every copy of original instruments so certified as provided for in the last preceding section, shall be 1402 TORRENS LAND SYSTEM. received in all cases in place of the original, and as evi- dence have the same force and effect as the original in- strument. Existing forms of deeds may be used. Sec. 53. Like forms of deeds, mortgages, leases, and other instruments as are now or may hereafter be suffi- cient in law for the purpose intended, may be used in dealing with registered land and any estate or interest therein. Such instrument shall give the number of the certificate of title of the land described therein. But an indorsement, duly acknowledged, upon the duplicate cer- tificate of title, substantially in the following form, viz.: "I , grant to the real property described in this certificate. Witness hand and seal this day of , ," shall be sufficient to transfer the property in said certificate described. Name and address to be indorsed on instrument, and no- tices to be sent there. Sec. 54. On all instruments presented to the registrar for registration shall be indorsed the name and address of the person so presenting the same, and all notices relating to the land therein described may be served on such person at such address. The address may be changed fi'om time to time by such person filing with the registrar a written notice of such change. Instrument affecting registered land to be but a contract until registered. Sec. 55. A deed, mortgage, lease, or other instrument purporting to convey, transfer, mortgage, lease, charge, or otherwise deal with registered land, or any estate or interest therein, or charge upon the same, other than a will or a lease not exceeding one year where the land is in the actual possession of the lessee or his assigns, shall take effect only by way of contract between the parties thereto, and as authority to the registrar to register the transfer, mortgage, lease, charge, or other dealing upon compliance with the terms of this act. On the filing of such instrument, the land, estate, interest, or charge shall become transferred, mortgaged, leased, charged, or dealt with according to the purport and terms of the deed, mortgage, lease, or other instrument. The registrar shall immediately, upon the filing of such instrument, TORRENS LAND SYSTEM. 1403 Stamp or write upon the original and duplicate certificates of title the word "Transferred," "Mortgaged," "Leased," or otherwise, as the case may require, with the date of filing such instrument. Certificate before retransfer, etc., must show freedom from tax sale and homestead. Sec. 56. No transfer of title to land, or any estate or interest therein, or mortgage, shall be registered, if the last original certificate shows that the land has been sold for any tax or assessment upon which a deed has been given, and that the title is outstanding, or upon which a deed may thereafter be given, or if said certifi- cate shows that the estate of homestead, if any, has not been released or extinguished, unless the transfer or mort- gage is intended to be subject to such tax sale or home- stead estate, in which case it shall be so stated in the certificate of title. Certificate to state marriage or representative capacity, if any. Sec. 57. Every certificate of title to land shall state whether the transferee (except when the latter is a cor- poration, executor, administrator, or assignee) is married or not married, and if married, the name of the husband or wife. If the transferee be an executor or administrator, the certificate shall give the name of the deceased tes- tator or intestate, and if the transferee be an assignee, the name of the insolvent. The transferee shall furnish the registrar the necessary information before he shall be entitled to have the land transferred to him on the reg- ister. Mortgages, Leases, and Other Charges. Incumbrance on registered land must be registered. Sec. 58. Every mortgage, lease, contract to sell, or other instrument intended to create a lien, incumbrance, or charge upon registered land, or any interest therein, shall be deemed to be a charge thereon, and must be registered as hereinafter provided. Incumbrance created on filing of charge. Sec. 59. On the filing of the instrument intended to create the charge in the registrar's office, and the produc- tion of the duplicate certificate of title, and it appearing 1404 TORRENS LAND SYSTEM. from the original certificate of title that the person in- tending to create the charge has the title and right to create such charge, and the person in whose favor the same is sought to be created being entitled by the terms of this act to have the same registered, the registrar shall enter upon the proper folium of the register, and also upon the duplicate certificate, a memorial of the purport thereof, and the date of filing the instrument, with a reference thereto, by its file number, which memorial shall be signed by the registrar. The registrar shall also note upon the instrument on file the volume and folium of the register where the memorial is entered. Trust deed to be treated as a mortgage. Sec. 60. A trust deed in the nature of a mortgage shall be deemed to be a mortgage, and be subject to the same rules as a mortgage. If instrument charging land be in duplicate or more parts, but one need be filed. Sec. 61. When any mortgage, lease, or other instru- ment creating or dealing with a charge upon registered land or any estate or interest therein, is in duplicate, triplicate, or more parts, only one of the parts need be filed and kept in the registrar's ofiice; but the registrar shall note upon the register whether the same is in dupli- cate, triplicate, or as the case may be, and shall also mark upon the others ''Mortgagee's Duplicate," "Lessor's Duplicate," "Lessee's Duplicate," or as the case may be, and note upon the same the date of filing and the volume and folium of the register where the memorial is entered, and deliver them to the parties entitled thereto. Certified copies identified as such may be issued. Sec. 62. When an instrument is not executed in a suflBcient number of parts for the convenience of the parties, the registrar may make and deliver to each of the parties entitled thereto certified copies of the instru- ment filed in his oflace, with the indorsements thereon, marking the same "Mortgagee's Certified Copy," "Lessor's Certified Copy," or as the case may be, and shall note upon the register the fact of issuing such copies. Such cer- tified copies shall have the same force and effect and be treated as duplicates. TORRENS LAND SYSTEM. 1406 Assignment of charge by filing and noting of same by memorial. Sec. 63. The holder of any charge upon registered land, desiring to transfer the same or any part thereof, may execute an assignment of the whole or any part thereof. The assignment of a part only must state whether the part transferred is to be given priority, to be deferred, or to rank equally, with the remaining part. Upon such assignment being filed in the ofiice of the registrar and the production of the duplicate or certified copy of the instrument creating the charge held by the assignor, the registrar shall enter in the register opposite the charge, a memorial of such transfer, and how it ranks, with a reference to the assignment by its file number; he shall also note upon the instrument on file in his ofiice intended to be transferred, and upon the duplicate or certified copy thereof produced, the volume and folium where the me- morial is entered, with the date of the entry. The trans- feree shall be entitled to have a certified copy of the instrument of transfer, witli the indorsement thereon, and in case of the transfer of the entire charge, the duplicate or certified copy of the instrument creating the charge. Release of part or whole of charge to be noted as an assignment. Sec. 64. A release, discharge, or surrender of a charge, or any part thereof, or of any part of the land charged, may be effected in the same way as above provided in the case of a transfer. In case only a part of the charge or of the land is intended to be released, discharged, or surrendered, the entry shall be made accordingly; but when the whole is released, discharged, or surrendered at the same or several times, the registrar shall stamp across the instrument on file, and the memorial thereof, and the duplicate or certified copy produced, the word "Canceled." Charges to be enforced as at present, except as herein provided, and except that notice of lis pendens must be filed with registrar. Sec. 65. All charges upon registered land, or any estate or interest in the same, may be enforced as now or here- after allowed by law, and all laws with reference to the foreclosure and release or satisfaction of mortgages shall 1406 TORREXS LAND SYSTEM. apply to mortgages upon registered land, or any estate or interest therein, except as herein otherwise provided, and except that until notice of the pendency of any suit to enforce or foreclose such charge is filed in the registrar's oflBce, and a memorial thereof entered on the register, the pendency of such suit shall not be notice to the registrar, or any person dealing with the land or any charge thereon. Attorneys in Fact. Attorney in fact to deal with registered land must file his power. Sec. 66. Before any person can convey, charge, or otherwise deal with registered land, or any estate or in- terest therein, as attorney in fact for another, the deed or instrument empowering him so to act shall be filed with the registrar, and a memorial thereof entered upon the original and duplicate certificates. If the attorney shall so desire, the registrar shall deliver to him a cer- tified copy of the power of attorney, with the indorsements thereon. Revocation of a power may be registered in like manner. Trusts, Conditions, and Limitations. Trusts, etc., to be noted without any of the particulars. Sec. 67. Whenever a deed or other instrument is filed in the registrar's oQice for the purpose of effecting a transfer of, or charge upon, registered lands, or any estate or interest therein, and it appears from such instrument that the transfer or charge is to be in trust, or upon any condition or limitation therein expressed, the registrar shall note in the certificate, and the duplicate thereof, or memorial, the words "in trust," or "upon condition," or "with limitations," as the case may be, but no entry shall be made of the particulars of any such trust, conditions, or limitations. Every trustee with express authority, shall have power of sale. Sec. 68. The trustee or transferee in any such instru- ment named, if the instrument contains the words "with power of sale," shall have power to deal with the land as the owner thereof; and a bona fide purchaser, mort- gagee, or lessee is not bound to inquire into or determine TORRENS LAND SYSTEM. 1407 whether or not the acts of such trustee are in accordance with the terms and conditions of the trust. When such power is conferred, the registrar shall note upon the certificate and duplicate thereof the words "with power of sale." No trustee, with limitation, shall sell without order of court to sell. Sec. 69. If, however, such instrument does not contain the words "with power of sale," such trustee shall have no power to sell or otherwise deal with the land without an order of coui't so to do, duly given and made, a certified copy of which said order shall be filed with the registrar, and a memorial thereof entered upon the certificate of title, which shall be conclusive evidence as against all persons that the authority of such trustee was duly executed in accordance with the true intent and meaning of the trust, condition, or limitation. Trustee under will shall have power to sell unless it be withheld. Sec. 70. A trustee under any will admitted to probate, unless such power shall have been expressly withheld by the terms of such will, shall have power to deal with any registered land held by him in trust as fully in every respect as if such lands belonged to him individually. Estates in Probate, in Insolvency, and in Equity Proceed- ings. Existing statutes governing probate, insolvency, and equity proceedings, not affected. Sec. 71. The distribution, transfer, leasing, mortgaging, or other change in the status of the title of registered land that is within the jurisdiction of any court by reason of the pendency of probate, insolvency, or equity proceedings, shall be made under the same conditions and limitations as now or hereafter provided by the law of this state. Orders of sale, decrees of distribution, etc., to contain direction to registrar. Sec. 72. The court in its order or decree making such distribution, transfer, leasing, mortgaging, or other change in the status of the title of registered land, shall direct the registrar to issue a certificate of title, or to note a me- 140S TORRBNS LAND SYSTEM. morial of the transaction, as the case may require, in ac- cordance with such order or decree. Certified copy of order, decree, deed, and confirmation to be filed with registrar. Sec. 73. The executor, administrator, assignee, re- ceiver, or other person acting under the direction of said court, shall file with the registrar a certified copy of such order or decree, also the deed, lease, mortgage, or other instrument executed in accordance with such order or decree, and also a certified copy of the order or decree confirming such sale, lease, mortgage, or other trans- action, when such confirmation is required by law. Order of court necessary for sale of land of insolvent and probate estates; confirmation and issuance of cer- tificates thereof. Sec. 74. Executors, administrators, and assignees in insolvency shall have no power of sale of lands registered in their names as such, without an order of court obtained for that purpose. Before any certificate can be issued to the purchaser, such sales shall be reported for confirm- ation to the court under whose authority such executor, administrator, or assignee is acting, and if confirmed a duly certified copy of the order of confirmation shall be filed in the office of the registrar, and a memorial thereof entered upon the certificate of title. Upon the filing of the certified copy of such order of confirmation and the entry of such memorial, the registrar shall issue a certi- ficate to the purchaser at such sale, which certificate, in addition to the usual contents thereof, shall refer to the said order of confirmation. Such order of confirmation shall be conclusive evidence that the sale was in all re- spects conducted in accordance with law, and the pur- chaser shall not be bound to inquire into the regularity of the proceeding, or power of the executor or administrator to make such sale. Power of sale of executor to be noted. Sec. 75. If a testator, by his will, has provided that the executor thereof shall have a power of sale of real estate, the court shall direct the registrar to register the words "with power of sale," in respect of the land of the deceased, and such executor shall have power to sell such land without an order of court so to do, but such TGHllENS LAND SYSTEM. 1409 sales must be confirmed by the court in the manner now or hereafter provided by the law of this state, and a duly certified copy of the order of such confirmation shall be filed with the registrar before any certificate of title can be issued to the purchaser of such land. Registrar to issue certificate or note memorial; such to be conclusive. Sec. 76. Thereupon the registrar shall issue the certi- ficate of title, or note the memorial, as the case may re- quire; and such certificate of title or memorial noted shall be conclusive evidence in favor of all persons there- after dealing with said land. Tax Sales. Notice of purchase to be filed and mailed. Sec. 77. A purchaser of registered land sold for any tax or assessment, shall, within one day after such pur- chase, file in the office of the registrar a written notice of such purchase. And thereupon the registrar shall enter a memorial thereof upon the certificate of title, and shall mail to each person named in the certificate, or in the memorials thereon, a copy of said notice, a sufficient num- ber of said copies to be furnished to the registrar by said purchaser at the time of filing said notice. In case the state or a municipal corporation becomes the purchaser of land sold for any tax or assessment, the tax collector shall, within one day thereafter, file with the registrar a notice to that effect. And thereupon the registrar shall enter a memorial thereof upon the register, and shall mail notices to interested parties, as in the case of an individual purchaser. Unless such notice is given as herein provided, the land shall be forever released from the effect of such sale, and no deed shall be issued in pursuance thereof. Tax deed already issued must be registered. Sec. 78. A tax deed of registered land, or of any estate or interest therein, issued in pursuance of any sale for a tax or assessment made after the taking effect of this act, may be presented by the holder thereof to the regis- trar, who shall thereupon enter upon the register a me- morial of such deed; but such deed, unless the same shall have been issued to the state, shall have only the effect of an agreement for the transfer of the title, and before 1410 TORRENS LAND SYSTEM. any certificate of title shall be issued for the land de- scribed in such deed, the holder thereof must file with the clerk of the superior court an application for a decree showing the title to said land to be vested in him. Interested persons must be made parties to said applica- tion. Sec. 79. All persons appearing upon the register to be interested in said land, and also the person who appears, by the tax collector's books to have paid the tax or assessment last paid before the sale on which the deed is issued, shall be notified; and any person claiming an interest in the land may, upon the hearing of such appli- cation, show, as cause why a certificate of title should not issue to the holder of said deed, any fact that might be shown in law or in equity on his behalf to set aside such tax deed, and the applicant shall be required to show aflarmatively that all the requirements of the statute to entitle him to a deed have been complied with. Decree shall be given showing condition of title. Sec. 80. Such application shall be heard by the court, which shall render a decree showing the condition of the title to such land, and who is the owner thereof, and upon presentation to him, of a duly certified copy of such decree, the registrar shall issue a certificate for said land in accordance with the terms and conditions of said decree. Tax deed to state conclusive. Sec. 81. In case a tax deed of registered land is issued to the state or any municipal corporation, in pursuance of any sale for a tax or assessment made after the taking effect of this act, the registrar shall, upon the filing of such deed in his office, cancel the certificate for the land in said deed described, and issue a new certificate to the state therefor. Notice to be personal or by mail and publication. Sec. 82. The notice required in section eighty shall be given upon all persons residing in the state by personal service, and upon all persons living out of the state by mail and by publication in the manner now or hereafter required by the laws of this state in an action to quiet title. If such personal service be made by a sheriff or TORRENS LAND SYSTEM. 1411 constable, his certificate, and if by any other person, his affidavit, shall be sulficient proof thereof. In case the place of residence of any person is not known to the registrar or the holder of such deed, notice shall be given by publication in a newspaper of general circulation in the county in which the land is situated, at least once a week for four consecutive weeks. Proof of such publica- tion must be made in the manner now or hereafter re- quired by the laws of this state. On redemption, memorial to be canceled. Sec. 83. Upon presentation to him of a certificate of redemption from any tax sale, the registi'ar shall cancel the memorial of said sale upon the certificate of title. Partition and Judicial Sales. All parties noted on register must be parties. Sec. 84. In proceedings for partition of registered land, proof must be made that all persons, shown by the register of title to be interested in the land, have been made parties to such proceeding. Decree must be filed before certificate issued. Sec. 85. On confirmation of the report of the commis- sioners setting off registered lands in proceedings for partition, it shall be the duty of the parties to whom the lands are allotted, to cause a certified copy of the judg- ment or decree to be filed with the registrar. Thereupon the registrar shall transfer the same upon the register, and issue certificates of title to the persons entitled thereto, as shown by said decree, "When sale ordered, purchaser must file copy of decree. Sec. 86. Whenever, in proceedings for partition of reg- istered land, the court shall order a sale of such land, and the same is sold under such order, the purchaser shall file v/ith the registrar a certified copy of the order confirming said sale, together with certificate of the oflicer holding the writ, that the terms of the sale have been complied with. Thereupon, the registrar shall transfer said land upon the register, and issue a certificate of title to the purchaser, therefor. When mortgage on undivided share, lien attaches only to lands set off to mortgagor. Sec. 87. When a tenant in rnrnmon has given any 1412 TORRENS LAND SYSTEM. mortgage, or granted any other lien or interest upon his un- divided interest, and the same is set off in severalty in proceedings for partition, such mortgage, lien, or other interest shall attach only to the lands so set off, and the registrar shall note the same upon a new register of title, and a new certificate of title, and shall indorse a memo- randum of the partition upon the instrument creating such lien, mortgage, or other interest, if the same be on file in his office, before a new certificate of title shall be issued therefor. Purchaser at judicial sale must file certified copy of order confirming sale. Sec. 88. Whenever registered land shall be sold to sat- isfy any judgment, decree, or order of court, the pur- chaser shall file with the registrar a duly certified copy of the order of sale, or of the order confirming such sale, when the same needs to be confirmed by the court, and also the certificate, if anj% of the officer, that the terms of sale have been complied with, and thereupon the regis- trar shall transfer the land to him, and issue a new certi- ficate of title therefor to said purchaser. Lis Pendens; Notice of Action. Notice to affect registered land must be filed with registrar. Sec. 89. No suit, bill, or proceeding at law or in equity for any purpose whatever, aflecting registered land, or any estate or interest therein, or any charge upon the same, shall be deemed to be lis pendens or notice to any person dealing with the same until notice of the pendency of such suit, bill, or proceeding shall be filed with the registrar and a memorial thereof entered by him upon the register of the last certificate of the title to be affected; provided, however, this section shall not apply to attachment proceedings when the officer making the levy shall file his certificate as hereinafter provided. When suit, etc., dismissed, certificate of dismissal or release must be filed with registrar. Sec. 90. When any suit, bill, or proceeding affecting registered lands has been dismissed or otherwise disposed of, or any judgment, decree, or order has been satisfied, released, reversed, or modified, or any levy of execution, attachment, or other process has been released, dis- charged, or otherwise disposed of, it shall be the duty of TORRENS LAND SYSTEM. 1413 the sheriff, or the clerk of the court in which such pro- ceedings were pending, or had, as the case may be, forthwith, under his hand, and, if the clerk, under the seal of the court, to certify to and file with the registrar, an instrument showing such discharge or release. Upon the same being filed, the registrar shall enter a memorial of such discharge on the register. The costs of such certificate and memorial shall be taxed as other costs in the case. Liens, Executions, Attachments, etc. Certified copy of judgment or decree must be filed. Sec. 91. No judgment, or decree, or order of any court shall be a lien on or in anywise affect registered land, or any estate or interest therein, until a certified copy of such judgment, decree, or order, under the hand and ofiicial seal of the clerk of the court in which the same is of record, is filed in the office of the registrar, and a memorial of the same is entered upon the register of the last certificate of the title to be affected. Certificate of levy of attachment, or execution, must be filed. Sec. 92. Whenever registered land is levied upon by virtue of any writ of attachment, execution, or other process, it shall be the duty of the ofQcer making such levy forthwith to file with the registrar a certificate of the fact of such levy, a memorial of which shall be entered upon the register; and no lien shall arise by reason of such levy until the filing of such certificate and the entry in the register of such memorial, any notice thereof, actual or constructive, to the contrary notwithstanding. Notice of mechanics' liens must be filed. Sec. 93. Notice of liens under the provisions of the mechanics' lien laws of this state shall be filed in the regis- trar's office, and a memorial thereof entered by him upon the register, as in the case of other charges, and such liens may be enforced as now or hereafter allowed by law. Until such notice is so filed and registered, no lien snail be deemed to have been created. Notice of asessments for street improvements, sewers, etc., must be filed by clerk. Sec. 94. When in a city, town, or county, an ordinance, 1414 TORRENS LAND SYSTEM. resolution, or order is passed or made, to lay out, establish, alter, widen, grade, regrade, relocate, or construct or repair a street, sidewalk, drain or sewer, or to make any other public improvement, or to do any work, the whole or a portion of the expense for which assessments may be made upon real estate, if any registered land or any land included in an application for registration then pend- ing is affected by the act or proceeding and liable to such assessment, the clerk of the board passing such ordinance, resolution, or order shall, within five days after the passage of such ordinance, resolution, or order, file in the registrar's office a notice of the passage thereof, and a memorial shall thereupon be noted on the register. In case of the repeal of such ordinance, resolution, or order, the clerk of said board, and in case of the satisfaction of any lien thereunder, the superintendent of streets or other officer required by law to collect and receive such assess- ments, shall, within five days thereafter, notify the regis- trar, who shall thereupon cancel such memorial. No notice necessary in case of lien for labor performed for corporation not complying with law. Sec. 95. No statutory or other lien shall be deemed to affect the title to registered land until after a memorial thereof is entered upon the register, as herein provided, except in cases of liens for labor performed for a cor- poration, as provided in the act of the legislature of the state of California, approved March thirty-first, eighteen hundred and ninety-one. Clerk of court may file certificate of dismissal of suit or satisfaction of judgment. Sec. 96. The certificate of the clerk of the court in which any suit, bill, or proceeding shall have been pend- ing, or any judgment or decree is of record, that such suit, bill, or proceeding has been dismissed or otherwise dis- posed of, or the judgment, decree, or order has been satis- fied, released, reversed, or overruled, or of any sheriff or other officer that the levy of any execution, attachment, or other process certified by him has been released, dis- charged, or otherwise disposed of, being filed in the regis- trar's office and noted upon the register, shall be sufficient to authorize the registrar to cancel or otherwise treat the memorial of such suit, bill, proceeding, judgment, TORRENS LAND SYSTEM. 1415 decree, or levy, according to the purport of such certi- ficate. Corrections of Errors in Certificate. No correction of register without order of court. Sec. 97. After a title has been registered and a certifi- cate issued therefor, or after a memorandum, notation, or memorial has been made on the register of title and has been attested, no correction, alteration, or erasure shall be made therein or thereof, except in the manner herein provided. Registrar may apply to court for correction of errors or mistakes in cei'tificate. Sec. 98. Whenever it appears to the registrar that there is an error or omission in any certificate or memorial, or that any certificate or memorial has been made, entered, indorsed, issued, or canceled by mistake, he may apply to the court for an order summoning all persons registered as interested in the lands to which such certificate or memo- rial relates, to appear at an appointed time and place and produce their duplicate certificates and show cause why such omission or mistake should not be corrected, and shall thereupon enter a memorial of such application on the register. If all parties consent, court may order correction of errors or mistakes. Sec. 99. If at the time and place appointed all such persons appear and consent, the court may order and direct the registrar to correct any such error, omission, or mis- take on the register and on any duplicate certificate, and may direct the cancellation of any certificate or memorial entered by mistake. If all parties do not consent, court may hear testimony as to alleged error or mistake. Sec. 100. If such persons, or any of them, fail to ap- pear, or do not consent, the court may proceed to hear testimony as to such alleged error, omission, or mistake, and if it appear to the satisfaction of the court that an error, omission, or mistake has been made, he shall order and direct the registrar to correct the same and to cancel or modify such certificates or memorials as may 1416 TORRENS LAND SYSTEM. be necessary to correct such error or mistake. When such error or mistake has been caused by the fault or neglect of the registrar, the costs of such proceedings shall be paid by the state; if by the fault of any person registered as in- terested in such land, by such person. A certified copy of the order of court, directing the correction of any error, omission, or mistake in respect to any certificate or memo- rial, shall be filed in the registrar's office before such cor- rection shall be entered or made. Eminent Domain. Right of eminent domain not affected. Sec. 101. Nothing in this act shall be construed to in anywise affect or modify the exercise of the right of emi- nent domain. When any suit or proceeding shall have been bi'ought in the exercise of such right for the taking of regis- tered land, or any interest therein, or to test the validity of any such taking, or to ascertain and establish the amount of damage by reason of any such taking, it shall be the duty of both parties to the proceeding to see that a certified copy of the judgment or decree therein is duly filed and a memorial thereof entered upon the register; but in the case of the assessment of damages, no such memorial shall be entered by the registrar until such damages have been paid, in which event the register shall also show the paj'- ment of such damages; provided, however, that the de- posit with the treasurer, as allowed by law, of such dam- ages, shall be deemed a payment thereof, and in such case the treasurer shall forthwith file with the registrar a certificate of such deposit, and thereupon a memorial thereof shall be entered upon the register. Upon the fil- ing of the certified copy of the order or decree of the court and the payment of damages, the registrar shall note on the register of title of the owners whose lands have been appropriated, a description of the land so ap- propriated, and shall register in the name of the person, corporation, or other body entitled thereto, the title of the land taken, and issue a certificate therefor. Indices. Property indices to be kept. Sec. 102. The registrar sl^all keep property indices, the pages of which shall be divided into columns, showing TORRENS LAND SYSTEM. 1417 first, the section or subdivision; second, the range or block; third, the township or lot; fourth, any further description necessary to identify the land; fifth, the name of the registered owner; sixth, the volume; and seventh, the page of the register in which the lands are registered. Name indices to be kept. Sec. 103. He shall also keep name indices, the pages of which shall be divided into columns, showing in alpha- betical order, first, the names of all regi&tered owners and all other persons interested in or holding charges upon registered land; second, the nature of the interest; third, a brief description of the land; fourth, the volume; and fifth, the page of the register in which the lands are registered. Miscellaneous Provisions. Registered lands may be partitioned. Sec. 104. An owner of an undivided interest in regis- tered lands may bring an action for the partition thereof. A notice of such action shall, at the time of the commence- ment thereof, be filed with the registrar and a memorial entered by him upon the register. A certified copy of any judgment or decree rendered in pursuance of such ac- tion shall be filed with the registrar, who shall there- upon issue new certificates in accordance therewith. Registration of adverse lien not conclusive of regularity of proceedings or instruments by which created. Sec. 105. Whenever, under the provisions of this act, any interest in, or lien, incumbrance, or charge upon regis- tered land, arises adversely to the registered owner with- out voluntary action by him, and not in pursuance of a judgment or decree of court, such registration shall not be conclusive of the regularity of any proceedings or in- struments by means of which such interest, lien, incum- brance, or charge arose, or the validity of the same, and shall have no greater force and effect than would the re- cording, in case the land were not registered, of an in- strument creating a similar interest, lien, incumbrance, or charge. In case of fraud, rights and remedies the same as if land not under this act. Sec. 106. In the case of fraud, any person defrauded Gen. Laws— 60 1418 TORRENS LAND SYSTEM. shall have all rights and remedies that he would have had if the lands were not under the provisions of this act; provided, that nothing contained in this section shall affect the title of a registered owner who has taken bona fide for a valuable consideration, or of any person bona fide claim- ing through or under him. Clerk of court shall notify registrar of appeal. Sec. 107. In case of an appeal from any proceeding xm- der this act, or from any judgment, order, or decree affect- ing registered lands, the clerk of the court in which the notice of appeal is filed shall forthwith notify the regis- trar thereof, and thereupon the registrar shall enter upon the register a memorial of such appeal. All fees collected by registrar to be paid to county treas- urer and applied to expenses of administration of this act. Sec. 108. All fees collected by the registrar under the provisions of this act shall be accounted for, paid, dis- bursed, and disposed of by him in the same manner that fees collected by him as county recorder are now or may hereafter be by law accounted for, paid, disbursed and disposed of. Should there be a surplus in any year, such surplus shall be carried into the general fund, and be sub- ject to appropriation for any purpose. In case such fees shall not amount to the sum required for the administration of this act, the deficiency shall be paid from any funds in the treasury not otherwise appropriated. Board of supervisors shall furnish registrar all necessary books, etc. Sec. 109. All books, blanks, papers, and all things neces- sary for the purpose of carrying out the provisions of this act, shall be furnished by the board of supervisors, at the expense of the county. The attorney-general, state controller, and secretary of state to prepare forms. Sec. 110. The attorney-general, state controller, and sec- retary of state shall prepare a uniform system of books, blanks, and forms for the use of the public oflicers required to perform duties under this act. and such forms, and none other, shall be used by such officers. TORRENS LAND SYSTEM. 1419 Penalties. Fraudulent procurement of certificate, a felony. Sec. 111. Whoever fraudulently procures, assists In fraudulently procuring, or is privy to the fraudulent pro- curement of any certificate of title or other instrument, or of any entry in the register or other book kept in the registrar's office, or of any erasure or alteration in any entry in any said book, or in any instrument authorized by this act, or knowingly defrauds or is privy to defraud- ing any person by means of a false or fraudulent instru- ment, certificate, statement, or affidavit affecting registered land, shall be guilty of a felony, and fined not exceeding five thousand dollars, or be imprisoned not exceeding five years nor less than one year, or either, or both, in the discretion of the court. Forgery of seal, signature, or instrument in registrar's of- fice, a felony. Sec. 112. Whoever (1) forges, or procures to be forged, or assists in forging the seal of the registrar, or the name, signature, or handwriting of any oificer of the registry office in cases where such officer is expressly or impliedly authorized to affix his signature; or (2) fraudu- lently stamps, or procures to be stamped, or assists in stamping any document with any forged seal of said regis- trar; or (3) forges, or procures to be forged, or assists in forging the name, signature, or handwriting of any per- son whomsoever to any instrument which is expressly or impliedly authorized to be signed by such person; or (4) uses any document upon which any impression, or part of the impression, of any seal of said registrar has been forged, knowing the same to have been forged, or any docu- ment, the signature to which has been forged, knowing the same to have been forged; or (5) swears falsely con- cerning any matter or procedure made and done in pur- suance of this act, shall be guilty of a felony, and impris- oned not exceeding ten years, nor less than one year, or fined not exceeding five thousand dollars, or both fined and imprisoned, in the discretion of the court. No proceeding or conviction under this act sball affect any remedy at law or in equity. Sec. 113. No proceeding or conviction for any act here- by declared to be a misdemeanor or a felony shall affect 1420 TORRENS LAND SYSTEM. any remedy which any person aggrieved or injured by such act may be entitled to at law or in equity against the per- son who has committed such act, or against his estate, or against the registrar, or upon his bond. Fees. Fees same as in similar cases under present laws, except as provided herein. Sec. 114. First — The fees, in respect of applications and proceedings under them prior to registration, shall be the same as in actions in the superior court. Second — There shall be paid to the registrar: For issuing a certificate of title, including one duplicate thereof, one dollar and fifty cents. For each additional duplicate, fifty cents. For registering each transfer, including the issue and registration of the new certificate, one dollar and fifty cents. For entry of each memorial on the register, including the indorsement upon the duplicate certificates, one dollar. For the cancellation of each certificate, memorial, or charge, twenty-five cents. For each certificate showing condition of register, one dol- lar and fifty cents. For filing any instrument, or for a certified copy of the register, or of any instrument or writing on file in his office, the same fees allowed by law to recorders for like services. Construction. Act to be liberally construed. Construction of similar legislation elsewhere, not adopted. Sec. 115. This act shall be construed liberally so far as may be necessary for the purpose of effecting its general intent, but does not adopt by implication the construction of any similar legislation of other jurisdictions which this act may to any extent have followed. Act to take effect July 1, 1897. Sec. 116. This act shall take effect and be in force from and after the first day of July, eighteen hundred and ninety- seven. TRADEMARKS— TREASURERS. 1421 TITLE 501. ACT 4120. TRADEMARKS. Concerning trademarks and tradenames. [Stats. 1863, p. 155.] Amended 1867-8, 423. Superseded by Penal Code, sec. 350, and Political Code, sees. 3196-3199. ACT 4121. To protect owners of bottles, boxes, siphons and kegs nsed in the sale of soda waters, mineral waters, porter, ale, cider, milk, beer, and other beverages, etc. [Stats. 1891, p. 217.] Amended 1903, 83. This act appears in full in Civil Code, Appendix, p. 775. TITLE 502. .^™, ^-.oB TRAINING-SHIP. ACT 412S. ^ To establish and maintain a training-ship in the city and county of San Francisco. [Approved February 15, 1876; Stats. 1875-6, p. 54.] Amended 1877-8, 233. TITLE 503. ACT 4130 TRAMROAD COMPANIES. Shasta County, providing for incorporation of tramroad companies in. [Stats. 1871-2, p. 800.J TITLE 504. TREASURERS. ACT 4135. Relating to treasurers, their deputies and clerks, In coun- ties and cities and counties having a population of two hundred thousand inhabitants or over. [Stats. 1893, p. 282.] Superseded as to San Francisco by the charter of that city. This act appears in full in Political Code. Appendix, p. 1114. ACT 4136. Authorizing the state treasurer to pay controller's war- rants drawn for the salaries of public officers who are entitled to monthly payments from the state. [Stats. 1873-4, p. 593.] 1422 TRESPASS— TRINITY COUNTY. ACT 4137. For the better protection of the state treasury. [Stats. 1S67-8, p. 554.] This act authorized the state treasurer to employ two watch- men. The code commissioners say of it : "Doubtless superseded by sec. 457, Pol. Code, but nevertheless amended by statute of 1895, p. 55, chap. LIV." ACT 413S. To provide an additional watchman for the state treasurer. [Stats. 1895, p. 55.] "Purports to amend statute of 1868, 554, chap. CDXXXI, which statute was, however, superseded by Political Code, sec. 457." — Code Commissioners' note. ACT 4139. Increasing number of deputies for limited period. [Ap- proved March 16, 1889. Stats. 1889, p. 303.] Repealed March 26, 1895, Stats. 1895, p. 88. TITLE 505. ACT 4144. TRESPASS. Preventing persons passing through inclosures and leaving them open, and tearing down fences to make passages through inclosures. [Stats. 1871-2, p. 384.] See sec. 7, 1875-6. 40S ; 1877-8, 49, 776. TRESPASSING ANIMALS. See Estrays. TITLE 506. ACT 4149. TRINITY COUNTY. Additional contingent fund for. [Stats. 1877-8, p. 184.] Repealed by subd. IS, sec. 25, County Government Act, 1897, 463. ACT 4150. Providing for construction and maintenance of free bridges in. [Stats. 1873-4, p. 62.] ACT 4151. County clerk of, salary of. [Stats. 1873-4, p. 184.] Repealed by County Government Acts, see 1897, 568, sec 210. TRUSTS. 1423 ACT 4153. Authorizing transcribing of records in. [Stats. 1862, p. 164.J Amended 1863, 22, ACT 4153. Public schools of, employment of teachers in. [Stats. 1873- 4, p. 472.] Amended 1875-6, 122. Probably repealed by Political Code, sec. 1696, as amended 1893, 255. ACT 4154. Supervisors to fix and pay compensation of under-sheriff of. [Stats. 1873-4, p. 593.] Superseded by County Government Acts, see 1897, 568, sec. 210. ACT 4155. Fixing salary of members of board of supervisors. [Stats. 1871-2, p. 380.] Repealed by County Government Act, 1897, 568, sec. 210. ACT 4156. Supervisors to fix rate of tolls to be charged on wagon roads. [Stats. 1873-4, p. 607.] See County Government Act, 1897, 452, sec. 25, subd. 36. TITLE 507. ACT 4161. TRUSTS. To provide for the more certain execution of express trusts in case of the death of the last surviving trustee. [Stats. 1867-8, p. 170.] Superseded by Civil Code. sees. 2287-2289. ACT 4162. An act to encourage and provide for the dissemination of a knowledge of the arts, sciences, and general litera- ture, and the founding, maintaining, and perpetuating public libraries, museums, and galleries of art, and the receipt of donations and contributions thereto when established; for the conveyance, holding, and protec- tion of real property within this state suitable for the purposes herein designated, and the erection there- on of buildings appropriate to such purposes, and fop 1424 TRUSTS, the creation of trusts necessary or proper for the bet- ter preservation of such institutions, and the control and management thereof. [Approved March 5, 1887. Stats. 1887, p. 26.] Manner of conveying gifts for dissemination of linowledge of arts, etc. Section 1. Any person intending in his lifetime or by will or trust deed, to operate after his death, to found, maintain, and perpetuate in this state a public library, museum, gallery of art, or any or all thereof, for the diffusion of mechanical, scientific, artistic, and general knowledge, may to that end and for such purpose, and for any purpose within the purview of the title of this act, convey in writing by words denoting a gift or grant to one or more trustees named in such gift or grant, and to their successors, any library or collection of books and works for such public library, or any museum, or gallery of art in this state, and such gift or grant may also express and shall be construed to be a conveyance of the future additions and accretions thereof; and he may also in like manner, to that end, and for such purpose, convey by grant to such trustee or trustees any real property within this state belonging to him, which may be necessarj' or proper for the erection and maintenance of buildings suit- able to such institution, and the buildings erected thereon, with grounds, conveniently adjacent thereto, and other lands, tenements, and hereditaments for the purpose of pro- ducing an income for the support and maintenance of such institutions, or any of them, and any collateral burdens whi?h may be imposed by the terms of such foundation as part and parcel of the regulations for its conduct, and also personal property of all descriptions, which may subserve the purposes of the institution and maintenance of any such library, museum, or gallery of art. Gifts by other than founder. Sec. 2. Any contributions or gifts t, siny other per- son than the founder, of any property suitable to the gen- eral plan or support of any institution mentioned in the title of this act, shall immediately vest in the trustees, and oecome incorporated into and subject to the trust, and to all its terms and conditions, and be managed under the rules and regulations prescribed therefor. TRUSTS. 1425 Sec. 3. The person making such gift, grant, or convey- ance, as founder, may therein designate, — 1. The name by which the institution so founded and maintained shall be known. 2. Its nature, object, and purposes. 3. The powers and duties of the trustees, which shall not be exclusive of other powers and duties that, in their judgment, may be necessary more effectually to carry out the purposes of such institution. 4. The mode and manner and by whom the successors to the trustees named in the gift or grant shall be ap- pointed. 5. Such rules and regulations for the management of such institution, and the furtherance of its purposes, as tae grantor may elect to prescribe; but such rules and regu- lations shall, unless the grant shall otherwise prescribe, be deemed advisory only, and shall not preclude such trus- tees or their successors from making such changes as new conditions may, from time to time, require. 6. The place or places where the necessary buildings shall be erected, and the general character thereof. The person making such grant may therein provide for all other things necessary or proper to carry out the purposes thereof, or otherwise, by his last will or testament. Sec. 4, The trustees named in such gift or grant, and their successors, may, in the name of such institution desig- nated in the gift or grant, sue and defend in relation to the trust property, and to all matters affecting the institution so founded and established. Privileges granted to founder. Sec. 5. By a provision in such gift or grant, the founder may elect, in respect to the personal and real property conveyed, and the additions and increase thereof, and in respect to the erection, maintenance, and management of any buildings auxiliary thereto, and in respect to any prop- erty connected with such institution, to reserve to himself a veto and right of annulment or modification of any act of such trustees, in case he shall, within thirty days after notice of the performance of such act, file in the oflice of said trustees, or deliver to their president or principal officer, a notice in writing, of such veto, annulment, or modification, and upon a like notice, in conformity with a 1426 TRUSTS. provision in such gift or grant, he may elect to perform during his life all the powers which, by the terms thereof, are vested in or enjoined upon the trustees therein named, and their successors; provided, that upon the death or dis- ability to act of the founder and gi'antor, such powers and duties shall be devolved upon, and be exercised by, the trustees named in the gift or grant, and their successors. Such person may also reserve the right to alter, amend, or modify, at any time during his life, or by his last will and testament, the terms and conditions thereof, and the trusts therein created in respect to such institution, its buildings, and the property conveyed therefor. Election of officers and compensation. Sec. 6. The founder shall have power in said deed of trust to name and describe the character and personality of any one or more of the immediate or future trustees, the librarian, and other officers, and to name and impose any particular duty to be performed by any one or more trustees or other officers so described and characterized, and to declare and limit any compensation, and fix the character and method of such compensation he may choose to provide for any such trustee or other officer whom the terms of his foundation may characterize, and upon whom specific or general duties shall be imposed. Gift, how recorded. Sec. 7. Any such gift or grant may be executed, ac- knowledged, and recorded in the manner now or here- after provided by law for the execution, acknowledgment, and recording of grants of real property. Time of commencing suit. Sec. 8. No suit, action, or proceeding shall be com- menced or maintained by any person to set aside, annul, or affect said gift, grant, or conveyance, or to affect the title to the property conveyed, or the right to the posses- sion or to the rents, issues, and profits thereof, unless the same be commenced within two years after the date of the filing of such grant for record. Founder may bequeath to state of California. Sec. 9. Any person, being the founder, making a gift or grant for any of the purposes mentioned in this act, may, at any time thereafter, by last will or testament, devise or bequeath to the state of California all or any of the TRUSTS. 1427 property, real, and personal, mentioned in such gift or grant, or in any such supplemental thereto, and such de- vise or bequest shall take effect in case, from any cause whatever, the gift or grant shall be annulled or set aside, or the trusts therein declared shall for any reason fail. Such devise or bequest is hereby suffered to be made by way of assurance that the intentions of the grantor shall be carried out, and in the faith that the state, in case it shall succeed to the property, or any part thereof, will, to the extent and value of such property carry out, in respect to the objects and purposes of any such grant, all the wishes and intentions of the grantor. Liberal construction of provisions. Sec. 10. The provisions of this act shall be liberally con- strued, with a view to effect its objects and t)urposes, and the singular number in the construction thereof shall be deemed to include the plural, and the plural number shall be deemed to include the singular. Universities, colleges, schools, etc. Sec. 11. Nothing in this act shall repeal, modify, change, or have any effect upon any of the provisions of an act of the legislature of the state of California entitled "Aa act to advance learning, the arts and sciences, and to promote the public welfare by providing for the convey- ance, holding, and protection of property, and the creation of trusts for the funding, endowment, erection, and mainte- nance, within this state, of universities, colleges, schools, seminaries of learning, mechanical institutes, museums, and galleries of art," approved March ninth, eighteen hun- dred and eighty-five. Sec. 12. This act shall take effect immediately. ACT 4163. An act to advance learning, the arts and sciences, and to promote the public welfare, by providing for the con- veyance, holding, and protection of property, and the creation of trusts for the founding, endowment, erec- tion, and maintenance within this state of universities, colleges, schools, seminaries of learning, mechanical institutes, museums, and galleries of art. [Approved March 9, 1885. Stats. 1885, p. 49.] Amended 1891, 454. Supplemented 1903, 140. See next act. Cal.Rep.Cit. 113, 134 ; 113, 139, 1428 TRUSTS. Construction of act. Section 1. The provisions of this act shall be liberally construed with a view to effect its objects and promote its purposes; and in the construction thereof the singular number shall be deemed to include the plural, and the plural shall be deemed to include the singular number, and the masculine gender shall be deemed to include the femi- nine. Grant. Sec. 2. Any person desiring in his lifetime to promote the public -welfare by founding, endowing, and maintain- [ing] within this state a university, college, school, semi- nary of learning, mechanical institute, museum, botanic garden, public park, or gallery of art, or any or all thereof, may, to the end and for such purpose, by grant in writing convey to a trustee, or any number of trustees, named in such grant (and to their successors), any property, real or personal, belonging to such person and situated or being within this state; provided, that if such person be mar- ried and the property be community property, then both husband and wife must join in such grant. [Amendment approved March 31, 1891. Stats. 1891, p. 454.] Requisites. Sec. 3. The person making such grant may therein desig- nate: 1. The nature, object, and purposes of the institution or institutions to be founded, endowed, and maintained; 2. The name by which it or they shall be known; 3. The powers and duties of the trustees, and the man- ner in which they shall account, and to whom, if account- ing be required; but such powers and duties shall not be held to be exclusive of other powers and duties which may be necessary to enable such trustees to fully carry out the objects of such grant; 4. The mode and manner, and by whom, the successors to the trustee or trustees named in the grant are to be appointed ; 5. Such rules and regulations for the management of the property conveyed as the grantor may elect to prescribe; but such rules shall, unless the grantor otherwise pre- scribe, be deemed advisory only, and shall not preclude TRUSTS. 1429 sucli trustees from making suchi changes as new conditions may from time to time require; 6. The place or places where and the time when the buildings necessary and proper for the institution or in- stitutions shall be erected, and the character and extent thereof. The person making such grant may therein pro- vide for all other things necessary and proper to carry out the purposes thereof, and especially may such person provide for the trades and professions which shall be taught in such institutions, and the terms upon which deserving scholars of the public and private schools of the various counties of this state may be admitted to all the privileges of such institutions, as a reward for meritorious conduct and good scholarship; and also for maintaining free scholarships for children of persons who have ren- dered service to or who have died in the service of this state; and also for maintaining free scholarships for children of mechanics, tradesmen, and laborers, who have died without leaving means sufficient to give such children a practical education, fitting them for the useful trades or arts; and also the terms and conditions upon which students in the public and private schools, and other deserving persons, may, without cost to themselves, attend the lectures of any imiversity established; and also the terms and conditions upon which the museums, and art galleries, and conservatories of music, connected with any such institution, shall be open to all deserving persons without charge, and without their becoming students of the institution. Actions by trustees. Sec. 4. The trustee or trustees named in such grant, and their successors, may, in the name of the institution or in- stitutions, as designated in such grant, sue and defend, in relation to the trust property, and in relation to all mat- ters affecting the institution or institutions endowed and established by such grant. Grantor as trustee. Sec. 5. The person making such grant, by a provision therein, may elect, in relation to the property conveyed, and in relation to the erection, maintenance, and manage- ment of such institution or institutions, to perform, during his life, all the duties and exercise all the powers which. X430 TRUSTS. by the terms of the grant, are enjoined upon and vested in the trustee or trustees named. If the person making such, grant, and making the election aforesaid, be a married per- son, such person may further provide that if the wife of such person survive him, then such wife, during her life, may, in relation to the property conveyed, and in relation to the erection, maintenance, and management of such institu- tion or institutions, perform all the duties and exercise all the powers which, by the terms of the grant, are enjoined upon and vested in the trustee and trustees therein named, and in all such cases the powers and duties conferred and imposed by such grant upon the trustee or trustees therein named shall be exercised and performed by the person making such grant, or by his v/ife, during his or her life, as the case may be; provided, however, that upon the death of such person, or his surviving wife, as the case may be, such powers and duties shall devolve upon and shall be exercised by the trustees named in the grant, and their successors. Amending grant. Sec. 6. The person making such grant may therein re- serve the right to alter, amend, or modify the terms and conditions thereof, and the trusts therein created, in re- spect to any of the matters mentioned or referred to in sub- divisions one to six, inclusive, of section two hereof; and may also therein reserve the right, during the life of such person or persons, of absolute dominion over the personal property conveyed, and also over the rents, issues, and profits of the real property conveyed, without liability to account therefor in any manner whatever, and without any liability over against the estate of such person; and if any such person be married, such person may, in said grant, further provide that if his wife survive him, then such wife, during her life, may have the same absolute do- minion over such personal property, and such rents, issues, and profits, without liability to account therefor in any manner whatever, and without liability over against the estate of either of the spouses. Custody of minors. Sec. 7. The person making such grant may therein provide that the trustees named in the grant, and their successors, may, in the name of the institution or institu- TRUSTS. 1431 tions, 136001316 the custodian of the person of minors, and when any such provision is made in a grant, the trustees and their successors may take such custody and control in the manner and for the time and in accordance with the provisions of sections two hundred and sixty-four to two hundred and seventy-six, inclusive, of the Civil Code of the state of California. Execution of grant. Sec. 8. Any such grant may be executed, acknowledged, and recorded in the same manner as is now provided by law for the execution, acknowledgment, and recording of grants of real property. Annulling grant. Sec. 9. No suit, action, or proceeding shall be com- menced or maintained by any person to set aside, annul, or affect said conveyance, or to affect the title to the prop- erty conveyed, or the right to the possession, or to the rents, issues, and profits thereof, unless the same be com- menced within two years after the date of filing such grant for record; nor shall any defense be made to any suit, ac- tion, or proceedings commenced by the trustee or trustees named in said grant, or their successors, privies, or persons holding under them, which defense involves the legality of said grant, or affects the title to the property thereby- conveyed, or the right to the possession, or the rents, is- sues, and profits thereof, unless such defense is made in a suit, action, or proceeding commenced within two years after such grant shall have been filed for record. Exemption from execution. Sec. 10. The property conveyed by such grant shall not, after a lapse of two years from the date of the filing for record of the grant, be subject to forced sale, under execu- tion, or judicial proceedings of any kind, against the grantor or his privies, unless the action under which the execution shall be issued, or the proceedings under which, the sale shall be ordered, shall have been commenced with- in two years after such grant shall have been filed for record. Nor shall such property be subject to execution or forced sale under any judgment obtained in any pro- ceedings instituted within said two years, if there be other px'operty of the grantor, subject to execution or forced sale sufficient to satisfy such judgment; provided, nothing 1432 TRUSTS. in this section contained shall be construed to affect mechanics' or laborers' liens. Bequest to state. Sec. 11. Any person or persons making any such grant may, at any time thereafter, by last will or testament, de- vise and bequeath to the state of California all or any of the property, real and personal, mentioned in such grant, or in any supplemental grant, and such devise or bequest shall only take effect in case, from any cause whatever, the grant shall be annulled or set aside, or the trusts there- in declared shall for any reason fail. Such devise and be- quest is hereby permitted to be made by way of assurance that the wishes of the grantor or grantors shall be carried out, and in the faith that the state, in case it succeeds to the property, or any part thereof, will, to the extent and value of such property, carry out, in respect to the objects and purposes of any such grant, all the wishes and inten- tions of the grantor or grantors; provided, that no wish, direction, act, or condition expressed, made, or given by any grantor or grantors, under or by virtue of this act, as to religious instruction to be given in such school, college, seminary, mechanical institute, museum, or gallery of art, or in respect to the exercise of religious belief, on the part of any pupil or pupils of such school or institution of learning, shall be binding upon the state; nor shall the state enforce, or permit to be enforced or carried out, any such wish, direction, act, or condition. Sec. 12. This act shall be in force from and after its passage. ACT 41C4. An act supplemental to an act entitled "An act to advance learning, the arts and sciences, and to promote the pub- lic welfare, by providing for the conveyance, holding, and protection of property, and the creation of trusts for the founding, endowment, erection, and mainte- nance within this state of universities, colleges, schools, seminaries of learning, mechanical institutes, museums, and galleries of art," approved March 9, 1885, concern- ing the resignation, relinquishment or surrender of rights, powers, privileges and duties reserved to or vesting in the founder or founders, surviving founder, or wife or widow of any founder, of any institution TRUSTS. 143S created or founded under or pursuant to said act, and concerning tlae assumption and exercise of powers and duties by the trustee or trustees of such institution. [Approved March 13, 1903. Stats. 1903, p. 140.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The founder or founders, surviving founder, or wife or widow of any founder, of a university, college, school, seminary of learning, mechanical institute, mu- seum, gallery of art, library or any other institution, or any or all thereof, founded under or pursuant to an act entitled "An act to advance learning, the arts and sciences, and to promote the public welfare, by providing for the conveyance, holding, and protection of property, and the creation of trusts for the founding, endowment, erection, and maintenance within this state of universities, colleges, schools, seminaries of learning, mechanical institutes, mu- seums, and galleries of art," approved Mai'ch 9, 1885, may, by an instrument in writing, resign, relinquish and surrender all the rights, powers, privileges and duties reserved to or vesting in such founder or founders, surviving founder, or wife or widow of such founder, over, in, or concerning any of the property granted or given to such institution or in- stitutions, or over or concerning any such institution or institutions so founded, and thereupon all estates, rights, powers, privileges, trusts and duties which would other- wise vest in or devolve upon the trustee or trustees of the trusts and estates created for the founding, endowment and maintenance of any such institution or institutions upon the death of the person or persons so resigning, re- linquishing and surrendering, by the terms of the grant founding the institution or institutions, and amendments thereof, and by the terms of any grants, gifts, bequests, and devises supplementary thereto, or of any confirmatory grants, shall immediately vest in and devolve upon such trustee or trustees. Nothing herein contained shall pre- vent such person or persons so resigning, relinquish- ing and surrendering such rights, powers, privileges, or duties from thereafter becoming and serving as one of such trustees, or from becoming and serving as an officer of any board of such trustees. Sec. 2. This act shall take effect and be in force from and after its passage. 1434 TRUSTS. ACT 4165. An act to provide for proceedings for the ascertainment of the existence and terms of, and for the determination of the validity and legal effect of grants or other in- struments creating, changing or affecting trusts and estates for the founding, endowment and maintenance of a university, college, school, seminary of learning, mechanical institute, museum, gallery of art, or library, or any other institution, or any or all thereof, under or pursuant to an act entitled "An act to advance learning, the arts and sciences, and to promote the public welfare, by providing for the conveyance, holding, and protection of property, and the creation of ti'usts for the founding, endowment, erection, and maintenance within this state of universities, colleges, schools, semi- naries of learning, mechanical institutes, museums, and galleries of art," approved March 9, 1S85, or under or pursuant to an act entitled "An act to encourage and provide for the dissemination of a knov*iedge of the arts, sciences, and general literature, and the founding, maintaining, and perpetuating public libraries, muse- ums, and galleries of art, and the receipt of donations and contributions thereto when established; for the con- veyance, holding and protection of real property within this state suitable for the purposes herein designated, and the erection thereon of buildings appropriate to such purposes, and for the creation of trusts neces- sary or proper for the better preservation of such insti- tutions, and the control and management thereof," ap- proved March 5, la67. [Approved February 10, 1903. Stats. 1903, p. 9.] The people of the state of California, represented in senate and assembly, do enact as follovrs: Section 1. The trustee or trustees of any trust or trusts heretofore or hereafter created for the founding, endow- ment and maintenance of a university, college, school, seminary of learning, mechanical institute, museum, gal- lery of art, library or any other institution, or any or all thereof, under or pursuant to an act entitled "An act to ad- vance learning, the arts and sciences, and to promote the public welfare, by providing for the conveyance, hold- ing, and protection of property, and the creation of trusts TRUSTS. 1435 for the founding, endowment, erection, and maintenance witliin this state of universities, colleges, schools, semi- naries of learning, mechanical institutes, museums, and gal- leries of art," approved March 9, 1885, or under or pursuant to an act entitled "An act to encourage and provide for the dissemination of a knowledge of the arts, sciences, and general literature, and the founding, maintaining, and per- petuating public libraries, museums, and galleries of art, and the receipt of donations and contributions thereto when established; for the conveyance, holding and pro- tection of real property within this state suitable for the purposes herein designated, and the erection thereon of buildings appropriate to such purposes, and for the creation of trusts necessary or proper for the better preservation of such institutions, and the control and management thereof," approved March 5, 1887, may commence a special proceeding in and by which may be determined all ques- tions of law and fact affecting the existence of, and the due and voluntary execution and delivery, and the terms, validity and legal effect of the grant or grants founding the same, and of all amendments or attempted amend- ments thereof, and of any supplemental grants or gifts, and of any confirmatory conveyances, of the founder or found- ers, or surviving founder, or wife or widow of any such founder; and in and by which may be determined all questions of law and fact affecting the due and voluntary execution and delivery, and the validity and legal effect, of any gift or grant made in general terms for the bene- fit of the institution or institutions, or of any department thereof, or of any gift or grant made in general terms for the benefit of the institution or institutions, or of any de- partment thereof, upon the trusts provided for in the grant founding the institution or institutions, and amendments thereof and grants, bequests and devises supplementary thereto; and in and by which may be determined all ques- tions bearing upon the passing to the trustee or trustees of the legal title to the properties, real and personal, con- veyed or attempted to be conveyed, so far as such property or the proceeds thereof, or any property acquired in ex- change therefor or with proceeds thereof, may be described in the petition herein provided for, and the interest or title of the trustee or trustees in or to any such property described in such petition; and in and by which may be 1436 TRUSTS. determined all questions of law and fact affecting the due and voluntary execution and delivery, and the validity and legal effect, of any grant or surrender by any such founder or founders, surviving founder, or wife or widow of any founder, to, or in favor of, such trustee or trustees, of any rights, powers, privileges or duties re- served to or vesting in any such person or persons over or concerning any property described in the petition herein provided for, or over or concerning any such institution or institutions so founded, which would otherwise vest in or devolve upon such trustee or trustees upon the death of the person or persons so granting or surrendering the same, and of any relinquishment or release by the founder or founders, surviving founder, or wife or widow of any founder, of any other such rights, powers, privileges or duties so reserved to or vesting in any such person or persons. To this end the trustee or trustees of any trust hereinbefore referred to, in the name of the institution or institutions so founded, or in the name of the trustee or trustees of such institution or institutions, or in the name of the board of trustees of such institution or in- stitutions, may file, in the superior court of the county in which the lands described in the founding grant or grants, or some portion thereof, are situated, or, if no real estate has been granted as herein provided to such trustees, then in the county where the main part of any such institution or institutions is situated, a petition in writing, signed by counsel for such trustee or trustees, or by counsel for a majority thereof, which petition shall contain copies of all such grants, amendments, attempted amendments, supplemental grants, instruments of gift, confirmatory conveyances, and grants and instruments of surrender, relinquishment or release, hereinbefore men- tioned or referred to, so far as known to such trustee or trustees; and the petition shall allege in general terms the due and voluntary execution and delivery, and the validity, of any and all of such instruments, copies of which are set out in the petition, and shall describe all property, real and personal, the legal title to which is held or claimed to be held by said trustee or trustees under or by virtue of any or all of such instruments, whether or not the same be the original property conveyed, the proceeds thereof, or re-invested proceeds; and the TRUSTS. 1437 petition shall allege In general terms the estate or in- terest which the trustee or trustees have or claim in or to the property described; and the petition shall pray, in effect, that the court examine and determine all questions of law and fact affecting the due and voluntary execution and delivery, and the terms, validity and legal effect of all such instruments, copies of which are so set out in the petition; and that the court examine and determine all questions bearing upon the passing to the trustee or trustees, of the legal title to all the properties, real and personal, so conveyed or attempted to be conveyed, so far as the same or the proceeds thereof, or any property ac- quired in exchange therefor or witia the proceeds thereof, may be described in said petition; and that the court examine and determine the interest or title of the trustee or trustees in or to any such property; and that it be established and determined that the trustee or trustees are rightfully vested with the legal title thereto. Sec. 2. The court or judge shall fix the time for the hearing of said petition, and shall order the clerk of the court to post in at least three public places in the county a notice of the filing of said petition, attached to a copy of said petition, and order a copy of such notice together with a copy of the petition to be personally served upon the founder or founders, if living, and upon the surviving wife or widow of any founder, and upon any living grantor or donor of any other grant or gift set out in the petition, and may order such other or further notice to be given as the judge or court may deem proper. Such notice shall be posted and served at least ten days before the hearing. If the court or judge finds upon the hearing that due and proper notice has not been given as herein provided, it shall reset the hearing and cause such due and proper notice to be given. The notice and petition shall be en- titled substantially in the following form: In the superior court of the county of , state of California. In the matter of the petition of (giving the name or names in which the petition is brought) for the ascer- tainment of the existence and terms of, and for the determination of the validity and legal effect of grants or other instruments creating, changing or affecting trusts and estates for the founding, endowment and 1438 TRUSTS. maintenance of (naming the institution or in- stitutions founded). The notice shall state the time and place fixed for the hearing of the petition and shall be addressed to the founder or founders, living, and to the surviving wife or widovv^ of any founder, and the living grantor or donor of any other grant or gift set out in the petition, and in general terms to all other persons having or claiming any interest in, or rights, powers, or duties over or con- cerning the property described in the petition; and shall direct that they and each of such persons appear and answer said petition on or before the time set for said hearing; and shall state that unless said persons so appear and demur or ansv/er, the petitioners will apply to the court to grant the prayer of the petition, and that each person failing to so appear and ansvv'er, shall be deemed to admit as true all the material allegations of the petition. Any of the persons so required to be served, or any other person so interested may waive notice by written waiver filed with the clerk of the court. Sec. 3. Any person interested in the determination of any of the questions presented by the petition may demur to or answer said petition and may set up any new matter affecting the determination of any such questions. Any allegation of the petition or answer may be made upon information and belief. The provisions of the Code of Civil Procedure respecting the demurrer and the answer to a verified complaint, shall be applicable to a demurrer or answer to said petition. The persons so demurring to or answering said petition shall be the defendants to said special proceeding and the petitioners shall be the plaintiffs. Every material statement of the petition not specifically controverted by the answer must, for the purposes of said special proceeding, be taken as true; and each person failing to answer the petition shall be deemed to admit as tine all the material allegations of the petition. The rules of pleading and practice provided for by the Code of Civil Procedure, which are not inconsistent with the provisions of this act, are applicable to the special pro- ceeding herein provided for. Sec. 4. Upon the hearing of such special proceeding, the court shall have power and jurisdiction to eramine TULARE COUNTY. 1439 Into and determine all questions of law and fact within the scope of the proceeding herein provided for, whether presented by the petition or answer, or by the proofs upon the hearing. The court shall find and determine whether the notice of the filing of said petition has been duly given for the time and in the manner in this act prescribed. The costs of the special proceeding may be allowed and apportioned between all parties, in the discretion of the court. Sec. 5. A certified copy of the judgment of the court in such special proceeding shall be recorded in the ofiBce of the recorder of the county in which the action is brought and in the ofiice of the recorder of every county in which any of the real property affected is situated. Sec. 6. The judgment of the court in such special pro- ceeding shall be determinative of the terms and trusts upon which any property thereafter given for the benefit of such institution or institutions, or any department thereof, shall be held by such trustee or trustees, unless otherwise provided by the grantor or donor of such prop- erty. Sec. 7. This act shall take effect and be in force from and after its passage. TITLE 50L ACT 4170. TULARE COUNTY. Assessors, act fixing salary and bond of. [Stats. 1875-6, p. 172.] Superseded by County Government Acts, see 1897, 521, 535, sees. 170, 182. ACT 4171. Board of health, establishing. [Stats. 1877-8, p. 558.] Superseded by subd. 20, sec. 25. County Government Act. 1897, 464. ACT 4172. County auditor and county recorder, separation of offices of, and regulation of oQicial salaries in. [Stats. 1875-6, p.'l51.] Amended 1875-6, 363; 1877-8, 104. Repealed by County Gov- ernment Acts, see 1897, 535, sec. 182. 1440 TUOLUMNE COUNTY. ACf 4173. Separating oflBces of county recorder and county clerk. [Stats. 1S73-4, p. 60.] Repealed by County Government Act, 1897, 473, sec. 55. ACT 4174. Public roads in. [Stats. 1873-4, p. 283.] Amended 1875-6. 11. Repealed 1875-6, 531. ACT 4175. Making applicable to of act of February 21, 1872, 141, regu- lating the traveling fees of sheriff. [Stats. 1873-4, p. 45.] Repealed 1877-8, 560. ACT 4176. Traveling fees of sheriff of. [Stats. 1877-8, p. 559.] Repealed by fee bill of 1895, 269. ACT 4177. To increase the number of superior judges. [Stats. 1891, p. 61.] ACT 4178. To reduce the number of judges of the superior court. [Stats. 1895, p. 128.] ACT 4179. Tax collector, bonds of. [Stats. 1S75-6, p. 16.] Repealed by County Government Act, 1897, 475, sec. 16. ACT 4180. Concerning water ditches and water privileges for agri- cultural and manufacturing purposes in Tulare County. [Stats. 1867-8, p. 112.] ACT 4181. Concerning water ditches and water privileges in, for irrigating, mining and manufacturing purposes. [Stats, 1875-6, p. 547.] TITLE 509. ACT 4186. TUOLUMNE COUNTY. Lawful fences in. [Stats. 1863-4, p. 475.] TUOLUMNE RIVER— UKIAH. 1441 ACT 4187. To provide for care and maintenance of indigent sick of. [Stats. 1877-8, p. 596.] Superseded by subd. 6, sec. 25, County GoTernment Act. 1897, 458. ACT 4188. Township officers, regulating. [Stats. 1873-4, p. 453.] Repealed by County Government Acts, see 1897, 474, sec. 56 ; also Code Civil Procedure, sec. 103. ACT 4189. Salaries of certain officers of. [Stats. 1875-6, p. 45.] Repealed by County Government Acts, see 1897, 556, sec. 197. ACT 4190. Supervisors, prescribing commencement of terms. [Stats. 1873-4, p. 154.] Repealed by County Government Act, 1897, 452. ACT 4191. Treasurers of, bonds of. [Stats. 1875-6, p. 17.] Repealed by County Government Acts, see 1897, 475, sec. 66. TITLE 510. ACT 4190. TUOLUMNE RIVER. Authorizing the construction of a bridge across the Tuolumne River at Modesto. [Stats. 1877-8, p. 455.] ACT 4197. To declare the head of navigation in. [Stats. 1854, p. 203.] See Political Code, sec. 2349. TITLE 511. ACT 4202. TURNPIKE CORPORATIONS. To authorize formation of plank or turnpike road corpora- tions. I Stats. 1857, p. 171.] See note to act 632, ante. TITLE 512. .^™, .„«» UKIAH. ACT 4207. Incorporation of. [Stats. 1875-6, p. 162.] Superseded by incorporation, in 1886, under Municipal Govern- ment Act of 1883. Gen. Laws— CI 1442 UNINCORPOR4-TEP ASSOCIATIONS— U. S. FLAG. UNINCORPORATED ASSOCIATIONS. See Benefit Societies ; Boards of Trade ; Chambers of Com- merce ; Co-operative Associations ; Mechanics' Institutes. TITLE 513. ACT 4209. UNION. Incorporating town of Union. [Stats. 1858, p. 7.] Amended 1869-70, 414; 1873-4. 280. This is now Areata, 1860, 109. TITLE 514. ACT 4212. UNITED STATES. Giving tiie consent of the legislature of the state to the purchase by the United States of land within this state for public purposes. [Stats. 1852, p. 149.] Superseded by Political Code, sec. 34. ACT 4213. Granting right of way to the United States for railroad from Atlantic to Pacific. [Stats. 1852, p. 150.] ACT 4214. Providing for the relinquishment to the United States of lands required for military or naval purposes. [Stats. 1859, p. 2G.] ACT 4215. Ceding jurisdiction to the United States over lands near Lime Point. [Stats. 1859, p. 334.] TITLE 515. UNITED STATES COAST SURVEY. ACT 4220. To authorize persons engaged in United States coast sur- vey to enter upon lands v/ithin the state. [Stats. 1852, p. 147.] TITLE 516. ACT 4225. UNITED STATES FLAG. To prohibit the desecration of. [Approved March 2, 1899. Stats. 1899, p. 46.] U. S. SENATORS— UNIVERSITY OP CALIFORNIA. 1443 TITLE 517. ACT 4230. UNITED STATES SENATORS. To ascertain and express the will of tiie people of the state of California upon the subject of election of United States senators. [Approved March 10, 1891. Stats. 1891, p. 46.] This act provided for submitting to the people at the general election following the passage of this act the question of the election of United States senators by direct vote. TITLE 518. ACT 4240. UNIVERSITY OF CALIFORNIA. To create and organize the University of Caiifomia. [Stats. 1867-8, p. 248.] Amended 1871-2, 655; 1897, 65. Cal.Rep.Cit. 54. 31; 54, 33; 69.216; 71,120:104,658; 123, 617 ; 123, 623. "Probably repealed by the code, but if so, revived and made irrepealable by sec. 9, art. IX, of the constitution of 1879."— Coda Commissioners' note. ACT 4341. For the endowment of. [Stats. 1869-70, p. 668.] Cal.Rep.Cit. 123, 619. ACT 4242. Permanent endowment for. [Stats. 1877-8, p. 337.] ACT 4243. To provide for the permanent support and improvement of, by the levy of a rate of taxation and the creation of a fund therefor. [Stats. 1887, p, 2.] ACT 42-14. To provide additional support and maintenance, and for the acquisition of necessary property and improve- ments for the University of California, by the levy of a rate of taxation, and the creation of a fund therefor. [Approved February 27, 1897. Stats. 1897, p. 44.] Cal.Rep.Cit. 123, 623. ACT 4215. To provicie a continuous appropriation for the support and maintenance of the University of California, to be an item of the general appropriation bill. [Approved March 15, 1901. Stats. 1901, p. 307.] This act appropriated the sum of $200,000 biennially. 1444 UNIVERSITY OF CALIFORNIA. ACT 4246. To grant to the regents of the University of California the north one half of section sixteen, township seven south, of range three east. Mount Diablo meridian, and authorize the exchange thereof. [Approved March 16, 1889. Stats. 1889, p. 229.] ACT 4247. To appropriate money to reimburse the imlversity for moneys heretofore appropriated to the endowment fund, which moneys have been by mistake withheld therefrom and appropriated to other state purposes. [Stats. 1881, p. 51.] Repealed 1893, 77. See 1899, 93. ACT 4248. Appropriations for the benefit of. [Stats. 1901, p. 110.] This act appropriated $50,000 to supply a loss In the pennanent timd to supply a loss through a mortgage taade to one William C. Turner. ACT 4249. To provide for the better control of the funde of, and for the investment and security of the same. [Stats, 1883, p. 54.] Cal.Rep.Cit. 66, 508. Unconstitutional. (People v. Kewen, 69 Cal. 215.) ACT 4250. To authorize the insurance of all property of the University of California held for purposes of income against damages or loss. [Approved March 20, 1899. Stats. 1899, p. 152.] ACT 4251. Concerning the selection and sale of university lands. [Stats. 1873-4, p. 356.] Amended 1883, 36. This act also related to the determination of land contests. ACT 4252. Authorizing the regents of the state university to hold farmers' institutes, making an appropriation therefor, and prescribing the duties of the controller and treas- urer in relation thereto. [Approved March IS, 1903. Stats. 1903, p. 205.] VAGRANCY— VALLEJO. 1445 ACT 4253. Intoxicating liquors, prohibiting sale of within two miles of. [Stats. 1873-4, p. 12.] Superseded by Penal Code, sec. 172, as amended April 3, 1876. ACT 4254. Appropriating two hundred and fifty thousand dollars for the erection of buildings for the use of affiliated and other departments of the University of California. [Stats. 1895, p. 69.] ACT 4255. To appropriate one hundred and twenty-five thousand dol- lars for the erection of buildings for the use of afliliated and other departments of the University of California, in San Francisco. [Approved February 23, 1897. Stats. 1897, p. 14.] ACT 4256. Concerning the medical department of. [Stats. 1881, p. 24.] TITLE 519, ACT 4261. VAGRANCY. To punish vagrants, vagabonds and dangerous and sus- picious persons. [Stats. 1855, p. 217.] Amended 1856, 32; 1863, 770. Superseded by Penal Cod«^ sec. 647. TITLE 520. To incorporate the town of Vallejo. [Stats. 1865-6, p. 431.] Superseded by the charter, Stats. 1899. 370 ACT 4267. To incorporate. [Stats. 1871-2, p. 566.] Amended 1871-2, 757; 1873-4, 360, 381; 1875-6, 25; 1877-8, 398. Superseded by charter of Vallejo, 1899, 370. ACT 4268. Vallejo township board of education, establishing. [Stats. 1873-4, p. 160.] Amended 1875-6, 9. The code commissioners say of this act : 'But If the city of Vallejo Is a part thereof, this statute is modified or repealed by the charter of that city, 1899, 370." 1446 VEXTURA COUNTY— VETERANS' HOME. TITLE 521. ACT 4273. VENTURA COUNTY. Creating and establishing boundaries of. [Stats. 1871-2, p. 484.] Amended 1873-4, p. 365, sec. 4, chap. CCLXIX. Section 15 repealed by Political Code, sec. 791. ACT 4274. Legal distances, defining. [Stats. 1873-4, p. 21. Repealed by Political Code, sec. 200. ACT 4275. Fixing salaries of certain officers of. [Stats. 1873-4, p. 618.] Repealed as to county judges by the constitution of 1S79, and as to the other offlces by the County Governmsnt Acts. See 1S97, 452. ACT 4276. Bonds of officers of. [Stats. 1877-8, p. 334.] Repealed by County GoTernment Acts, see 1897, 475, sec. 66. TITLE 522. ACT 4281. VETERANS' HOME. To provide for the erection of a modern hospital for the veterans' home located at Yountville. [Stats. 1901, p. 823.] ACT 4282. To recognize the veterans' home at Yountville as a state home for the maintenance of disabled soldiers and sailors of the United States and to designate an officer to receive money appropriated by the United States on account of said home. [Stats. 1889, p. 418.] ACT 4283. To accept from the veterans' home association the convey- ance of, and to vest the title in the state of California, to the tract of land in Napa County known as the veterans' home, with the improvements and furnish- ings thereon, to make the same a state home for United States soldiers, sailors, and marines, and to provide for the government thereof by the state. [Ai>- proved March 11, 1897. Stats. 1897, p. 106.] Amended 1903, 321, VETERINARY SURGERY. 1447 ACT 4284. Authorizing associated veterans of Mexican war to ex- change IcLiids. LStats. 1871-2, p. itiS.] Amended 18S1, 66. ACT 4285. To authorize directors of the veterans' home association to exchange certain lands in San Francisco for cer- tain other property belonging to said city and county or for a lease of said property, [Stats. 1891, p. 184. J ACT 4286. Appropriation for support of indigent persons residing in veterans' home. [Stats. 1883, p. 55.] Amended 1887, 6; 1893, 214; 1899, 147; 1901, 275. ACT 4287. To enable any county, city and county, city, or town to lease property to any association of veteran soldiers, sailors, or marines. [Stats. 1897, p. 113.] ACT 4288. Authorizing the state treasurer to pay over to the treas- urer of the veterans' home association moneys received by him under an act of congress. [Stats. 1895, p. 26.] TITLE 523. ACT 4293. VETERINARY SURGERY. An act entitled an act to regulate the practice of veteri- nary medicine and surgery in the state of California. [Approved March 23, 1893. Stats. 1893, p. 289.] Amended 1903, 258. Section 1. It shall be unlawful for any person or per- sons to practice veterinary medicine and surgery in the state of California without having previously obtained a diploma from a college duly authorized to grant such to students in veterinary medicine and surgery, or to those who have passed satisfactory examinations before the state veterinary medical board, as hereinafter provided for; provided, that nothing in this act shall prevent the medical or surgical treatment of stock by the owners or the employees of owners, or by neighbors v,ho do not as- 1448 VETERINAPwT SURGERY. sume to be practitioners of veterinary medicine or sur- gery. [Amendment approved March 20, 1903. Stats. 1903, p. 258.] Sec. 2. 1. This board of examiners shall be known as the state veterinary medical board, and shall consist of five duly qualified practitioners in veterinary medicine and surgery, whose duty it shall be to carry out the pur- poses and enforce the provisions of this act. 2. The members of the state veterinary medical board shall be appointed by the governor of the state. 3. The board so appointed shall hold their offices for four (4) years, and the compensation of each member of said state veterinary medical board shall be five dollars per diem, exclusive of all necessary expenses while actually engaged in the duty of their office at the meetings of said board. 4. A meeting of the state veterinary medical board shall be held at least once in every six months after the appointment of said board by the governor of the state of California, such meetings to be held alternately in San Francisco and Los Angeles. 5. Three members of the state veterinary medical board shall constitute a quorum. 6. Said compensation to be paid out of the fees and pen- alties received under the provisions of this act, and no part of the salary or other expenses of the state veterinary medical board shall be paid out of the state treasury. 7. All moneys received by said state veterinary medical board as such fees and penalties, in excess of the com- pensation and expense of the state veterinary medical board, shall be annually paid into the state treasury, and become a part of the general fund of the state. Sec. 3. 1. Said state veterinary medical board shall examine all diplomas as to their genuineness. Each ap- plicant not holding a diploma shall submit to a theoretical and practical examination before the state veterinary medical board; said examination to be written or oral, or both, and sufficiently strict to satisfy said board that the applicant is competent to practice veterinary medicine and surgery. 2. An examination fee of five dollars shall be paid to the state veterinary medical board by the holder of a diploma. VETERINARY SURGERY. 1449 and ten dollars by an applicant not holding a diploma; said money shall be paid by the applicant before exami- nation. 3. In case of failure of approval, said fee shall be for- feited to the state veterinary medical board. Sec. 4. All examinations of persons not graduates shall be made directly by the state veterinary medical board, and the certificates given by said board shall authorize the possessor to practice veterinary medicine and surgery in the state of California. All examinations of ungraduated practitioners must take effect before the eighteenth day of September, nineteen hundred and three; after that date no certificates shall be granted except to persons presenting diplomas from legally chartered colleges. [Amendment approved March 20, 1903. Stats. 1903, p. 258.] Sec. 5. Upon the approval of credentials, or upon ap- proval of the examination of an applicant, said state veterinary medical board shall grant him or her a license to practice in this state, and shall receive therefor a fee of five dollars; said license shall be signed by a majority of the board. Sec. 6. Any person qualified as required by this act shall, upon receipt of his license to practice, have said license prominently displayed in his office, and a true copy thereof shall be filed in the office of the clerk of the county in which he resides. Any person removing to another county to practice shall file the license in like manner in the county to which he removes. The holder shall pay to the county clerk the usual fees for tiling. Any person holding such license who shall refuse or neglect to prominently display in his oflice, or file a copy of the same with the county clerk, as above directed, within six months after receiving such license shall forfeit his li- cense; and no license vv^hen once forfeited shall be restored to the original holder except on the payment to said state veterinary medical board of the sum of twenty-five dollars, as a penalty for such failure, neglect, or refusal. Sec. 7. Any person shall be regarded as practicing veterinary medicine and surgery, within the meaning of this act, who shall have received a license as mentioned in section five. But nothing in this act shall be construed to prohibit members of the medical profession from pre- I'iSO VI3ALIA— VITICULTURE. scribing for domestic animals in case of emergency, and col- lecting a fee tlierefor, nor to prohibit gratuitous services in an emergency, nor prevent any person from practicing veterinary medicine or surgery on any animal belonging to himself or herself. And this act shall not apply to com- missioned veterinary surgeons in the United States army. Sec. 8. Any person practicing veterinary medicine or surgery in this state contrary to the provisions of this act shall be guilty of a misdemeanor, the penalty of which shall be a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprison- ment of not exceeding six (6) months, or by both. Sec. 9. This act shall take effect sixty days from and after its passage. TITLE 524. ACT 4298. VISALIA. incorporating, and providing for public schools therein. [Stats. 1873-4, p. 171.] Amended 1S75-6, 119. Superseded by incorporating, in 1900, under statute of 1683. ACT 4299. Quieting title to town lots in. [Stats. 1877-8, p. 363.] TITLE 525. ACT 4304. VITICULTURE. To define and enlarge the powers and duties of the state viticultural commissioners, to authorize the appoint- ment of certain ofiicers, and to protect the interests of horticulture and agriculture. [Stats. 1881, p. 51.] Enlarged 18S5, 9. Repealed 1S95, 235. Unconstitutional in part. (Ex parte Cox, 63 Gal. 21.) ACT 4305. To enlarge the duties of the board of state viticultural commissioners. [Stats. 18S5, p. 9.] Repealed 1895, 235. ACT 430G. For the promotion of the viticultural industries of the state. [Stats. ISSO, p. 52.] Enlarged 1881, 51 ; 1885, 9. Repealed 1895, 235, chap. CLXXXIX. This act provided for the creation of viticultural districts and lily appointment of viticultural commissioners. VITICULTURE. 1451 ACT 4307. An act for the protection of the viticultural interests of the state, and making an appropriation therefor. [Approved March 26, 1903. Stats. 1903, p. 522.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The regents and the president of the Uni- versity of California are hereby directed to cause to be prosecuted with all possible diligence, in connection with and in addition to the work heretofore carried on by the agricultural experiment station, experimental and research work in the field of viticulture, including both cultural and Industrial processes. They are directed to ascertain the adaptation of the various kinds of vines to the several climatic and soil conditions of the state, with the special reference to those stocks for propagating purposes, resist- ant to the phylloxera, and to further their adaptability and utility as grafting stocks for producing wine, raisin and table grapes. They are directed to ascertain the best methods of grafting and propagating said stocks and vines, together with the most impoilant methods of vinification and the preparation, manufacture and application of yeasts in vinification and distillation. They are further directed to report upon the utilization of the by-products of the vineyard and winery, the study and treatment of the vine diseases and all matters appertaining to the viticultural industry, pertinent to the successful conduct of the busi- ness and that may be of general public interest, use and profit. They are further directed to publish the result of said experiments and investigations in form of bulletins from time to time, as may seem advisable, and not less than two bulletins showing the progress and result of the work, shall be issued in any fiscal year. Sec. 2. The sum of three thousand dollars ($3,000) is hereby appropriated out of any money in the treasury not otherwise appropriated, for the purpose of carrying into effect the provisions of this act; said money to be paid to the regents of the University of California, to be ex- pended by them through the agricultural department of the university during the two years beginning July 1, 1903. The comptroller of the state is hereby directed to draw his warrant for such payments as requested by said 1452 WAGON ROAD CORPORATIONS— WARRANTS. regents of the state university of California, and the treasurer of the state is hereby directed to pay the same. Sec. 3. This act shall take effect and be in force from and after its passage. TITLE 526. ACT 4312. WAGON-ROAD CORPORATIONS. To provide for the formation of. [Stats. 1853, p. 114.] Amended 1856, 71. Cal.Rep.Cit. 122, 338. This act was repealed by the later act of March 12, 1853, Stats. 1853, p. 169, in regard to the formation of wagon-road corporations, being inconsistent with it. See People ex rel. Waugh v. Auburn etc. Tp. Co., 122 Cal. 335. See note to act 632, ante. TITLE 527. ACT 4317. WAREHOUSES. To authorize the keepers of warehouses to sell goods on storage after a certain period. [Stats. 1851, p. 170.] This act is probably superseded by the provisions of the code relating to storage. In the absence of positive legislation, it is difficult to determine what, if any, part of it is in force. ACT 4318. Relating to warehouse and wharfinger receipts and other matters pertaining thereto. [Stats. 1877-8, p. 949.] This act appears in full in Civil Code, Appendix, p. 778. TITLE 528. ACT 4323. WARM SPRINGS CREEK. To declare navigable. [Stats. 1871-2, p. 307.] The court commissioners say of this act : "Probably repealed by Political Code, sec. 2349, as amended 1891." TITLE 529. ACT 4328. WARRANTS. To provide for the payment of the controller of state's war- rants, which have been lost or destroyed previous to payment by the state treasurer. [Stats. 1891, p. 294.] WASHINGTON TOWNSHIP— WATER COMPANIES. 1453 TITLE 530. ACT 4333. WASHINGTON TOWNSHIP. Yolo County, hogs and goats in Washington Township. [Stats. 1875-6, p. 800.] Superseded by 1897, 198. TITLE 531. WATER COMMISSIONERS. The Political Code, sec. 19, continued in force all acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the state. For the act governing in any particular township or county, see the particular title. See, also, acts 4364, 4365. TITLE 532. ACT 4343. WATER COMPANIES. For the incorporation of water companies. [Stats. 1858, p. 218.] Amended 1861, 228. Cal.Rep.Cit. 105, 155 ; 105, 160. See note to act 632, ante. ACT 4344. To provide for the incorporation of water companies. [Stats. 1852, p. 171.J See note to act 632, ante. ACT 4345. For the protection of water companies. [Stats. 1861, p. 533.] This act provided a penalty for Injuring, defrauding, etc. It was superseded by Penal Code, sees. 499, 592, 607, 625. ACT 4346. Authorizing boards of supervisors to fix water rates. [Stats. 1880, p. 16.] Superseded by 1885, 95. Cal.Rep.Cit. 129, 446. In full in Appendix to Civil Code, p. 787. ACT 4347. Regulating and controlling the sale, rental and distribution of appropriated water in this state other than in any 1454 WATER COMPANIES. city, city and county, or town therein, and to secure the rights of way for the conveyance of such water to the place of use. [Stats. 1885, p. 95.] Amended 1897, 49; 1901, 80. Cal.Rep.Cit. 129, 446; 129, 447; 130, 313. This act appears in full in the Civil Code, Appendix, p. 781. ACT 4348. An act to enable the board of supervisors, town council, board of aldermen, or other legislative body of any city and county, city, or town to obtain data and in- formation, from any corporation, company, or person supplying vrater to such city and county, city, or town, requiring such boards, town council, or other legis- lative body to perform the duties prescribed by section one of article fourteen of the constitution, and pre- scribing penalties for the non-performance of such duties. [Approved March 7, 1881. Stats. 1881, p. 54.] Unconstitutional in part. (Fitch v. Supervisors, 122 Cal. 2S5.) Municipal corporations to fix water rates. Section 1. The board of supervisors, town council, board of aldermen, or other legislative body of any city and county, city, or town, are hereby authorized and em- powered, and it is made their official duty, to annually fix the rates that shall be charged and collected by any per- son, company, association, or corporation, for water fur- nished to any such city and county, or city, or town, or the inhabitants thereof. Such rates shall be fixed at a regular or special session of such board or other legislative body, held during the month of February of each year, and shall take effect on the first day of July thereafter, and shall con- tinue in full force and effect for the term of one year, and no longer. Annual statements to be made by water companies, etc. Sec. 2. The board of supervisors, town council, board of aldermen, or other legislative body of any city and county, city, or town, are bereby authorized, and it is hereby made their duty, at least thirty days prior to the fifteenth day of January of each year, to require, by ordi- nance or otherwise, any corporation, company, or per- son supplying water to such city and county, city, or town, WATER COMPANIES. 14S5 or to the inhabitants thereof, to furnish to such board, or other governing bodj% in the month of January in each year, a detailed statement, verified by the oath of the president and secretary of such corporation or company, or of such person, as the case may be, showing the name of each water-rate payer, his or her place of residence, and the amount paid for water by each of such water- rate payers, during the year preceding the date of such statement, and also showing all revenue derived from all sources, and an itemized statement of expenditures made for supplying water during said time. Additional statement. Sec. 3. Accompanying the first statement made as prescribed in section two of this act, every such corpora- tion, company, or person shall furnish a detailed state- ment, verified in like manner as the statement mentioned in section two hereof, showing the amount of money actu- ally expended annually, since commencing business, in the purchase, construction, and maintenance, respectively, of the property necessary to the carrying on of its busi- ness, and also the gross cash receipts annually, for the same period, from all sources. Refusal to make statement a misdemeanor. Sec. 4. Every corporation, company, or person who shall refuse or neglect to furnish the statements men- tioned in sections two and three of this act, or either of them, or who shall furnish any false statement in relation thereto, within thirty days after having been required or requested to furnish the same as prescribed in sections one, two, and three of this act, shall be deemed guilty of a misdemeanor. Copy of statement to be filed. Sec. 5. Upon receiving the statements provided for in sections two and three of this act, the board of super- visors, town council, board of aldermen, or other legis- lative body, shall cause a copy thereof to be made and filed in the office of the county recorder of such city and county, or of the county wherein such city or town Is situated. Rates to be equal. Sec. 6. Rates for the furnishing of water shall be equal and uniform. There shall be no discriminations 1456 WATERS. made between persons, or between persons and corpora- tions, or as to the use of water for private and domestic, and public or municipal purposes; provided, that nothing herein shall be so construed as to allow any person, com- pany, association, or corporation to charge any person, corporation, or association anything for water furnished them when, by any present law, such water is free. Excess in charging rates forfeits franchise, etc. Sec. 7. Any person, company, association, or corpora- tion charging, or attempting to collect from the persons, corporations, or municipalities using water, any sum in excess of the rate fixed as hereinbefore designated, shall, upon the complaint of said board of supervisors, town council, board of aldermen, or other legislative body thereof, or of any water-rate payer, and upon conviction before any court of competent jurisdiction, shall forfeit the fi-anchises and water-works of such person, company, association, or corporation to the city and county, city or town, wherein the said water is furnished and used. Penalty to supervisors neglecting to enforce act. Sec. 8. Any board of supervisors or other legislative body of any city and county, city or town which shall fail or refuse to perform any of the duties prescribed by rhis act, at the time and in the manner hereinbefore speci- fied, shall be deemed guilty of malfeasance in office, and upon conviction thereof, at the suit of any interested party, in any court of competent jurisdiction shall be removed from office. Sec. 9. This act shall take effect and be in force from and after the date of its passage. TITLE 533. ACT 4353. WATERS. To prevent obstructions in navigable streams. [Stats. 1850, p. 1S8.] Superseded by Penal Code, sec. 611, and Political Code, sec. 2350. ACT 4354. For the protection of harbors. [Stats. 1861, p. 224.] This act forbade the mooring to buoys or beacons and the throwing overboard of ballast. It was superseded in part by th* act of 1873-4, 619, and entirely by Penal Code, sees. 613, 614. WATERS. 1457 ACT 4355. Fixing and defining a miner's inch of water. [Approved March 23, 1901. Stats. 1901 p. 660.] ACT 4356. Artesian wells, regulating use of, and preventing waste of subterranean waters. [Stats. 1877-8, p. 195.] Section 8 repealed 1901, 284. ACT 4357. To declare navigable a creek in sections 35 and 36, town- ship 3 south, range 3 west, Mt. Diablo meridian. [Stats. 1867-8, p. 486.] This act declared a certain creek in Alameda County navigable. ACT 433S. To declare certain rivers and creeks navigable. [Stats. 1851, p. 422.] Cal.Rep.Cit. 79, S49. This act declared certain parts of the following streams navi- gable : San Jose de Guadelupe, Petaluma River, Sonoma River, Napa River, Suisun River, Sacramento River, Feather River, Yuba River, San Joaquin River, Stockton Slough, Mokelumne River, Tuolumne River, Deer Creek, and American Fork. Substantially incorporated in Political Code, sec. 2349, vvfith the exception of the San Jose de Guadelupe and the American Fork. ACT 4359. Declaring a certain creek in Washington Township, Ala- meda County, navigable. [Stats. 1871-2, p. 307.] Probably repealed by Political Code, sec. 2349, as amended 1891. ACT 4360. Alameda County, navigable streams in. [Stats. 1867-8, pp. 486-680.] This act applied, amongst others, to San Leandro Creek and Johnson's Creek. Particular streams, navigability of, see particular title. ACT 4361. Authorizing the boards of supervisors of the several coun- ties of this state to declare innavigable streams high- ways for the floating of logs and timber, and provide for the improvement and use of the same. [Approved March 7, 1889. Stats. 1889, p. 85.] Repealed by sec. 25, County Government Act, 1897, 457. 145S WATERS. ACT 4362. To authorize the beard of supervisors of the several coun- ties in this state to grant franchises and privileges to corporations, associations, or individuals. [Approved March 3, 18S1. Stats. 1881, p. 25.] Superseded by subd. 35, sec. 25, County Government Act, 1897, 466. Repealed 1901, 265. This act authorized supervisors to grant privileges to build booms to hold logs and timber. ACT 4363. An act to provide for the location of tow-paths along the banks of navigable streams. [Approved April 1, 1872. Stats. 1871-2, p. 940.] Authority given. Section 1. The board of supervisors of each county in the state may, when public convenience for the pur- pose of commerce requires it, cause to be located and opened a tow-path, not exceeding ten feet in width, along the bank or banks of any navigable stream within the county. Viewers. Sec. 2. In order to locate and open such tow-path, the same proceedings in regard to petition, viewers, etc., shall be taken as are now by law required to be taken in the respective counties of this state for the purpose of locating and opening public roads and highwaj^s. Water frontage. Sec. 3. The owner or owners of any land over which a tow-path shall be located and opened shall not be deprived of the water frontage nor of the free use and enjoyment of any land so located, subject only to the right of the public to use the same for the purposes of commerce. Fences. Sec. 4. It shall not be necessary to construct or main- tain fences on either side of any tow-path so located, but the board of supervisors may make all necessary rules and regulations for the government and management of tow-paths, and may provide for the erection of gates thereon and for the full and complete protection of the property through which the same passes. WATERS. 1459 Sec. 5. This act shall take effect from and after its passage. ACT 4364. An act to provide for the appointment of an examining commission on rivers and harbors, defining their du- ties and powers, and prescribing their compensation. [Approved March 19, 1889. Stats. 1889, p. 420.] Appointment of engineers. Section 1. The governor of the state, within thirty days after the passage of this act, shall appoint three competent engineers in good standing in their profession, to be known and called the examining commission on rivers and har- bors. The persons so appointed shall hold office until the first day of January, eighteen hundred and ninety-one. In case any vacancy may arise in such commission from any cause, the governor shall immediately fill such vacancy by appointment. Oath of office. Sec. 2. Each of said commissioners shall, before en- tering upon the discharge of his duties, take and subscribe an oath of office. The said commission shall organize by electing a president and secretary. Duty of commission. Sec. 3. The said commission shall make a full and careful examination into the condition of the Sacramento and San Joaquin rivers, and such other rivers and streams as they may select for that purpose. They shall deter- mine what steps are necessary for the rectification and improvement of such rivers and streams, and shall make, or cause to be made, all such necessary and proper sur- veys, examinations, maps, designs, drawings, estimates, specifications, and exhibits as will enable the congress of the United States to clearly understand the condition of such rivers, and the cost and expense of properly rectify- ing and improving the same. The said commission shall, whenever requested by the governor, also make an ex- amination for a similar purpose into such harbors as they may be so required to examine. Said commission shall have power to employ such persons at such compensation as they may deem proper, as surveyors or assistants In any of the work herein above specified. 1460 WATERS. Report of. Sec. 4. The said commission shall make a full report on or before the first day of October, eighteen hundred and ninety, to the governor, on the matters herein speci- fied, which said report shall be in such form and contain such calculations, specifications, and estimates as that it may be to congress as the basis of an appropriation by congress for the improvement of the Sacramento and San Joaquin rivers, and other navigable streams of the state, and of such bays and harbors as may have been examined by said commission as herein provided. The superintend- ent of state printing shall print and publish as many copies of said report and exhibits as may be ordered by the governor. Salaries. Sec. 5. Each member of the said commission shall receive a salary of two thousand four hundred dollars per annum, payable monthly, and his traveling expenses while engaged in the performance of ofiicial duties. Said salary and expenses to be paid out of any money in the state treasury not otherwise appropriated. Sec. 6. This act shall take effect and be in force from and after its passage. ACT 43C5. To create a board of commissioners and the office of over- seer to regulate watercourses. [Stats. 1854, p. 76.J Amended 1857, 29; ISGO, S35 ; 1861, 31; 1S62, 235. Cal.Rep.Cit. 69, 362 ; 69, 367 ; 70, 191 ; 70, 192. Applies only to Contra Costa, Colusa, Los Angeles, Napa, San Bernardino, San Diego, Santa Barbara, Solano, and Tulare counties. ACT 4366. Board of water commissioners for Merced County. [Stats. 18G0, p. 182.] ACT 4367. To provide for the joint investigation with the federal government of the water resources of the state, and of the best methoas of preserving the forests thereof; and making an appropriation for the expenses of such investigations. [Approved March 16, 1903. Stats. 1903, p. 171.] WATSONVILLE— WEIGHTS AND MEASURES, 1461 TITLE 534. ACT 4371. WATSONVILLE. Incorporating Watsonville. [Stats. 1867-8, p. 688.] Amended 1873-4, 43; 1875-6, 511; 1877-8, 363. Superseded by incorporating, in 1889, under the statute of 1883. TITLE 535. ACT 4376. WEAVERVILLE. Weaverville, preventing hogs and goats running at large in. [Stats. 1877-8, p. 33.] Repealed by estray law, 1897, 198. TITLE 536. ACT 4381. WEIGHTS AND MEASURES. To establish a standard of weights and measures. [Stats. 1861, p. 86.] Amended 1861, 346; 1863, 737. Superseded by Political Code, sees. 3209-3223. ACT 4383. To establish a standard of weights and measures. [Stats. 1891, p. 487.] "Of doubtful constitutionality, and has never been acted under. (Condict V. Police Court, 59 Cal. 278; sec. 14, art. XI, State Const.; subd. 5, sec. 8, art. I, Const, of U. S.)"— Code Commissioners' note. ACT 4383. An act relating to weights and weighers for warehousemen and wharfingers, and matters connected therewith. [Approved March 24, 1903. Stats. 1903, p. 387.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. All persons now engaged in or who may here- after engage in a general warehouse, wharfinger or storage business for the storage of grain or other commodities, which in the course of such business are weighed, shall before they engage in such business or within sixty days after the appointment of an inspector of weights as pro- vided in section four of this act, designate in writing a person or persons as weigher or weighers for such business at the place thereof, and the person or persons so desig- 1462 WEIGHTS AND MEASURES. nated shall thereupon, and before they shall do any weigh- ing for such business subscribe, before an officer author- ized to administer oaths, the follovving oath, to wit: "(I or T/e) designated as (weigher or weighers) will cor- rectly weigh ail grain or other commodities brought to (here designating the business and place of business) for storage or weighing, or which may be taken out from the same, and in all eases render to the person bringing or receiving the same, as the case may be, upon demand, a full, true and correct account of the weight thereof." Sec. 2. All persons engaged in the business in the foregoing section mentioned shall keep for and use in such business no other than true and correct scales and weights. Said designation and said oath shall thereupon and within the time aforesaid, be recorded in the office of the recorder of the county in which such business is to be or Is being carried on. No person, excepting the person or persons thus desig- nated and subscribing and recording such oath shall do any of the weighing of such business. Sec. 3. Every person engaged in the business in said section one mentioned, shall keep and use therein none but true weights, and scales; said weights must conform to the United States standard of weights. Sec. 4. The board of supervisors of the respective coun- ties of the state of California, hereby are authorized to appoint for their respective counties an inspector of weights and measures, who shall hold office at the pleasure of said board and receive such compensation as each board may allow, and whose duty it shall be from time to time to test and examine all scales and weights kept or used in the business in the foregoing sections mentioned, and report all violations of this act to the district attorney of such county, whose duty it shall be to prosecute all viola- tions hereof. Sec. 5. Every violation of this act shall be and is pun- ishable as a misdemeanor. Sec. 6. Besides the prosecution of the criminal actions herein provided for, every person defrauded by false or incorrect weighing shall be entitled to recover from the person owning or conducting such business as in the fore- going sections mentioned, in any court of competent juris- WEST SIDE IRRIGATION DISTRICT— WHITTIER SCHOOL. 1463 diction, three times the amount of such shortage in weight of the grain or other commodity so delivered or takea out by him. TITLE 537. ACT 4388. WEST SIDE IRRIGATION DISTRICT. Act creating. [Stats. 1875-6, p. 731.] Supplemented 1875-6, 885. Superseded by 1877-8. 468. Re- pealed as to Contra Costa and Alameda counties, 1877-8, 887. TITLE 538. ACT 4393. WHARFINGERS. In relation to warehouse and wharfinger receipts, and other matters pertaining thereto. [Stats. 1877-8, p. 949.] Cal.Rep.Cit. 75, 355; 108, 140; 108, 141; 111, 380. In full in Appendix to Civil Code, p. 778. TITLE 539. WHARVES. The Political Code, sees. 2906 et seq., 2520 et seq. and 2567 et seq., seems to liave superseded the old legislation on the subject of wharves. ACT 4398. Authorizing supervisors of counties to grant the right to construct wharves. [Stats. 1858, p. 120.] Amended 1869-70, 526; 1871-2, 908. Superseded by Political Code, sees. 2906 et seq. TITLE 540. ACT 4403. WHEATLAND. Incorporation of. [Stats. 1873-4, p. 351.] Amended 1875-6, 19; 1877-8, 441. Superseded by incorporat- ing, in 1891, under Municipal Corporation Act of 1883. Cal.Rep.Cit. 48, 565. TITLE 541. ACT 4408. WHITTIER STATE SCHOOL. To establish the Whittier Reform School for Juvenile 01- fenders. [Stats. 1889, p. 111.] Amended 1893, 328. Cal.Rep.Cit. 110, 653; 117, 536; 122. 296. In full in Appendix to Penal Code. p. 669. 1«64 WILMINGTON— WOMAN'S RELIEF CORPS. ACT 4409. To prevent evil disposed persons from coming upon the grounds of. [Stats. 1895, p. 92.] In full in Penal Code, Appendix, p. 688. ACT 4410. Relating to the commitments to the state school at Whit- tier and to the Preston School of Industry, fixing the authority to examine and commit to such schools with the superior court judges of the counties, and fixing the responsibilities from which commitments are made to the state for the maintenance of the persons committed therefrom; providing the manner of pay- ment therefor and fixing the responsibility of the par- ents to the counties from which their children are committed. [Stats. 1895, p. 122.] Cal.Rep.Cit. 138, 494. In full in Appendix to Penal Code, p. 686. TITLE 542. ACT 4415. WILMINGTON. Incorporating town of, [Stats. 1871-2, p. 108.] Amended 1871-2, 446. Sections 8 and 16 repealed, 1887, 108, 109. TITLE 543. ACT 4420. WOMAN'S RELIEF CORPS. To assist the Woman's Relief Corps Home Association to provide for ex-army nurses, and the worthy destitute widows, wives, mothers, and destitute maiden daugh- ters or sisters of veterans who served honorably in the war for the Union, and making an appropriation therefor. [Approved April 1, 1897. Stats. 1897, p. 447.] ACT 4421. Making an appropriation for the support of ex-army nurses and indigent widows, wives, mothers, and dependent daughters and sisters of Union veterans, who served honorably during the civil war, at the Woman's Re- lief Corps Home at Evergreen, Santa Clara County, California. [Approved March 26, 1903. Stats. 1903, p. 514.] WOODBRIDGK— YOLO COUNTY. 1465 TITLE 544. ACT 4426. WOODBRIDGE. Woodbridge, to prevent hogs and goats running at large iu. [Stats. 1875-6, p. 180.] Kepealed 1897. 198. TITLE 545. ACT 4431. WOODLAND. Reincorporating. [Stats. 1873-4, p. 557.] Amended and supplemented 1S75-6, 818. Amended 1877-8, 84, 447. Superseded by incorporating, in 1890, under Municipal Cor- poration Act of 1883. TITLE 546. ACT 4436. WRECKS. Concerning watercraft found adrift. [Stats. 1850, p. 156.] Superseded by Civil Code, sees. 1864-1872. ACT 4437. Concerning wrecks and wrecked property, [Stats. 1850, p. 173.] Superseded by Political Code, sees. 2403-2418. TITLE 547. ACT 4442. YACHT CLUBS. Authorizing the incorporation of yacht clubs. [Stats. 1869-70, p. 71.] Repealed by sec. 288, Civ. Code. See note to act 632, ante. TITLE 548. ACT 4447. YOLO COUNTY. Agriculture, protection of from trespassing animals. [Stats. 1873-4, p. 343.] Repealed 1877-8, 362. ACT 4448. Trespassing of animals in. [Stats. 1877-8, p. 360.1 Repealed by 1897, 98 ; 1901, 607. Gen. Laws— 62 1466 YOLO COUNTY. ACT 4449. To develop agricultural interests and aid the construction of a canal in Colusa, Solano, and Yolo counties. [Stats. 1865-6, p. 451.] ACT 4450. To provide for the drainage of certain lands in the coun- ties of Colusa and Yolo. [Stats. 1877-8, p. 1037.] ACT 4451. Regulating fees and salaries of officers of. [Stats. 1873-4, p. 420.] Amended 1875-6, 170, 566 ; 1877-8, 637. Repealed by County Government Acts, see 1897, 533, sec. 181. ACT 4452. Legalizing acts of public administrator of. [Stats. 1860, p. 207.] ACT 4453. Public road along boundary line between Yolo and Colusa counties, establishing. [Stats. 1873-4, p. 213.] ACT 4454. Roads and highways in. [Stats. 1873-4, p. 490.] Repealed 1883, 5, chap. X, sec. 2. ACT 4455. Providing for the distribution of school moneys in. [Stats. 1877-8, p. 1003.] Repealed by Political Code, sec. 1858. ACT 4456. Supervisors, terms of office and time of meeting of. [Stats. 1873-4, p. 304.] Superseded by County Government Acts, see 1897, 452. ACT 4457. Authorizing supervisors to levy taxes for county purposes. [Stats. 1877-8, p. 843.] Superseded by subd. 12, sec. 25, 1897, 460. ACT 4458. Quieting title to certain lands in. [Stats. 1871-2, p. 803.] ACT 4459. Quieting title to certain lands in. [Stats. 1S73-4, p. 492.] This act released the title of the state to the United SUtes and Its grantees. VOSEMITB5 VALLEY— YUBA CITY. 1467 ACT 4460. Quieting title to certain lands in. [Stats. 1873-4, p. 818.1 ACT 4461. Quieting title to land in. [Stats. 1877-8, p. 943.] By this act the state relinquished to one George Herget the title to a piece of land in Yolo County. TITLE 549. ACT 4460. YOSEMITE VALLEY. To provide for the management of the Yosemite Valley. [Stats. 1880, p. 44.] Amended 1885, 212. ACT 4467. To appropriate money for the survey, location, and con- struction of a free wagon road from the town of Mari- posa in Mariposa County, to the Yosemite Valley. [Approved March 26, 1895. Stats. 1895, p. 87.] ACT 4468. Appropriation for the purchase of certain roads within the- limits of. [Stats. 1889, p. 142.] This act appropriated money for the purchase of the "'Big Oak Flat and Yosemite Turnpike Road" and the "Yosemite and Wawona Road." ACT 4469. To provide for certain improvements in. [Stats. 1901, p. 818.] This act made an appropriation for an electric and a pumping- plant. TITLE 550. ACT 4474. YREKA. Incorporating Yreka. [Stats. 1857, p. 229.] Amended 1860, 313. Superseded by Incorporating, in 1888, under the statute of 1883. TITLE 551. YUBA CITY. To incorporate. [Stats. 1877-8, p. 783.] 1468 YUBA COUNTY. TITLE 552. ACT 4484. YUBA COUNTY. Marysville and Long Bar townships, act for protection of agriculture and to prevent the trespassing of animals upon private property. [Stats. 1875-6, p. 210.] Repealed 1897, 198. ACT 44S5. Trespassing of animals. [Stats. 1877-8, p. 360.] Repealed by astray laws of 1897, 98, and 1901, 607. ACT 4486. Lawful fences in. [Stats. 1863, p. 357.] Repealed 1S71-2, 700. ACT 4487. Defining a lawful and partition fence in. [Stats. 1871-2, p. 700.] ACT 4488. Salaries of officers. [Stats. 1873-4, p. 109.] Repealed by County Government Act, 1897, 553, sec. 194. Amended 1901, 777. ACT 44S9. Fees and salaries of certain officers. [Stats. 1875-6, p. 522.] Repealed by County Government Acts, see 1897, 533, sec. 19^. ACT 4490. Overflow, protection of lands from. [Stats. 1873-4, p. 223.] Amended 1877-8. 789. ACT 4491. Authorizing transcribing or records in . [Stats. 1856, p. 139.] ACT 4492. Providing for transcribing records in. [Stats. 1877-8, p. 212.] ACT 4493. Roads and highways of. [Stats. 1871-2, p. 72.] Repealed 1873-4, 11. ACT 4494. Road overseers and road poll taxes. [Stats. 1877-8, p. 157.] Repealed by Political Code, sees. 2642, 2652, as amended 1891, 474. 478. ACT 4495. Separate judges for Yuba and Sutter counties, creation of, and providing for payment of salaries. [Stats. 1897, p. 48.] LIST OF STATUTES, OTHER THAN THE FOUR CODES, REMAINING IN FORCE, AND OF THE AMENDMENTS THERETO, WITH REFERENCES TO DECISIONS RE- SPECTING THEIR CONSTITUTIONALITY. Note. — From this table are excluded all statutes which can no longer be regarded as of any substantial effect, either because directly or impliedly repealed by the Codes or, though neither repealed by them nor otherwise, which have accomplished their purpose and have no other effect than to justify acts long since done by their authority, sueh as appropriation bills, grants of franchises, or of rights for a limited period, or directions or authorizations to perform acts which have doubtless already been done, or to contract obligations which have been satisfied, and statutes creating and providing for the government of municipal corporations which have become in- operative by the reincorporation of the same municipalities by or under subsequent statutes, either general or special. 1S50. PAGE CHAP. 131 49 Concerning lawful fences. Repealed by the statute of 1855, p. 154, except as to the counties of Amador, Butte, Calaveras, Colusa, Klamath, Nevada, Placer, San Bernardino, San Diego, Santa Barbara, Shasta, Siskiyou, Trinity, Tuolumne, and Yuba counties. The statute of 1855 was afterward amended to include Butte, Calaveras, and Nevada. Special acts were passed relating to other counties, but the statute of 1850 has apparently not been repealed as to Amador, Klamath, San Diego, Santa Barbara, Siskiyou, and Trinity counties. 273 117 To provide for the incorporation of colleges. Amended 1855:110; 1867-8:69. 218; 1869-70:419; 1873-4:85; supplemented 1863:775; 1871-2:10. This and other acts relating to corporations were repealed by § 288 C. C, except that corporations pre-existing the code remain subject to the laws under which they were formed, but new corporations can not be created under such laws (Murphy v. Pacific Bank, 119 Cal. 334), and we apprehend that all amendments to them made after the enactments of the codes were invalid, or at least not applicable to any corporation formed after the adoption of ihat code, because thoy were to acta •which bad already been repealed. (1469) 1470 COMMISSIONERS' REPORT. PAGE CHAP. 1850 — Continued. 342 125 To abolish all laws except those passed during the present session. 347 128 An act concerning corporations. Amended 1851:424. 426; repealed 1851, p. 433, chap. IIS, sec. 31 ; amend- ed 1852:168; 1853: 87, 140, 169; 1854:162, 166 1858:57, 264; 1859:87; 1S61:84; 1862:17, 110, 125 1863:34, 747, 766; 1865-6:748; 1869-70:48, 402 1871-2:443; 1876:730; supplemented 1862:17; ex- tended 1857 :75. See note above to page 273, chap. 117. 1851. 185 18 Concerning costs in criminal actions removed before trial. Needham v. Thresher, 49 Cal. 392. 307 41 To provide for the disposition of certain property of the state. 445 122 To regulate rodeos. Amended 1852:102; 1855:163; lS5i:70; 1861:180; 1865-6:673; 1873-4:793; sup- plemented 1858:155. 515 131 Concerning judges of the plains. Amended 1857:158; 1863:497. 623 138 To provide for the formation of mutual insurance com- panies. See note to 1850, p. 273, chap. 117. 1S52. 147 75 To authorize persons engaged in the U. S. Coast Survey to enter upon lands vtrithin the state. 150 77 Granting right of way for railroad from Atlantic to Pacific. 158 82 Prescribing the mode of maintaining and defending possessory actions on public lands. Amended 1859:94; 1861:143. See Gray v. Dixon, 74 Cal. 508. 160 83 Costs of suit against the state. Superseded by C. C. P., § 1038. 166 92 Legalizing acknowledgments of deeds. 171 98 To provide for the incorporation of water companies. See note to 1850, p. 273, chap. 117. 1853. 62 44 Miners' licenses. Amended 1854:55; 1855:216; 1856: 141; 1857:60, 182, 360; 1858:302; supplemented. 1866:380. Doubtless unconstitutional, but see People V. Naglee, 1 Cal. 232; Lin Sing v. Washburn, 20 Cal. 544. 87 65 To provide for the formation of corporations for cer- tain purposes. Amended 1855:205 ; 1857:121; 1858: 133; 1859:93; 1863:736 ; 1863-4:149 ; 1869-70:132. 364; 1871-2:526. See note to 1850, p. 273, chap. 117. 114 73 To provide for the formation of wagon road corporations. Amended 1856:71. See chap. 65; also note last re- ferred to. 169 121 To provide for the formation of plank or turnpike cor- porations. Amended 1854:160; 1857:171, 280 ; 1858: 145, 265. See chap. 65. STATUTES REMAINING IN FORCE. 1471 PAGE CHAP. 1853 — Continued. 219 160 To provide for the sale of the interest of the stata In property within the water-front line in San Fran- cisco. Supplemented 1855:226; 1858:139. Uncon- stitutional in part (Guy v. Hermaner, 5 Cal. 73). 274 175 Amending act relating to corporations. See note to 1850, chap. 117. 1854. 21 9 To provide for permanent location of seat of govern- ment at Sacramento. Superseded by Const., art. XX, sec. 1. ?• 57 To create a board of commissioners and the office of overseer to regulate watercourses. (Applies only to Contra Costa, Colusa, Los Angeles, Napa, San Bainar- dino, San Diego, Santa Barbara, Solano, and Tulare counties.) Amended 1857:29; 1800:335; 1861:31; 1862:235. 1855. 146 119 To protect owners of crops, buildings, and improvements in the mining districts. Unconstitutional in part (Gillam v. Hutchinson, 16 Cal. 153). 154 129 Concerning lawful fences. Amended 1858:123; 1861: 510, 513; 1863-4:465; 1877-8:765; supplemented 1860:141. 1S5G. 54 47 For the protection of actual settlers and to quiet title to lands. In many respects unconstitutional (Biaings v. Hall, 7 Cal. 1; Lathrop v. Mills, 19 Cal. 513; Pioche V. Paul, 22 Cal. 105) ; and the parts not uncon- stitutional are probably superseded by the codes. 139 118 Authorizing transcribing of records in Yuba County. 206 135 Concerning the war debt of the state. 223 142 To aid officers in the Indian department. Amended 1857:186. The above-named statute is mentioned by the code commissioners at § 1346 without anything to indicate that they suppose it to be repealed by any of the codes. If, however, as Is indicated by the note to § 6 of the Penal Code, that section was intended to enumerate every act or omi.ssion made punishable, then _, this statute must have been subatautially, if not ab- solutely, repealed by that code. 1857. 75 80 To further extend the act concerning corporations. See note to 1850, p. 273, chap. 117. 76 82 To cede property to Eureka. 121 110 Supplemental to act for formation of corporations. Bee note to 1850, p. 273, chap. 117. 155 122 Granting swamp lands to Sacramento City. 159 135 Legalizing records of Solano County. 171 147 To authorize formation of plank road corporations. See note to 1850, p. 273, chap. 117. 200 177 To legalize certain conveyances. PAGE CHAP. 227 194 228 195 229 197 1472 COMMISSIONERS' REPORT. 1S57 — Continued. Restricting the herding of sheep in Sonoma and Marin counties. Amended 1858:165; 1859:119; 1S60:332; 1869-70:304; 1871-2:890; 1877-8:79. Conceraing certain records of San Joaquin County. Incorporating Yreka. Amended 1860 :313 ; superseded by incorporating in 1888 under the statute of 1883. 1858. 7 9 Incorporating town of Union. Amended 1869-70:414; 1873-4:280. Note — This is now Areata ; 1860:109. 40 56 Fences in Contra Costa County. Supplemented 1861:277. 57 68 Further extending act concerning corporations. Amend- ed and supplemented 1858:264. See note to 1850, p. 273, chap. 117. 65 82 Transcrlhing records of Napa County from Solano and Sonoma. 84 108 Legalizing conveyances made by the commissioners of the sinking fund. 108 143 Recorder of Butte County to make copies of certain records. Concerning lawful fences in Marin County. Supplemental to act concerning rodeos. Authorizing transcribing of records in Sutter County. Incorporating Coloma. Incorporation of water companies. Amended 1861:228. See note to 1850, p. 273, chap. 117. 264 298 Supplementary to act of 1S50 concerning corporations. Sse 1850, p. 273, chap. 117. 345 358 For the better protection of settlers on public lands. 1859. 24 35 Authorizing location of townsite of Crescent City. Amended, 1860:279; 1862:226. 26 36 Providing for the relinquishment to the United States of lands required for military or naval purposes. 66 85 Authorizing transcribing records in Solano County. 93 98 Supplemental to act of 1850 concerning corporations. See 1850, p. 273, chap. 117. 120 Authorizing transcribing records in Butte County. 147 To prevent stallions from running at large in Sacra- mento County. Extended and amended 1860:107; 1865-6:327; 1867-8:70; 1869-70:68; 1873-4:228; as to penal clauses, repealed by § 6, Penal Code ; and as to other provisions, probably repealed by estray law of 1897, p. 198, and 1901, p. 603. 151 150 Authorizing transcribing records of Tehama County from the records of Colusa County. 212 201 To legalize certain acknowledgments. 214 205 To improve the navigation of Petaluma Creek. Amended 1865-6:525. 263 262 Authorizing counties to become stockholders in railroad companies. Amended 1860:208. Repealed by Const, art. IV, sec. 31. 123 166 155 193 205 244 207 248 218 262 149 82 112 109 141 141 173 155 190 STATUTES REMAINING IN FORCE. 1473 PAGE CHAP. 1859 — Continued. 279 266 Concerning lawful fences in San Bernardino, Colusa, Shasta, Tehama, and Placer counties. Extended to Yuba County, 1863:357. 281 267 Authorizing incorporation of rural cemetery associa* ticns. Amended 1863-4:12; 1891:264; 1899:36. See 1850, p. 273, chap. 117. 298 272 Regulating salmon fisheries on Bel River. 334 305 Ceding jurisdiction to the United States over lands near Lime Point. 1S60. 11 21 Authorizing transcribing of records in San Luis Obispo County. 16 29 For relief of purchasers at sales made by public adminis- trators. Legalizing records in San Bernardino County. Authorizing transcribing of records in Sonoma County. Lawful fences, supplementing statute concerning. Authorizing American Water and Mining Company to extend its works. Amended 1871-2:471. 175 212 Providing for conveyance of mining claims. Amended 1863:98; probably repealed by § 1091, etc., C. C. If not, then modified as to corporations by 1880:131. 182 220 Board of water commissioners for Merced County. 207 238 Legalizing acts of public administrator of Yolo County. 287 308 Providing for disposal of lots in towns on the public lands in Mendocino County. Superseded by 1867-8: 487. 1861. 41 51 In reference to corporations organized to mine outside of the state. Doubtless repealed by § 288 C. C, except as to pre-existing corporations. See 1850, p. 73, chap. 117. 121 129 For the relief of Marin County. 139 142 Concerning officers. Repealed by Pol. C. § 831. 153 156 Incorporating Grass Valley. Amended 1862:98 ; 1863-4: 57; 1865-6:363; 1869-70:16. 47; 1877-8:192; re- pealed by new charter 1893:628. 180 187 Amending the act relating to rodeos. 183 190 For the appointment of commissioners in equity. Re- pealed by Political Code and Code of Civil Procedure. 277 281 Fences in Contra Costa County, supplementing statute of 1858. 371 365 Legalizing grants of lands in city of Santa Barbara. Supplemented 1862:495; amended 1863:47. 380 375 Concerning telegraphic messages. Superseded by statute of 1862:288. 507 448 Legalizing certain records of Santa Clara County. 510 453 Fences. Amending and supplementing statute of 1855. 523 468 To restrict the herding of sheep. Amended 1865-6:56. 633 485 For the protection of water companies. Superseded by Penal Code. See §§ 499, 592, 607, 625. 1474 COMMISSIONERS' REPORT. PAGE CHAP, ISei — Continued. 567 503 To authorize formation of liomestead corporations. Re- pealed. See 1850, p. 273, chap. 117. Supplemented 1873-4: 525. 607 532 To provide for Incorporation of railroad companies. Re- pealed. See 1850, p. 273, chap. 117. 1SG2, 52 62 Authorizing transcribing of records in Shasta County. Amended 1863:21. 53 63 Authorizing transcribing of records in Sonoma County. 151 158 Concerning construction and repair of levees in Sacra- mento County. Amended 1862:459, 548; 1863:468. 164 165 Authorizing transcribing of records in Trinity County. Amended 1863:22. 199 187 For the formation of savings corporations. Amended 1863-4:158,531; 1865-6:626; 1869-70:130; 1871-2: 132; supplemented 1867-8:459, but repealed by § 288, C. C. ; and even as to pre-existing corporations modi- fied by the codes and the constitution. (McGowan v. McDonald, 111 Cal. 57.) 217 203 Relating to commissioners of the funded debt of San Francisco. Amended 1863:69; time extended 1863-4: 474. 288 262 For regulating telegraphs, etc. Amended 1863-4:232; as to penal provisions superseded by Penal Code (see §§ 619-621, 680; C. C. § 1017); but § 14, relating to contracts and communications, probably remains in force. 490 369 To restrict the herding of sheep in certain counties. 498 371 Supplementing statute concerning railway corporations. Repealed by § 2SS, C. C. See 1850, p. 273, chap. 117. 540 417 Authorizing incorporation of canal companies. Amended 1865-6:53, 604, 786; 1867-8:134. See 1850, p. 273, chap. 117. 552 432 Granting to United States all lands within Indian reser- vations. 1SG3. 11 8 Concerning Spanish records in Santa Clara County. 101 94 Concerning Independent Order of Good Templars. Sea § 288 C. C. 211 160 Reincorporating Placerville. Amended 1863-4:493; 1871-2:431. 326 244 Authorizing relocation of route of Central Pacific Rail- way. 357 274 Lawful fences in Yuba County. Repealed 1871-2:700, chap. 472. 359 278 Providing for the retention of the hides of slaughtered cattle in certain counties. Amended 1863-4:261; probably superseded by 1893:325. 487 325 Authorizing conveyances to South San Francisco Home- stead and Railroad Association. 560 362 Conferring further powers on board of supervisors of San Francisco. Remained in force (San Francisco v. Kiernan, 98 Cal. 614) until superseded by the char- ter of that city (1899:309). 187 187 SOS 295 318 310 344 320 441 388 443 389 STATUTES EEMAINING IN FORCE. 1475 PAGE CHAP. 1863 — Continued. €24 464 Concerning library associations. Amended 1869-70:366; repealed by § 2S8, C. C. See 1850, p. 273, chap. 117. 1863-4. 76 76 Authorizing mining corporations to change their place of business. Superseded by § 321 C. C, enacted 1875-6. 84 83 Legalizing records of Placer County. 87 89 Board of water commissioners for San Bernardino County. Amended 1865-6:93. 109 120 Authorizing mining companies of Aurora, Nevada, to re- move their place of business to California. 167 174 Board of commissioners for Kaweah River, Tulare County, Amended 1865-6:314. To legalize acts of county recorders and auditors. Concerning corporations, legalizing defects in incorpora- tion. Lawful fences in Nevada County. To aid construction of Central Pacific Railroad. Incorporating Markleeville. To settle land titles in the town of Branciforte, Santa Cruz County. 463 407 To authorize sale and conveyance of lands In San Fran- cisco to Golden City Homestead Association. 471 417 To aid in carrying out the provisions of the Pacific railroad and telegraph act of congress. 475 424 Lawful fences in Tuolumne County. 482 436 Authorizing sale and conveyance of lands in San Fran- cisco to North San Francisco Homestead and Kailroad Association. 500 452 Transcribing records of Napa County. 1865-6. 23 37 Supplementary to the act concerning corporations. Re- pealed except as to corporations existing prior to the adoption of the codes by § 288 C. C. 66 91 Concerning costs in San Francisco. Amended 1871-2: 93 ; perhaps in force as to plaintiff's costs (Fanning v. Leviston, 93 Cal. 188 ; Golden G. L. Co. v. Sahr- bacher, 105 Cal. 114) ; repealed 1895, p. 267 (Miller v. Curry, 113 Cal. 644), as to fees named in that act; repealed 1903:253. 79 98 For the protection of property in San Francisco from conflagration, and conferring powers on underwriters. Amended 1867-8:280; superseded by charter of San Francisco, art. IX, chap. 5. 102 120 Providing for the construction of a telegraph line be- tween the Atlantic and the Pacific. 107 124 To settle land titles In Benicia. 163 183 Apportioning the fees between district attorneys and their successors. Amended 1865-6:325; superseded by county government and other acts requiring officers to pay their fees into the county treasury. 191 198 Authorizing executors of Joseph L. Folsom to sell and convey real estate. 1476 COMMISSIONERS' REPORT. PAGE CHAP. 1865-6 — Continued. 214 214 For establishing and maintaining an almshouse In San Francisco. Amended 1867-8:427; superseded by the charter of that citj-. 216 216 Incorporating San Buenaventura. Superseded by 1873- 4:54, reincorporating. 308 276 Providing for the construction of a telegraph line from San Jose to San Bernardino. Amended 1867-8:530. 312 281 Providing for the preservation of papers relating to Spanish land claims. 322 289 For the better protection of stockraisers in Fresno, Tu- lare, Monterey, and Mariposa counties. See 1893 :235. 332 301 Concerning marks and brands in Siskiyou County. 372 325 Incorporating town of Meadow Lake. 451 368 To develop agricultural interests and aid the construc- tion of a canal in Colusa, Solano, and Yolo counties. 458 376 Concerning assessments of stock in corporations. Sup- plemented 1869-70:229. In force only as to corpora- tions existing before the codes (§ 228 C. C). 469 386 Providing for the formation of chambers of commerce, boards of trade, mechanics' institutes, etc. Amended lS67-8:5; 1885:76, but repealed by § 288 C. C. See 1850, p. 273, chap. 117. 609 470 Creating board of wacer commissioners for Siskiyou County. 637 498 To prevent destruction of fish in Bolinas Bay. 038 500 Legalizing proceedings of trustees of town of Santa Bar- bara. 673 518 Supplemental act concerning rodeos. Repealed as to Fresno, 1873-4:793. 687 525 Authorizing sales and conveyances by commissioners of the funded debt of San Francisco. 743 543 Relating to fire and marine insurance companies. Amend- ed 1867-8 :330. Repealed by § 288 C. C. See 1850. p. 273, chap. 117. 752 546 Providing for incorporation of mutual insurance com- panies. Amended 1S67-S, 3S0, 661; 1880:229, but repealed by § 288 C. C. See 1850, p. 273, chap. 117. 777 556 Creating board of water commissioners for Fresno Coun- ty. Amended 1875-6:547. 824 596 In relation to probate sales. Unconstitutional (Pryor v. Downey, 50 Cal. 388.) 848 621 Concerning oyster bods. Repealed 1873-4:940. 855 630 Granting rights of way for highways. 857 633 Concerning trout in Siskiyou County. Modified by Penal Code, §§ 628, 632. 18G7-S. S 14 Authorizing trustees of the city of San Diego to convey lands to the United States. 13 22 To prevent destruction of fish in Napa River and Sono- ma Creek. Amended 1871-2:441. 112 85 Concerning water ditches and privileges in Tulare County. 127 149 To provide for the drainage of Sacramento City, and of swamp land district number two. Amended 1S69-70: 127 ; 1871-2:854. STATUTES REMAINING IN FORCE. 1477 PAGE CHAP. 1867-8 — Continued. 148 172 For the payment of street assessments against the property of the United States in San Francisco. Re- pealed by the charter of that city (art. VI, chap. 2, sec. 8). 201 208 Concerning ancient Jewish order of Kesher shel Bai"Sel. Repealed, § 288 C. C. See 1850, p. 273, chap. 117. 204 214 Providing for the incorporation of institutions of learn- ing, science, and art. Repealed, § 288 C. C. See 1850, p. 273, chap. 117. 245 243 To settle title to lands in San Luis Obispo County. 248 245 To create and organize the University of California. Amended 1!>71-2:C55; probably repealed by the code, but if so, revived and made irrepealable by § 9, art. IX, of the constitution of 1879. 310 288 Concerning order of B'nai B'rith. Repealed by § 288 C. C. See 1S50, p. 2i3, chap. 117. 316 293 To provide for the protection of certain lands in Sutter County from overflow. Amended 1871-2:307; supple- mented 1871-2:734. Unconstitutional as to § 21 (Brandenstein v. Hoke, 101 Cal. 131; Wilson v. Supervisors, 47 Cal, 91). 323 296 Prescribing conditions for transacting insurance business. Supplemented 1869-70:321; repealed, except as to pre-existing corporations, by § 2S8 C. C. 335 299 Ceding lands to Crescent City. Amended 1869-70:131. 355 315 To provide for an open canal through Channel Street in San Francisco. 356 317 Declaring lalais Creek in San Francisco navigable. Re- pealed by § 2349 Pol. C. ; jurifadiction given to Harbor Commissioners (sec. 2, Stat. 1877-8, p. 203). 379 331 Confirming order 800, quieting title to lands in San Francisco. See also 1SG7-S:il0. 383 332 Reincorporating Petaluma. Amended 1871-2:48; 1873- 4:23, 357, 7u3, 865; 1875-6:288; superceded in 1884 by incorporating under the statute of 1883. 411 343 Incorporating Redwood City. Amended 1869-70:364; 1871-2:712, 742; superseded by incorporating in 1897 under the statute of 1883. 459 372 Supplemental to the act for formation of savings cor- porations. Repealed by § 288 C. C. See 1850, p. 273, chap. 117. 487 401 Authorizing town authorities to execute certain trusts. Amended 1871-2:237. 554 431 For the better protection of the state treasury. Doubt- less superseded by § 457 Pol. C, but nevertheless amended by statute of 1895, p. 65. chap. 54. 655 483 Giving ellect to the net of congress relating to the Califoniia and Oregon Railroad Company. 671 499 Granting certain rights and privileges to California Pacific Railroad Company. 688 522 Incorporating WatsonviUn. Amended 1873-4:43; 1875- 6:5il; 1877-8:363; superseded by incorporating in 1889 under the statute of 1883. 1478 COMMISSIOXERS' REPORT. PAGE CHAP. 1867-8 — Continued. 692 523 Authorizing the county judges to execute certain trusts in relation to town lands. Amended lS73-4:37; 1885: 115. 1SG9-70. 64 58 To legalize the name of Lake Bigler. 71 72 Authorizing the incorporation of yacht clubs. Re- pealed by § 288 C. C. See note to 1850, p. 273, chap. 117. 107 116 Relating to certificates of incorporation. Repealed by § 288 C. C. See note to 1850, p. 273, chap. 117. 148 144 To regulate fees and salaries of certain officers. Amended 1869-70:677. 680; 1871-2:140, 178, 188, 219, 910; 1873-4:102, 204, 212, 885; 1875-6:134; 1877-8:134, 738. Repealed, as to the salaries and fees therein named, by the various coimty govern- ment acts, commencing with 1883:299, and ending with 1897:452; repealed by fee bill of 1895:267, as to the oflfcers therein named ; also repealed as to sundry counties by special acts relating to them. (Swinner- ton V. Monterey Co., 76 Cal. 115; Sacramento Co. v. Colgan, 114 Cal. 246; County of Yolo v. Colgan, 132 Cal. 265.) 198 145 Regulating fees and salaries in El Dorado County. Amended 1869-70:747; 1871-2:412, 592, 894; 1873- 4:710. Repealed as to the fees and salaries therein named by the various county government acts and the fee bill of 1895:267. 213 146 Confirming ordinance 840 of the supervisors of San Francisco. 235 173 To provide a law library in San Francisco. Amended 1880:40. See chap IX, art. V, charter of San Fran- cisco, 1899:284. 241 175 Regulation of sailor boarding-houses and shipping offices in San Francisco. 245 176 Incorporating town of San Juan. Superseded by incor- porating, in 1896, under the statute of 1883. 249 179 Regulating fees and salaries in Siskiyou Coimty. Amended 1873-4:188, 719. See note to p. 148, chap. 144, of this year. 263 180 Incorporating Gilroy. Amended 1871-2:356; 1875-6: 724. 285 186 In relation to the county officers of Sierra County. See note to p. 14S, chap. 144. 325 224 To prevent destruction of fish and game in the waters of Lake Merritt, Alameda County. 352 243 Legalizing applications to purchase state lands. 353 249 To expedite the settlement of land titles in San Fran- cisco. 364 254 Supplemental to an act concerning corporations. Re- pealed by § 288 C. C. See note to 1850, p. 273, chap. 117. 389 271 Concerning county clerk and surveyor in Los Angelea County. See note to p. 148, chap. 144. 409 310 Legalizing conveyances of pueblo lands in San Diego. STATUTES REMAINING IN FORCE. 1479 PAGE CHAP. 1869-70 — Continued. 413 313 Legalizing proceedings of city of Sonoma relating to pueblo lands. 437 333 Regulating fees and salaries in San Luis Obispo Coun- ty. Amended 1871-2:425; 1875-6:912. See note to p. 148, chap. 144. 471 354 Incorporating town of Hornitos. 473 356 Defining limits of Santa Rosa. 523 380 For tlis formation of savings, etc., associations. Re- pealed by i 288 C. C. See note to 1850, p. 273, chap. 117. 562 400 Incorporating the fire department of San Jose. See charter of that city, 1897:624. 582 422 Concerning records in Sonoma County in a foreign lan- guage. 584 425 Lawful fences in El Dorado County. 585 426 Home of Inebriates in San Francisco. Repealed 1895: 76, 201. 645 443 Concerning watercourses in the city of Los Angeles. 660 454 Authorizing incorporation of canal companies. Sup- plemented 1871-2:732, but repealed, except as to pre-exiating corporations, by § 288 C. C. 666 458 Legalizing grants of town lands in Santa Barbara County. 658 460 For the endowment of the University of California. 686 470 Incorporating Brooklyn. Amended 1871-2:409. 723 494 To secure a lien on livestock kept, fed, or pastured. (Johnson v. Perry, 53 Cal. 351). 726 497 Concerning societies of Improved Order of Red Men. See note to 1850, p. 273, chap. 117. 779 522 Transcribing records of Santa Clara County. 802 538 Providing for improvement of public parks in San Fran- cisco. Amended 1871-2:706; superseded by charter of San Francisco, 1899:354. 815 548 Concerning gas companies. Repealed 1895:191 (Const., art. XI. sec. 19). 822 553 Corporations for trading, manufacturins, mechanical, and other lawful purposes. Repealed by § 288 C. C. See note to 1850, p. 273, chap. 117. 881 678 Concerning foreign corporations. In many respects su- perseded by 1871-2:826, as amended by 1899:111. 883 579 Giving eli'ect to act of congress relating to the Southern Pacific Railroad Company. JS71-S. 4 4 Alameda County road tax in Oakland. Superseded. Road taxes can no longer be levied within municipal corporations. (Co. Gov. Act, 1897:466. Miller v. County of Kern, 24 Cal. Dec. 478). 5 6 Petaluma, city of, powers and duties of board of educa- tion of. §§ 6 and 15 amended, and §§ 16 and 17 repealed, 1875-6:121. Two sections numbered 16 and 17 added, 1877-8:291. This city was reincor- porated in 1884 under the statute of 1883. 10 7 Sonoma, city of, defining boundaries. Superseded by incorporation of the city under Mun. Gov. Act of 1883. 1480 COMMISSIONERS' REPORT. PAGE CHAP. 1871-2 — Continued. 10 8 Colleges, Incorporation of, supplementing act of April 20, 1850, p. 117, all sections of whicli supplement were amended 1873-4:85, but the original act was repealed by C. C. § 649, etc. 11 9 Chico, statute incorporating. Amended 1871-2:248; amended and supplemented 1873-4:213; further amendments and supplemental matters, 1875-6 :22 ; 1877-8:456; 18S7:63. Superseded by incorporating in 1S95, under Mun. Gov. Act of 1883. 21 17 Merced County, public administrator, bonds of. Super- seded by Co. Gov. Act, 1897:475. 24 20 Notaries public for Solano County. Superseded by Pol. C. § 791. 33 28 Notaries public, additional for Placer County. Super- seded by Pol. C. § 791. 36 32 Stanislaus County, superintendent of schools, act to proviae ofiQce for. 35 33 San Luis Obispo County; county and probate courts. fixing terms of. Repealed by amendment to codes, 1877-8:94. 36 35 Butte County, additional notaries public. Repealed by Pol. C. § 791. 37 36 Los Angeles County, grand jurors, fees of. Probably repealed by the provisions of the constitution dis- pensing with county courts ; or, at all events, super- seded by the fee bill of 1895:273, providing for jurors' fees. (Miller v. Curry, 113 Cal. 644; Hilton v. Curry, 124 Cal. 84). 38 38 Controller authorized to issue duplicate warrants to O. P. Fitzgerald. Repealed 1871-2:537. 46 46 Contra Costa County, additional notaries public for. Superseded by Pol. C. § 791. 46 47 San Francisco, additional fees for city and county attor- ney and his assistants. Superseded by § 12, 1885:157. 50 53 Municipal Corporations Act, enabling them to annex adjacent propertj". Repealed 1873-4:535. 54 58 State board of examiners to invest certain moneys. Re- pealed 1883:25. 55 59 State geological survey, distribution of reports of. Sup- plemented 1871-2:924. 68 61 San Francisco county clerk, act in relation to. See charter of San Francisco, sec. 14, art. XVI, and sec. 3, chap. 6, art. V. 59 62 Life insurance, forfeiture of policies of, act regulating. Repealed by amendment to codes 1877-8:83. 62 67 Los Aneeles, county judge, salary of. Repealed by con- stitution of 1879, which abolished the ofSce. 63 68 To provide for the lS3 :5, chap. 10, sec. 2, and by PoL C. §§ 2642, 2G52. 441 332 Lake County, extermination of squirrels in. Superseded by subd. 26, sec. 25, Co, Gov. Act, 1897 :465. 442 333 San Francisco, licenses in. Superseded by charter of San Francisco. 451 335 San Luis Obispo County, fees and compensation of dis- trict attorney of. Superseded by Co. Gov. Acts, see 1897 :527, § 176. 452 337 Modoc County, terms of county and probate courts. Re- pealed by constitution of 1879, abolishing the courts. 455 342 Authorizing the construction of a bridge across the Tuolumne River at Modesto. 468 345 West Side irrigation district, creating. STATUTES REMAINING IN FORCE. 151S PAGE CHAP. 187T-8 — Continued. 530 327 Reclamation district No. 54, Sacramento County, ratify- ing. 631 348 Reclamation district No. 252, establishing. 533 351 Hastings College of Law, creating. Superseded by amend- atory act of 1S83 :26, chap. 20, but this act was pro- nounced unconstitutional in People v. Kewen, 69 Cal. 215. 535 352 Oleomargarine, to prevent sale of as butter. Probably repealed by 1883 :20 ; if not, it is superseded by 1895 : 41, chap. 381. and 1897:65, chap. 75. 585 353 Justice, John D., to cure defects In application of, to purchase lands. 536 364 Amador County, to prevent trespassing of goats in. 540 359 San Diego County, funding indebtedness of. 544 361 San Francisco, repair of streets and sewers of. 'Super- seded by charter of that city. 544 362 Marin County, election of road overseers in. Repealed by Pol. C. § 2612. 545 363 El Dorado County, improvement of roads in. Repealed 1883 :5. chap. 10, sec. 2. 547 364 Plumas County, in relation to certain officers of. Re- pealed by Co. Gov. Acts, see 1897 :565, § 206 ; never went into effect (Whiting v. Haggard, 60 Cal. 513). 650 365 Napa County, supervisors to transfer a certain fund. Superseded by subd. 18, sec. 25, Co. Gov. Act, 1897 : 463. 651 367 Nevada County, regulating salaries of officers of. Re- pealed by Co. Gov. Acts, see 1897 :524, § 173. 658 374 Tulare County, board of health, establishing. Super- seded by subd. 20, sec. 25. Co. Gov. Act, 1897:464. 559 375 Kern and Tulare counties, traveling fees of sheriffs of. Repealed by fee bill of 1895:269. 561 378 Independent Order of Odd Fellows, authorizing trustees to •lease a lot in San Francisco. 562 389 Reclamation district No. 317, creating. 583 380 Colusa County, additional powers of supervisors. Re- pealed by Co. Gov. Acts, see 1897:452. 563 381 San Bernardino County, regulating and protecting bee- keeping in. 564 382 Santa Cruz County, juries in justices' courts and wit- nesses in courts of record. Repealed by fee bill of 1895 :273. 667 384 Butte County, sheriff, act concerning. 567 385 Colusa County, to confer certain powers on supervisors of. Repealed by the Co. Gov. Acts, see 1897 :452. 569 387 Colusa County, fixing amount of official bonds in. Re- pealed by Co. Gov. ActH, see 1897 :475, § 66. 669 389 Napa County, providing for the building and furnishing of a court-house and jail in., 574 391 Los Angeles County, fees and salaries in. Reiiealed bjr Co. Gov. Acts, see 1897 :496, S 159, and by the fee bill of 1895 :267. 579 393 San Francisco, to establish and maintain a free dis- pensary in. Superseded by charter of that city. 1520 COMMISSIONERS' REPORT. PAGE CHAP. 1877-8— Continued. 580 394 Swamp land district No. 70, to reorganize. Amended 1891:62. 586 398 San Bernardino Countj', to authorize the construction of a wagon road in. 591 400 Setting ofi southwestern portion of Sutter Island, in Sac- ramento County, for school purposes. 592 401 Calaveras County, constables of, fees of. Repealed by fee bill of 1895:267. 593 403 Scott's Valley school district, Siskiyou County, authoriz- ing trustees of to borrow money. 596 404 Tuolumne County, to provide for, care, and maintenance of indigent sick of. Superseded by subd. 5, sec. 25, Co. Gov. Act, 1897 :458. 598 408 Alameda County, pronibiting destruction of fish in. 599 410 Alameda, town of, to provide funds for school department of. 601 411 Kings River, to prevent destruction of flsh in. 601 412 Sherman Island, for the protection of roads on. 604 415 Establishing a scale for the measurement of logs. Amend- ed 1880:119. 614 417 Oakland, opening of streets in. Probably superseded by the Vrooman act, 1885:147. 620 418 San Jose, providing for the opening, widening, and ex- tending of streets in. Probably superseded by the Vrooman act, 1885:147. 630 424 San Francisco, ratifying resolution 11,900 of supervisors of. 630 425 Clear Lake, in Lake County, declared navigable. See Pol. C. § 2349. from which this lake is omitted, and this statute, apparently, thereby repealed. 630 426 San Francisco, to provide for the payment of certain salaries in. Superseded by charter of that city. 634 429 To provide a system of irrigation, promote rapid drainage, and improve the navigation of the Sacramento and San Joaquin rivers. Amended 18S9 :328, chap. 218, which renders the statute inoperative. 639 434 Sacramento, city of, relative to board of trustees. Super- seded by charter of that city, 1893 :545. 640 437 Alameda County, supervisors to establish a receiving hos- pital in Oakland. 682 441 Ivy Avenue, San Francisco, to close. 683 444 To regulate fees in certain counties. Repealed by the fee bin of 1895:267. 685 445 Lake County, to prevent sheep and goats from running at large in parts of. Probably repealed 1897:198. 685 446 San Francisco, reorganizing the paid fire department of. Superset: ;d by charter of that city. 692 447 Sonoma County, division fences in. 695 449 To prohibit and punish the sale of adulterated syrup. 695 450 To protect stockholders and persons dealing with cor- porations. 700 457 San Mateo County, to confer powers upon supervisors Of. Repealed 18S1 :21. STATUTES REMAINING IN FORCE. 1521 PAGE CHAP. 1877-8 — Continued. 701 458 San Luis Obispo County, regulating fees of recorder of. Repealed by Co. Gov. Acts, see 1897:527, § 176. 701 459 San Luis Obispo, city, streets and roads in. Modified by Pol. C. § 2642, abolishing the ofiice of road overseers; superseded by incorporation, in 1884, under Mun. Corp. Act of 1883. 703 461 Amador County, to provide for the location, construction, and maintenance of roads in. Repealed 1883 :5, chap. 10, sec. 2. 712 462 Dixon, incorporating town of. Superseded by incorpora- tion, in 1884, under Mun. Corp. Act of 1883. 732 470 Yuba, Sutter, and Placer counties, to organize a levee district in. 736 473 Alameda County, supervisors, to fix the pay of. Re- pealed by Co. Gov. Acts, see 1897 :501, § 160. 736 474 Monterey County, to legalize certain records of. 740 481 Creating a board of bank commissioners. Amended 1887 : 90; 1895:172; 1901:30; repealed 1903:73. 746 482 Lake Bigler, preservation of fish in the waters of. 746 483 To provide for the distribution of school moneys in certain counties. Repealed, see Pol. C. § 1858. 747 484 Giving a lien to loggers and laborers employed in logging camps. Amended 18S0 :3S ; 1SS7 :53. 752 487 Court-house school district, Sonoma County, to re-estab- lish. 758 488 National Guard, to define the duties of inspectors of rifle practice. Probably repealed by Pol. C. § 2008, adopted 1897. 759 490 To provide for a convention to frame a new constitution. 773 496 San Joaquin County, to encourage destruction of squirrels and gophers in. Superseded by subd. 26, sec. 25, Co. Gov. Act, 1897:465. 777 501 Santa Barbara, laying out, opening, and improving streets in. Unconstitutional (Boorman v. Santa Barbara, 65 Cal. 313) ; superseded by Vroonian act, 1885:147, and by the charter of Santa Barbara, 1899:450. 778 502 El Dorado County, fixing the salaries of certain officers in. Repealed by Co. Gov. Acts, see 1897:549. § 190. 779 503 Humboldt County, providing for the scaling of logs in. 782 504 Colusa County, Justices of the peace in. Repealed by fee bill of 1805 :272. 782 506 San Joaquin County, salary of county Judges of. Re- pealed by the constitution of 1879, abolishing the office. 783 508 Yuba City, to incorporate. 787 509 To provide for the extermination of squirrels in certain counties. Repealed 1880:7. 796 513 To supply the town of Oroville with water for fire pur- poses. 799 514 Declaring Smith River navigable. Superseded by Pol. C. § 2349, as amended 1891. 799 515 San Mateo County, terms of court in. Repealed by con- stitution of 1879, abolishing the courts named. .1522 COMMISSIONERS' REPORT. PAGE CHAP. 1S77 S — Continued. ,799 516 San Bernardino County, to divide into supervisor dis- tricts. Repealed by Co. Gov. Acts, see 1897 :452. 802 518 Tehama Street, San Francisco, to provide for the opening and extending of. 812 520 For the protection of children. 813 521 Act relating to children. 815 523 Contra Costa County, to provide for the extermination of squirrels in. Superseded by subd. 26, sec. 25, Co. Gov. Act, 1897 :465. 820 526 To create Modesto irrigation district. 829 531 Van Ness Avenue, San Francisco, to provide for the im- provement of. 831 532 To define judicial districts in San Francisco. Repealed by the constitution of 1879, abolishing the district court. 835 535 Relating to advances made to agents intrusted with goods. Repealed 1880:120. 837 536 Merced County, collection of poll taxes in. Repealed by Pol. C, § 2652. 841 539 To provide for the construction of a railroad from lone to Sutter Creek or Jackson. 843 541 Yolo County, authorizing supervisors to levy taxes. Su- perseded by subd. 12, sec. 25, 1897:460. 852 550 To confer upon Sacramento city the power to construct canals and levees. See charter of Sacramento, 1893 : 547, § 70. 853 551 To organize levee district No. 1, Sacramento County. Amended 1880 :65. 859 552 Fresno County, to provide for the maintenance of roads In. Repealed 1883 :5, chap. 10, § 2. 863 553 In relation to oflfieers of Monterey County. Repealed, except as to county surveyor, by fee bill of 1895 :267, and the Co. Gov. Acts, see 1897 :526, § 175. See Speegle v. Joy, 60 Cal. 278. 879 558 To enable the supervisors of San Francisco to increase the police force. Amended 1877-S :965 ; superseded by 1SS9 :108, and the charter of that city. See Clark V. Police Commissioners, 123 Cal. 24. 883 561 Defining and providing for the organization of co-oper- ative business corporations. Superseded by 1895 :221. 888 565 To incorporate the town of Berkeley. Superseded by the charter of Berkeley. 1895 :410 (Miner v. Jus- tices' Courts, 121 Cal. 264). 909 567 Creating reclamation district No. 254. 911 569 Relating to reclamation district No. 205. Repealed 1880:25. 915 575 Conferring further powers on the board of supervisors of San Francisco. Repealed 1880 :76. 922 580 Relative to the powers and duties of the sheriff ol Alameda County. Modified by Co. Gov. Acts, see 1897 :501, § 160. 931 587 Establishing the grade of Vallejo Street, in San Fran- cisco. PAGE CHAP. 931 588 932 591 942 592 943 593 943 594 944 597 946 599 STATUTES REMAINING IN FORCE. 1523 1877-8 — Continued. Authorizing the grading of Bay Street and the changing of its grade. Establishing and opening Montgomery Street south. To provide for the payment of certain bonds of Alameda County. Quieting title to land in Yolo County. Authorizing the construction of a sewer in San Fran- cisco. To enable railroad companies to complete their roads. In relation to the police judge of San Luis Obispo. Superseded by incorporation, in 1884, under the Mun. Corp. Act of 1883. 947 601 To create a municipal court of appeals in San Francisco. Repealed by the constitution of 1879, abolishing the court. 949 60V Relating to warehouse and wharfinger receipts. 950 608 Fixing the compensation of sheriffs of Alameda County. Repealed by Co. Gov. Acts, see 1897:501, § 160. 951 609 For the relief of taxpayers whose lands have been sold to the state. Probably superseded by 1880 :9, chap. 11, and by Pol. C. § 3780, as amended 1895 :328. 953 611 In relation to the House of Correction of San Francisco. Repealed 1893 :5. 955 613 Imposing a tax on certificates of stock in corporations. Repealed 1897 :243. 958 619 To provide a sufficient number of deputies for the county assessor of Santa Cruz County. Repealed by the Co. Gov. Acts, see 1897 :452. 959 620 To confer additional powers on the board of supervisors of San Francisco. Superseded by the charter of that city. 961 622 Closing part of Elm Street in San Francisco. 963 626 To authorize managers of orphan asylums to give their consent to the adoption of children. See C. C. § 224, amended 1895 :39. 963 638 Authorizing supervisors of Amador County to declare a toll road. 964 629 In relation to certain streets In the town of Alameda. 966 633 To chanse the grade of certain streets in San Francisco. 967 635 To extend the jurisdiction of the park commissioners to a certain highway. 969 641 To create the office of commissioner of transportation, etc. Repealed by the constitution of 1879. 987 643 Creating Sacramento River drainage district. 998 646 Concerning roads and highways in Monterey County. Repealed 1883 :5, chap. 10, sec. 2, and by the County Government Acts. 1003 652 Providing for the distribution of school moneys in Yolo County. Repealed Pol. C. § 1858. 1010 654 To attach a portion of Kings River Switch school dis- trict to Kingsbury school district. 1020 659 To prevent hogs and goats from running at large in Plymouth, Amador County. Probably repealed 1897 : 198. 4 5 5 7 S 14 9 17 1524 COMMISSIONERS' REPORT. PAGE CHAP. 1877-8 — Continued. 1020 660 To authorize the transfer of certain funds In Sutter County. 1021 662 To provide for the election of supervisors in Mendocino County. Repealed by the Co. Gov. Acts, see 1897 :452. 1023 664 To fix the salary of the clerk of the mayor of San Francisco. Superseded by charter of that city. 1024 665 To provide for the establishment and maintenance of roads in Napa County. Repealed 1S83 :5, chap. 10, sec. 2. 1037 670 To provide for the drainage of certain lands in the counties of Colusa and Yolo. 1046 672 For the funding of the bonded indebtedness of El Dorado County. 1050 673 To protect the public health from infection caused by the exhumation of human remains. Amended 1889 : 139. ISSO. 2 4 To transfer records, etc., from the courts existing prior to 1879. To continue in force school teachers' certificates. In relation to deputies and assistants of county clerks. Superseded by Co. Gov. Act, 1897. In relation to the currency of the United States. Granting relief to taxpayers whose lands have been sold to the state. Probably superseded by Pol. C. § 3780, as amended 1895 :328. 13 19 Appropriating money for support of orphans, half or- phans, and abandoned children. Amended 1883 :57. 15 20 To promote emigration from the state of California. 16 21 Authorizing boards of supervisors to fix water rates. Superseded by 1885:95. 19 24 To declare valid writs, processes, and certificates issued bj' the superior courts and the clerks thereof. 20 26 In relation to deputies, assistants, and copyists of county clerks. Amended 1891 :5. Unconstitutional (San Francisco v. Broderick, 125 Cal. 188) ; superseded as to San Francisco by the charter of that city. 20 27 To provide for the receipt of donations to the state or counties. 21 28 Authorizing railways to make leases and other contracts. 22 29 To provide for the removal of Chinese. Probably uncon- stitutional. 22 30 To derlare the Mokelumne River navigable. Superseded by Pol. C. § 2349. To ccnfer powers upon the superior court of each county. Relating to the appointment of aliens to office. To enable boards of supervisors to authorize the em- ployment of deputies in certain cases. Repealed by the Co. Gov. Acts, see 1897:452. 30 42 To empower the trustees of levee district No. 1, Sutter County, to issue bonds. 36 45 For the better pr"t<'ftion of fruit trees and vines. Su- perseded 1897 :241. 23 31 23 32 27 40 STATUTES REMAINING IN FORCE. 1525 PAGE CHAP. 1880 — Continued. 39 51 To prohibit the issue of licenses to aliens not eligible to become electors. Unconstitutional (People v. Quong On Long, 6 Pac. Coast L. J. 192) ; see Pol. C. § 3666, as amended 1901 :635. 43 57 To compel the operation of railroads. 44 58 To provide for the management of the Yosemite Valley and Mariposa Big Tree Grove. Amended 1885:212. 45 59 Concerning the powers of the railroad commissioners. 49 60 Providing for the management and control of the state agricultural society. 52 62 For the promotion of the viticultural industries of the state. Enlarged 1881:51; 1885:9; all but sections 8 and 9 repealed 1895:235, chap. 1S9. 55 63 To protect lands not recognized as swamp lands, from overflow. Unconstitutional in some respects (Hutson V. Protection District, 79 Cal. 90) ; amended 1889 : 366; probahly superseded by 1895:247. 61 66 To confer powers on supervisors of cities and counties containing more than one hundred thousand inhabi- tants. Superseded by charter of San Francisco. 62 69 To form agricultural districts, etc. Amended 1883:30; 1885:39, 126; 1887:80; 1889:78; and partly, if not wholly, repealed by 1891:138; 1895:14. 67 71 To define, regulate, and govern the state prison of California. Amended 1881:79; superseded by 1889: 404, chap. 264. 77 75 Relating to the intoxication of officers. 80 83 To prohibit the sale of intoxicating liquors in the state capitol. 80 84 To regulate and provide (or a day of rest In certain cases. Unconstitutional (Ex parte Westerfleld, 55 Cal. 550). 82 87 For the relief of insolvent debtors. Amended 1891 :511 ; 1893:45; repealed 1895:131. 99 88 To provide for additional judge in Mono County. Re- pealed 1883 :62. 1 00 90 To empower consolidated cities and counties to make alterations in county prisons. Superseded by charter of San Francisco. 102 93 Authorizing boards of supervisors to pay expenses of posse eomitatus in criminal cases. 102 94 To regulate the sale of certain poisonous substances. 104 96 To provide for removal of obstructions in Pitt River. 106 99 Providing for the appointment of an additional notary public in San Francisco. Superseded by Pol. C. § 791. 106 100 For the protection of certain kinds of flsh. Expired In 1882. 114 103 Empowering cities and counties to pay for rent of court- rooms. Superseded by charter of San Francisco. 115 105 Establishment and maintenance of a mining bureau. Repealed 1893:207. 119 109 To provide for appeals from orders forming reclamation or swamp land districts. Superseded by 1893 :174. 1526 COMMISIONERS' REPORT. PAGE CHAP. 1880 — Continued. 121 114 To provide for the construction, maintenance, and opera- tion of flshways. 123 116 Prohibiting aliens from fishing in the waters of the state. Unconstitutional (In re Ah Chong, 5 Pac. Coast L. J. 451). 123 117 To promote drainage. Unconstitutional (People v. Parks, 58 Cal. 624). 131 118 Further protection of stockholders in mining corpora- tions. Amended 1S97 :96. 132 119 To provide for the further extension of the waterfront line of San Francisco. 133 120 Authorizing boards of supervisors to transfer certain funds. Superseded by subd. 18, sec. 25, 1897:463. 136 122 To declare the Klamath River navigable. Repealed 1891:10. 136 123 To prescribe the form of complaint in actions to recover delinquent taxes. Repealed in part by Pol. C. § 3670, as amended 1883 :65 (San Diego v. Southern Pacific R. Co., 108 Cal. 46). 137 124 To provide for the organization of cities and counties of more than one hundred thousand inhabitants. Uncon- stitutional (Desmond v. Dunn, 55 Cal. 242). 231 126 To establish free public libraries and reading-rooms. Repealed 1901 :557. 1881. 2 3 To authorize the several counties, cities, and towns to receive gifts. 3 4 Authorizing a conveyance to William Scholle. 9 13 Providing for the appointment of a deputy supreme court reporter. 14 20 To prevent fraud and deception in the manufacture and sale of butter and cheese. Superseded by, 1895:41; 1897:65. 15 21 To provide a system of drainage for agricultural swamp and overflowed lands. Amended 1897:220; unconsti- tutional (Vickey v. Stearns Rancho Co., 126 Cal. 151). 20 24 To provide an additional judge for Alameda County. 24 33 Concerning the medical department of the University of California. 25 34 Authorizing boards of supervisors to grant franchises for constructing booms. Superseded by subd. 35, sec. 25, Co. Gov. Act, 1897:466; repealed 1901:265. chap. 103. 25 35 To appoint commissioners for the pueblo of Sonoma. 26 36 To allow unincorporated cities and towns to equip and maintain a fire department. Amended 1899 :69, chap. 59. 50 50 To appropriate money to reimburse the University of California. Repealed 1893 :T7. 51 61 To define and enlarge the powers and duties of the state viticultural commissioners. Enlarged 1SS5:9; re- pealed 1895 :235 ; unconstitutional in part (E]x parte Cox, 63 Cal. 21). STATUTES REMAINING IN FORCE. 1527 PAGE CHAP. 1881 — Continued. 54 52 To enable boards of supervisors and other legislative bodies to perform the duties prescribed by sec. 1, art. XIV, of the constitution. Unconstitutional in part (Fitch v. Supervisors, 122 Cal. 285). 65 65 To enable purchasers of state lands to redeem them. 68 59 To facilitate equalization of assessments in reclamation districts. 74 64 To create an additional police judge's court in San Francisco. Superseded by chap. 8 of art. IV of the charter of San Francisco. 76 67 To confer power upon supervisors to complete sewers. Superseded by Co. Gov. Act and the charter of San Francisco. 76 68 To provide for bridges across navigable waters. As to repairing or reconstructing, see 1897 :21, chap. 25. 81 72 To provide a state hospital for miners. 86 75 To protect and promote the horticultural interests of the state. Amended 1889:413; 1891:268; repealed 1897:244. 1883. 20 11 To prevent the sale of oleomargarine as butter. Probably repealed by 1895:41 and 1897:65. 24 17 To provide for the classification of municipal corpora- tions. Amended 1897:218, 421; 1899:141; 1901:94. 27 21 To establish and support a bureau of labor statistics. Amended 1889:6; 1901:12. 32 24 To provide for the improvement of streets, etc. Re- pealed 1885 :165. 63 29 To provide for the submission of amendments to the constitution. Repealed 1S99 :24. 64 30 To provide for the better control of the funds of the University of California. Unconstitutional (People v. Kewen, 69 Cal. 215). 55 31 Appropriation for support of indigent persons residing in Veterans' Home. Amended 1887:6; 1893:214; 1899:147; 1901:275. 58 34 To divide the state into senatorial districts. Repealed 1891:71, chap. 81. 63 37 Fixins the jurisdiction of justices of the peace In cities and towns. Superseded by C. C. P. § 103, as amended 1901 :100. 85 47 To divide the state into assembly districts. Repealed 1891 :71, chap. 81. 93 49 To provide for the organization of municipal corpora- tions. Amended 1885:127, 134; 1887:12; 1889:371. 389; 1891:21, 28, 54. 55, 114, 233; 1893:299; 1895: 24, 159, 266; 1897:89, 175, 183, 196, 403; 1899:98; 1901:12, 18, 70, 269, 293, 656; 1903:40, 93, 135, 336. UncoTiKtltutional as to the provisions in § 756, requiring courts to take judicial notice of ordinances (City of Tulare v. Hcvren, 126 Cal. 226). 280 51 To protect the public health. 1528 COMMISSIONERS' REPORT, PAGE CHAP. 1883 — Continued. 285 58 Authorizing boards of supervisors to appoint inspectors of apiaries. Repealed 1901 :13. 287 60 Authorizing the governor to reconvey lands to the Uni- ted States. 289 63 To establish a state board of horticulture. Amended 1885:4; 1889:8, 89; repealed 1903:524. 295 70 Authorizing cities to maintain drawbridges. 296 72 To divide the state into congressional districts. Re- pealed 1891 :84, chap. 84. 298 74 To provide for disposal of moneys after building school buildings. 299 75 To establish a uniform system of county governments. Amended 1885:125, 166, 195; 1887:168, 178; 1889: 232 ; repealed by Co. Gov. Act, 1891 :295, chap. 216. 366 77 To grant powers to boards of health In cities and cities and counties. 368 79 To encourage destruction of wild animals. Superseded by subd. 26, sec. 25, Co. Gov. Act, 1897 :465. 369 81 To establish a state board of silk culture. Superseded 1885 :216. 370 82 To authorize the governing bodies of cities and towns to refund indebtedness. Amended 1893:57; 1895:203; repealed 1897 :T5. Unconstitutional in part (Los An- geles V. Teed, 112 Cal. 319). 375 89 Providing for submitting to the qualified electors a pro- posed issue of bonds. Superseded by § 25 of Co. Gov. Act of 1897, and as to San Francisco by its charter. 376 90 To prevent the introduction of contagious or infectious diseases. See Pol. C. § 2979a. 380 96 Appropriation for support of aged persons in indigent circumstances. Repealed 1895 :23. 1SS4. i 8 To provide for funding the indebtedness in counties. Superseded by subd. 13, sec. 25, 1897:460. 1885. 8 To provide for printing state series of school books. Amended 1887:145; 1891:453-. 9 10 To enlarge the duties of the board of state viticultural commissioners. Repealed 1S95 :235. 10 11 To create a state board of forestry. Repealed 1893:229. 12 14 To grant boards of health and health officers power to regulate plumbing. Amended 1887 :58. 13 15 To require the payment of certain insurance premiums to cities and cities and counties. Amended 1887:15; unconstitutional (San Francisco v. Insurance Co. 74 Cal. 113). 18 19 Appropriating money for the establishment and manage- ment of the Industrial Home of Mechanical Trades for the Adult Blind. Superseded 1887:160, chap. 148. 25 21 To provide a public morgue in San Francisco. Super- seded by chap. 6 of art. IV. and subd. 9 of chap. 2 Ot art. I of the charter of San Francisco. PAGE CHAP. 31 27 81 28 Statutes remaining in force. 1529' 1SS5 — Continued. Ratifying incorporation of municipal corporations. Authorizing fisa commissioners to build and maintain a hatchery. 32 30 To provide for the future management of the state asylums for the insane. Modified, if not repealed, by 1889:329, chap. 220, and both modified, if not re- pealed by the lunacy commission act, 1897 :311. 34 31 To provide for commitments to the house of correction. Superseded 1889:111, chap. 108,; 1889:100, chap. 103. 35 32 To prevent the overcrowding of asylums for the insane. Superseded by the lunacy commission act, 1897 :311. 35 33 To provide an additional asylum for chronic insane. Amended 1889 :130. Superseded by the lunacy com- mission act, 1897 :311. 38 34 Authorizing commissioners of public parks to accept donations. 40 36 To prevent the spreading of fruit and fruit-tree pesta. Supersedfid 1899 :91, chap. 76. 42 37 To authorize municipal corporations of the first class to- obtain public waterworks. Repealed 1889 :399. 43 38 To provide for analyzing minerals, mineral waters and other liquids, and medicinal plants. 45 39 Regulating the height of division and partition fences in cities. Fences wholly on the land of their owner ex- cluded therefrom. (Western, etc., Co. v. Knicker- bocker, 103 Cal. 111). 49 47 To advance learning, etc., and creating trusts for the en- , I., . . r dowment of schools and colleges. Amended 1891:454. 'i> •-- Supplemented 1903 :140. 53 48 Appropriation for the establishment of a fund for th» purchase of jute. 55 52 To legalize certain acknowledgments. 77 102 To subject certain reclamation districts to the provisions of the Political Code. 95 115 To regulate and control the sale, rental, and distribution of water. Amended 1897:49; 1901:80. 108 124 To authorize the appointment of an interpreter of the Italian languages in cities of one hundred thousand inhabitants. Amended 1895:37. Superseded as to San Francisco by chap. 1 of art. V of the charter ot that city. 109 125 To secure wages of persons employed as laborers on threshing machines. 110 127 To insure better education of practitioners of dentistry. Amended 1893:70; repealed 1901:564. 114 131 To facilitate the giving of bonds required by law. 126 136 To compensate sheriffs for conveying prisoners. Amend- ed 1889:200. 136 147 To enable municipal corporations of the sixth class to elect officers. 139 149 To change and permanently locate the boundary lln* between Kern and San Luis Obispo counties. 1530 COMMISSIONERS' REPORT. PAGE CHAP. 1SS5 — Continued. 147 153 To provide for work upon streets, lanes, alleys, etc Amended 1887:148; 1889:157; 1891:116, 196. 461; 1893:38, 89, 172; 1899:23; 1903:88. 199 156 To establish the California Home for the Care and Training of Feeble-Minded Children. Repealed 1887: 73. 204 158 To promote drainage. Amended 1891 :262. 211 162 Authorizing any board of supervisors to refund the bonded indebtedness. Superseded by subd. 13, sec. 25, 1897:460. 213 164 To provide for police courts in cities having more than thirty and less than one hundred thousand inhabi- tants. Amended 1891:292; 1893:41; 1895:113. 216 165 To establish a state board of silk culture. 217 166 Supplemental to act providing for mining bureau. Re- pealed 1893:207. 18S7. 1 2 To Increase the number of judges of the superior court of Los Angeles County. 2 3 To provide for the permanent support and improve- ment of the L'niversity of California. 5 9 Concerning the payment of costs of trials of persons charged with violation of the laws for the preserva- tion of fish. Amended 1903 :20. 15 18 To require payment of certain insurance premiums to counties and cities and counties. Unconstitutional (San Francisco v. Insurance Co., 74 Cal. 113.) 17 21 To prevent fraud and imposition in the matter of stamping and labeling produce and manufactured goods. 19 24 To provide an additional judge for San Bernardino County. 26 32 To provide for the endowment of libraries, museums, etc. 29 34 To provide for the organization and government of irri- gation districts. Amended 1889:15; 1891:142, 147, 244; 1893:175, 516; 1897:241; 1899:2; supple- mented 1889:18, 21, 212; 1893:276. 520; 1895:127, 174; 1897:254, 394; repealed 1897:254. 46 35 To enlarge the powers of the state board of forestry. The statute of 1893:229, chap. 187, in its title pur- ports to repeal this statute, but the body of the act contains no repealing provision. 46 36 To prohibit the sophistication and adulteration of wine. 51 39 An act exempting mayors of cities of more than one hundred thousand inhabitants from acting as police judges, etc. 62 41 To authorize a levy of taxes for the maintenance of public parks. 57 48 To increase the number of superior judges of Fresno County. 59 51 To grant to the United States certain lands at Hum- boldt Bay. 74 60 SI 72 82 74 95 82 110 95 120 104 139 122 147 150 128 133 STATUTES REMAINING IN FORCE. 1531 PAGE CHAP. 1887 — Continued. 60 53 To establish a branch state normal school in northern California. 69 57 To provide for the government of the California Home for the Care and Training of Feeble-Minded Children. Amended 1889:155; supplemented 1897:2, 251, chap. 188; 1901 :795. To provide for the removal of the mineral cabinet from the state library. Authorizing county clerks to take affidavits in pension cases. To prevent persons from unlawfully wearing badge of Grand Army of the Republic. To provide for the completion of unfinished county, city, and township buildings. Amended 1891 :83 ; 1893 : 126; 1895:166. To protect life and property against the careless and malicious use cf explosives. Authorizing the incurring of indebtedness by cities and towns. Amended 1889:14; repealed 1889:402. To provide for compiling and publishing state school books. For the bettor protection of settlers on the public lands. To validate proceedings for the reorganization of mu- nicipal corporations. 160 148 Establishing an Industrial Home of Mechanical Trades for the Adult Blind. Amended 1889 :147. 233 180 To regulate the vocation of fishing, etc. 18S9. 3 5 To provide for the proper sanitary condition of factories and workshops. Amended 1901:571; 1903:16; de- clared unconstitutional (Schaezlein v. Cabaniss, 135 Cal. 466). 4 7 To regulate the hours of labor and employment of minors. Probably superseded by 1901:631, 5 8 To increase the number of superior judges in San Diego County. 13 16 To provide for the appointment of supreme court com- missioners. Superseded 1893:1. 21 21 Supplemental to 1887 :29, for organization of irriga- tion districts. Amended 1893:516. 25 23 To establish a branch insane asylum at Uklah. Super- seded by the lunacy commission act, 1897 :S11. 32 24 To encourage and provide for general vaccination. 37 30 To provide for the funding indebtedness of the several counties of the state. Superseded by § 25, Co. Got. Act, 1897:457. 38 31 To provide for the correction and establishment of the eastern boundary of the state. Perhaps obsolete, for It provided the work was to be done in one year. 56 62 Creating police relief, health, life Insurance, and pen- sion fund. Amended 1891:287, 469; 1897:52. 1532 COMMISSIONERS' REPORT. PAGE CHAP. 1889 — Continued. 62 66 To create a police court in San Francisco. Supple- mented 1893:9; superseded by the charter of that city, chap. 8, art. V. 70 76 To provide for laying out, opening, extending, widening, straightening, or closing up streets, etc. 85 81 Authorizing boards of supervisors to declare innavigable streams highways. Repealed by § 25, Co. Gov. Act, 1897:457. 94 89 To ratify a conveyance of certain property by cities of less than fifty thousand inhabitants. 100 103 To establish the Preston School of Industry. Amended 1893 :39. 106 104 Appropriation for supplying water, light, and fuel for the state insane asylum at Stockton. Repealed 1889: 225. 107 105 Directing the transcription of matters of record from Fresno and Merced counties to San Benito County. 108 106 Authorizing boards of supervisors to provide pensions for the relief of aged, infirm, and disabled firemen- Amended 1901 :575. Ill 108 To establish the Whittier Reform School. Amended 1803 :328. 120 109 To provide for the erection of a state hospital for the insane in southern California. Amended 1891 :481 ; 1SIj:207; superseded by the lunacy commission act,, 1897:311. To create the county of Orange. To increase the number of superior judges In Los An- geles County. To provide for the maintenance and support of public parks. Amended 1893:79, 343. To provide for the burial of ex-union soldiers, sailors, and marines. Supplemented 1901 :596. To grant certain tide lands to the United States. For the protection of the owners of ditches and flumes. To validate proceedings for the reorganization of muni- cipal corporations. To like effect, 1891 :92. To prevent capture and destruction of blue cranes. To provide for building and furnishing the home for soldiers' widows, orphans, and army nurses. Amend- ed 1891:428. To establish a police court in Marysville. To authorize boards of supervisors to appoint sheep' commissioners. 228 199 To provide for the revision of the records of the Cali- fornia volunteers. 229 202 Granting to the regents of the University of California certain lands. 303 208 To increase the number of clerks in the oflBce of the state treasurer. Repealed 1895 :88. 304 210 To authorize state board of fish commissioners to import game birds. 123 110 130 112 143 135 198 161 201 166 202 168 203 169 205 172 206 173 214 180 216 182 STATUTES REMAINING IN FORCE. 1533 PAGE CHAP. 1889 — Continued. 827 212 To provide for compiling, copyrighting, and printing elementary book on civil government. 329 220 To provide for the maintenance, support, and discharge in certain cases of insane persons confined in the state asylums. Probably superseded by the lunacy commission act, 1897 :311. 333 222 Reducing the number of superior judges in San Luis Obispo County. 348 237 Authorizing the several counties of the state to create a funded indebtedness. Superseded by § 25, Co. Gov. Act, 1897:460. 552 241 To prevent the sale of Intoxicating liquors to persons addicted to the inordinate use thereof. 356 246 To provide for changing the boundaries of municipal corporations, and to exclude territory therefrom. Su- perseded in part, at least, by 1889:433, chap. 280. 35t 247 To provide for altering the boundaries of municipal corporations and the adding of territory thereto. See also 18&9:433; 1899:41. 361 248 To enable incorporated cities and towns to acquire and maintain parks. 375 262 To regulate quarantine, and the admission of horses, cattle, sheep, and swine into the state. 388 257 To authorize the board of state harbor commissioners to construct railroads over state lands and along the water front of San Francisco. Superseded by Pol. C. § 2524. 399 261 To authorize the incurring of indebtedness by municipal corporations for the construction of waterworks, sew- ers, etc. Amended 1891:84, 94, 132; 1893:61. This latter amendment attempted to be repealed by 1897 : 75, chap. 87, but such repeal declared unconstitutional In City of Los Angeles v. Hance, 122 Cal. 78. 404 264 To regulate and govern the state prisons. 416 267 To provide for the appointment of pilots at the port of Wilmington and the bay of San Pedro. 418 268 To recognize the Veterans' Home at Yountville as a state home. 419 269 To provide for the erection at San Quentin of a build- ing to accommodate Insane prisoners. Repealed 1893 : 148. 420 272 To provide for the appointmont of an examining com- missioner on rivers and harbors. 428 278 Respecting payment in full by holders of certificates of purchase of lands sold prior to March 27, 1872. 433 280 To provide for changing the boundaries of cities and municipal corporations, and to exclude territory there- from. 434 281 To provide for applications for the purchase of six- teenth and thirty-sixth sections. 451 289 To provide for a keeper of archives and define his duties. 1534 COMMISSIONERS' REPORT. PAGE CHAP. 1891. 1 1 Authorizing the appointment of a stenographer for tha governor. 4 6 Providing for the levy and collection of taxes for school districts, except in municipal corporations of the first class. Modified, perhaps repealed, by Pol. C. §§ 1830 and 1836, as amended 1893:263. 8 12 Authorizing cities of not less than twenty-six nor more than thirty thousand inhabitants to vote upon the question of paying indebtedness. Unconstitutidhal (Darcy v. Mayor, 104 Cal. 642 ; Ex parte Giambonini, 117 Cal. 573; Pasadena v. Stimson, 91 Cal. 238). 10 15 To increase the police force of various cities, cities and counties. 12 19 To ratify ordinances passed by the governing bodies of municipal corporations, giving permission to propel cars. 20 33 To legalize certain acknowledgments. Superseded 1897 : 29, chap. 32. 21 34 In relation to district attorneys in cities and counties, and counties having a population of more than one hundred and twenty-five thousand. Unconstitutional (Darcy v. Mayor, 104 Cal. 642; Ex parte Giambonini, 112 Cal. 574; ; superseded by Co. Gov. Act, 1897, and by charter of San Francisco. 22 S6 To provide for the levy and collection of taxes by mu- nicipal corporations other than those of the first, sec- ond, third, and fourth classes operating under a charter. 25 39 To provide for the acquisition of Sutter's fort and ap- pointing trustees therefor. 27 42 To provide penalties for failure to pay tolls. 30 46 To provide for the organization of levee districts. Re- pealed 1893:111. 46 47 To regulate the sale of olive oil. Repealed 1893:210. 47 49 Requiring boards of commissioners having control of the police force to grant yearly vacations. 49 51 To provide for a state board of arbitration to settle disputes between employers and employees. 53 57 To provide for redemption of property sold to irriga- tion districts for delinquent assessments. 56 60 Concerning costs in civil actions for serving sum- monses and subpoenas. 67 63 To authorize the establishment of county high schools. Repealed 1893 :276. 61 68 To increase the number of superior judges in Tulare County. 70 78 Relative to the non-insurance of property belonging to the state. 71 81 To divide the state into legislative districts. Superseded 1901:535, chap. 194. 84 84 To divide the state into congressional districts. Super- seded 1901:548, chap. 195. STATUTES REMAINING IN FORCE. 1535 PAGE CHAP. 1891 — Continued. 86 85 Regulating the practice of pharmacy. Amended 1893 : 68; repealed 1901:304. 90 86 Creating a lien in favor of owners of stallions, jacks, and bulls. 91 87 To prevent the sale of intoxicating liquors to minors. 92 88 To validate proceedings for the reorganization of mu- nicipal corporations. 95 91 To provide for furnishing assistants to city and city and county attorneys. Superseded as to San Fran- cisco by chap. 2 of art. V of its charter. 98 94 To create the county of Glenn. Amended 1893:158. 102 96 Authorizing incorporated cities to acquire by purchase, gift, or condemnation, water, water rights, reservoir sites, etc. 107 106 Giving consent of the state to reservation of certain lands by congress. 110 111 To provide for the issuing and sale of state bonds to create a fund for the use of the state board of harbor commissioners. 126 116 Relating to life, health, accident, and annuity or en- dowment insurance on the assessment plan. 133 120 Authorizing the sale of the buildings and sites of the California Home for the Care and Training of Feeble- Minded Children. 138 126 To form agricultural districts, and provide for the man- agement and control of the same. Amended 1893 :282 ; 1895:14. 100. 182 137 For the establi-hment of high schools. Unconstitutional (McCabe v. Carpenter, 102 Cal. 469) ; repealed 1893 ; 276. 184 138 To authorize directors of the Veterans' Home Associa- tion to exchange certain lands. 185 140 To prohibit the coming of Chinese into the state. Un- constitution.ll (Ex parte Ah Cue, 101 Cal. 197). 194 145 To authorize Robert C. Ball to sue the state. 195 146 To provide for the payment of wages of mechanics and laborers employed by corporations. Unconstitutional (Slocum V. JSear Valley Irrigation Co., 122 Cal. 555). 209 148 Creating the office of attorney for the state board of health at San Francisco. 210 149 To provide for the payment of the funded Indebtednes! of the state, and ' to contract a funded debt for that purpose. 217 154 To protect owners of bottles, boxes, siphons, and keg, used in the sale of soda waters, etc. Amended 1903 :8.'!. 219 155 Relatin.? to working, rights of way, ea.semcnt, and drain- age of mines. 221 157 To determine what lands of the state are swamp and overflowed. 223 161 To provide for the formation of sanitary districts. Amended 1893:88; 1895:85; but this amendment de- clared unconstitutional (In re Werner, 129 Cal. 567) ; also amended 1901:633; 1903:121. 1536 COMMISSIONERS' REPORT. PAGE CHAP. 1891 — Continued. 235 164 To provide for funding the indebtedness of levee district No. 6, Sutter County. 237 165 Authorizing the treasurer and controller to transfer cer- tain monevs. 237 166 To define the boundaries and provide for the govern- ment of levee district No. 6, Sutter County. 243 169 Providing for the payment of moneys in the state treas- ury to the credit of the swamp land fund. 251 173 Authorizing the governor and surveyor-general to sell and convey certain lands. 258 175 Authorizing the board of fish commissioners to purchase land. 258 176 To establish a naval battalion. Repealed 1893 :63. 261 179 To extend the jurisdiction of the harbor commissioners. Superseded by Pol. C. § 2524, as amended 1901:620. 262 181 Ceding jurisdiction over certain lands to the United States. 263 183 To declare the bridge across the Feather River at Marys- ville a free bridge. 264 185 To enable cities of the fifth class to Issue bonds for the purchase of school-house lots, etc. Repealed 1893 : 295. 270 189 Authorizing the board of harbor commissioners to rectify the alignment of East Street. 271 190 Providing for the dissolution and winding up of savings banks, trust companies, etc. 279 197 To authorize the controller and treasurer to transfer certain funds. i80 198 Fixing a bounty on coyote scalps. Repealed 1895 :1. 280 199 To provide a salary for the keeper of the archives in the office of secretary of state. 283 205 To encourage the cultivation of ramie. Unconstitutional (Murray v. Colgan, 94 Cal. 435). 285 206 To prevent the placing, keeping, or leaving of married women in houses of prostitution. 289 212 To give a preference in public service to ex-union soldiers, sailors, and marines. 294 215 To provide for the payment of certain lost warrants. 295 216 To establish a uniform system of county and township government. Amended 1893:310; repealed 1897:452. Various parts held unconstitutional (People v. John- son, 95 Cal. 471; Welch v. Bramlet, 98 Cal. 219; Bloss V. Lewis, 109 Cal. 493). 424 219 To provide for the appointment of a guardian for Mar- shall monument and grounds. 430 225 To establish law libraries. Amended 1895:46. 433 226 To provide for police courts in cities having a popula- tion 01 fifteen thousand and under eighteen thousand Inhabitants. Unconstitutional (Ex parte Giambonini, 117 Cal. 573). 450 231 Appropriation for the benefit of the sufferers of the Tia Juana flood. Unconstitutional (Patty v. Colgan, 97 Cal. 251). STATUTES REMAINING IN FORCE. 1537 PAGE CHAP. 1891— Continued. 452 235 Authorizing state board of examiners to sell old furni- ture and material. 452 236 Fixing the rate of tare on baled hops. 454 238 To provide for the publication of a blue book or roster. Superseded 1893 :218. 458 243 Expressing the assent of the state to the act of congress of August 30, 1890. 473 253 To prevent the destruction by fire of the property of contiguous owners. 478 255 To define the duties of and to license land surveyors. Amended 1903 :267. 487 263 To establish a standard of weights and measures. Of doubtful constitutionality ; and has never been acted under. (Condict v. Police Court, 59 Cal. 278 ; sec. 14, art. XI, State Const. ; subd. 5, sec. 8, art. I, Const, of U. S. 490 264 Authorizing certain corporations to act as executors and in other capacities. Amended 1897:424; 1903:244. 513 279 Appropriation to pay the claim of A. J. Bourn. Un- constitutional (Bourn v. Hart, 93 Cal. 321). 513 280 For the payment of John J. Conlin. Unconstitutional (Conlin v. Supervisors, 99 Cal. 17). 1893. 1 1 Providing for the appointment of supreme court com- missioners and their secretary. Continued 1897 :47, chap. 52; 1899:11; 1901:273. 3 5 Providing for an additional judge for Alameda County. 5 8 To abolish fees or commissions paid by the state for collection of ad valorem taxes. 6 9 Authorizing controller and treasurer to transfer certain moneys to the general fund. 12 16 To promote the purity of elections. Amended 1895 :227. Unconstitutional, in so far as it requires an oath of a successful candidate for office, in addition to that prescribed by the constitution (Bradley v. Clark, 133 Cal. 196). 29 17 Limiting the time for granting franchises for the con- struction, extension, or operation of street railroads. Superseded 1897 :135. 30 19 To prevent combinations to obstruct the sale of livestock. 33 21 To provide a system of street improvement bonds. Amended 1899:40. Unconstitutional, in so far as it undertakes to make the bond conclusive evidence (Ramish v. Hartwell, 126 Cal. 443). 42 24 To declare certain tide lands public grounds and grant- ing the same to San Mateo County. 44 27 Requiring street railroad corporations to allow United States mail carriers to ride free of charge. 46 30 Fixing the salary, of the janitor of the state capitol. 49 36 To provide for the redemption and the payment of cer- tain funded debt bonds of the state. Gen. Laws— 65 1538 COMMISSIONERS' REPORT. PAGE CHAP. 1893 — Continued. 54 41 To provide for a day of rest from labor. 54 42 Fixing ttie price and conditions of sale at which Jute goods shall be sold by the state. 57 45 To authorize suits against the state, and regulating the procedure therein. See Molineux v. State, 109 Cal. 378. 62 49 To establish a naval battalion. Modified, if not super- seded, by Pol. C. § 1962, as amended 1901:583. 75 65 To provide for the payment of interest on the outstand- ing bonds of the state held in trust for the university fund and the state school fund. Amended 1899 :93. 82 74 To establish a uniform system of mine bell signals. 85 76 To provide for the revision of certain books of the state series of school text-books. 96 80 Requiring the recording of maps of cities and towns and of subdivisions thereof. Amended 1901 :288. 101 88 To prohibit prize fighting. Superseded by Pen. C. § 412, as amended 1899:153, chap. 121. 102 91 Empowering the governor to execute a quitclaim deed to the successors in interest of Sallie C. Perry. 109 93 Authorizing the allowance, settlement, and payment of claims of counties against the state. 121 105 Granting right of way and station grounds to the Southern California Railway Company over a portion of the asylum grounds in San Bernardino County. 123 106 Authorizing the acquisition by donation of sites for camps of instruction for the National Guard. Prob- ably repealed, 1899:65. 125 109 For the appointment of an additional judge for Fresno County. 127 112 To regulate the manner of receiving and paying fees, commissions, etc., in cities and cities and counties having a population of over one hundred thousand in- habitants. Amended 1895 :164. Unconstitutional (Rauer v. Williams, 118 Cal. 401). 132 115 To authorize the justices of the supreme court to ap- point a librarian for said court. 151 137 To prevent the sale of short-weight rolls of butter. 151 138 Empowering the governor to execute a quitclaim deed to the successors in interest of James Bowman. 153 140 Providing for the planting and care of shade trees in municipalities. 158 141 To change and permanently locate the boundary lines between the counties of Glenn and Colusa. 158 142 To create the county of Riverside. 168 143 To create the county of Madera. Unconstitutional in part (People v. Markham, 104 Cal. 232). 174 147 Providing for appeals from orders for the formation of reclamation districts. . 176 150 To create the county of Kings. 181 151 To provide for the presentation and cancellation of un- located school land warrants. STATUTES REMAINING IN FORCE. 1539 PAGE CHAP. 1893 — Continued. 183 153 To establish board of parole commissioners. Amended 1901:82. 183 154 To compel savings banks to publish a sworn statement of unclaimed deposits. 190 165 To provide for furnishing assistants to coroners in cities and cities and counties having one hundred thousand or more inhabitants. As to San Francisco, superseded by charter. 193 168 Establishing a tax on collateral inheritances. Amended 1895:33; 1897:77; 1899:101; 1903:55, 268. The amendment of 1897 was unconstitutional (Estate of Mahoney, 133 Cal. 180). 203 172 To provide for the appointment of guardians of children in orphan asylums. 203 173 To provide for the establishment of the state mining bureau. Amended 1903 :113. 208 175 Relating to the operation of railroads. 210 177 To regulaie the sals of imitation olive oil. 217 182 To prevent compulsory prostitution of women. 218 183 To provide for the publication of the state blue book or roster. 218 184 Authorizing the appointment of trustees for the estates of missing persons. 220 185 Making it unlawful to refuse admission to places ot amusement. 220 186 To provide for laying out, opening, etc., streets in muni- cipalities of forty thousand or over. Probably uncon- stitutional (Darcy v. Mayor of San Jose, 104 Cal. 642; Pasadena v. Stimson, 91 Cal. 258). 229 188 Creating a board of commissioners of building and loan associations. Amended 1895:103. 234 190 Providing for the removal of human remains from ceme- teries. Amended 1895:157. 235 191 Regulating the disposition of cattle killed or slaughtered in the state. , 235 192 To provide for the transfer of certain moneys from one county to another. 277 195 Granting to board of supervisors of Sonoma County right of way through the lauds of the California Home for the Care and Training of Feeble-Mindcd Children. 280 197 Providing for the compensation of chief and captain o( police in cities having not less than ten thousand nor more than twenty-flve thousand inhabitants. Uncon- stitutional (Darcy v. Mayor of San Jose, 104 Cal. 642). 282 199 Relating to treasurers, their deputies and clerks In counties, and cities and counties, having a population of two hundred thousand or over. Superseded as to San Francisco by the charter ot that city. 285 201 To prohibit the creation of debts against the state in excess of appropriations made by law. 286 203 To regulate the practice of veterinary medicine and sur- gery. Amended 1903 :258. 1540 COMMISSIONERS' REPORT. PAGE. CHAP. 1S93 — Continued. 288 204 Providing for the sale of railroad and other franchises in municipalities. Amended 1897 :176 ; superseded by 1901:265. 290 207 In relation to the reassessment of property. 292 210 To enable school districts in cities of the fifth class to issue bonds to purchase school lots. Amended 1897 : 103. 295 211 To provide for the leasing and disposition of water by irrigation districts. See statute of 1897 :254. 302 219 To prevent the spread of contagious and infectious dis- eases among domestic animals. 339 228 To provide for the appointment, duties, and compensa- tion of a debris commissioner. Amended 1897:169; 1901:284, 564 ; § 6 repealed 1901:564. 841 229 Regulating the sale of lands uncovered by the recession or drainage of the waters of inland lakes. Amended 1899:182. 345 332 Creating a commissioner of public works. Amended 1897:26; repealed 1899:157; 1900:20. 346 234 To establish a uniform system of county and township governments. Amended 1895 :1 ; repealed 1897 :452. Unconstitutional in part (Hale v. McGettigan, 114 Cal. 112). 636 244 Providing for the adjustment, settlement, and payment of indebtedness e.xisting against a city or municipal corporation at the time of the exclusion of territory therefrom. 1805. 24 14 To reduce the number of superior judges in San Diego County. 26 17 Authorizing the state treasurer to pay over to the treasurer of the Veterans' Home Association certain moneys. 27 19 To provide an additional judge for Humboldt County. 41 38 To prevent deception in the manufacture and sale of butter. Repealed in effect 1897:65. 45 39 Authorizing the state board of health to manufacture and purchase diphtheria anti-toxine. 48 44 To provide an additional judge for Sacramento County. 52 51 Providing for the appointment by the coroner in coun- ties of the first class of a physician. 55 54 To provide an additional watchman for the state treas- urer. Purports to amend statute of 1868:554, chap. 431. which statute was, however, superseded by Pol. C. § 457. 56 69 For the appointment of a guardian of Sutter's Fort. 65 69 To provide the ofiace of the attorney-general with law books. 67 71 Authorizing the appointment of an additional clerk by the controller. Repealed 1899:146. 71 76 To provide against the adulteration of food and drugs. 75 81 To provide the manner of execution of deeds by cemetery corporations. STATUTES REMAINING IN FORCE. 1541 PAGE CHAP. 1895 — Continued. 76 84 Authorizing boards or commissions having the manage- ment of paid fire departments to grant yearly vaca- tions to members thereof. Amended and supplemented 1899:57. 79 89 To authorize the board of state harbor commissioners to institute condemnation proceedings against certain property in San Francisco. 90 99 To establish a police court in and for the city of Eureka. Superseded by charter 1895 :37S. 92 102 To prevent evil-disposed persons from coming upon the grounds of the Whittier State School or the Preston School of Industry. 94 104 To prevent the sale of imitation or adulterated honey. Superseded 1897 :12. 95 106 To promote the protection of cities, towns, and municipal corpoatioLs from overflow by water. 98 107 Authorizing judges of superior courts in counties, cities and counties, having a population of two hundred thousand or over, to appoint a secretary. 107 115 To create an exempt firemen's relief fund. Unconstitu- tional (Taylor v. Mott, 123 Cal. 497) ; superseded 1901:101. 109 116 Authorizing the trustees of Auburn to remove a ceme- tery. 115 125 To provide for the disincorporation of municipal cor- porations of the sixth class. Amended 1897 :17.; 1899 :13. 119 128 To authorize the state to secure the title to right of way of a wagon road situate between Smith's Flat, Bl Dorado County, and Lake Tahoe. Superseded 1897 : 389. 122 131 Relating to commitments to the Whittier State School and the Preston School of Industry. 128 138 To reduce the number of judges of the superior court of Tulare County. 128 139 Providing for the changing of the fiscal year of cities operating under a charter. 131 143 For the relief of insolvent debtors. Amended 1897:35. 156 148 To reduce the number of judges of the superior court of Fresno County. 161 156 To prevent the sale of Intoxicating liquors In the Imme- diate vicinity of soldiers' homes. 163 159 Prescribing how judgments which may be recovered against any city and county of over one hundred thousand population shall be paid. Apparently re- stricted to pre-existing judgments. 168 164 Providing an official stenographic reporter to the coro- ners of cities, and cities and counties, having a popu- lation of one hundred thousand or more inhabitants. Superseded as to San Francisco by its charter. 1C9 165 To create the office of fish and game warden. 1542 COMMISSIONERS' REPORT. PAGE CHAP. 1895 — Continued. 170 166 To create a public school teachers' annuity and retire- ment fund. Amended 1897:225; 1901:671; 1903: 271. 191 169 To provide for the letting of contracts for lighting streets and public buildings. Amended 1897 :210. Repealed 1903 :32. 197 174 To provide for the issuing of bonds by reclamation dis- tricts, for their disposal and for their payment. 204 177 Fixing and regulating the manner of sale and re- demption of real property for delinquent street assess- ments. 205 178 To create a court for the town of Berkeley. Unconstitu- tional (Miner v. Justice's Court, 121 Cal. 264). 207 181 Providing for a general primary election in counties of certain classes. Unconstitutional (Marsh v. Hanly, 111 Cal. 368) ; superseded by Pol. C. §§ 1357 to 1375, added 1901 :606. 219 182 To provide for the levy and collection of taxes in cities and municipal corporations other than those of the first class. 221 183 To provide for the incorporation, operation, and man- agement of co-operative associations. 232 187 Authorizing the trustees of the Southern California state asylum to convey certain water rights. 238 192 To provide for the appointment and salary of a clerk in the office of the superintendent of public instruction. 242 198 Conferring power on the governing body of cities of over one hundred thousand inhabitants to acquire sites for public buildings. Amended 1S97 :50. 247 201 To provide for the formation of protection districts. Amended 1897:219; 1903:328. 263 203 To create a bureau of highways. Superseded 1897 :443. 267 207 To establish fees of county, township, and other officers, and of jurors and witnesses. Unconstitutional as to the requirement of a deposit on the appraised valua- tion of estates (Fat jo v. Pflster, 117 Cal. S3) ; also in so far as it provides that justices shall retain fees for their own use (Reid v. Grozinger, 115 Cal. 551) ; also as to the amount of justices' fees generally (Dwyer v. Parker, 115 Cal. 544) ; also as to con- stables in counties of the thirty-fourth class (Kiernan V. Swan, 131 Cal. 410). 274 208 To provide for the erection and operation of rock- crushing plants at the state prisons. 845 222 To create a commission for revising, systematizing, and reforming the laws of the state, to be known as "The Commissioners for the Revision and Reform of the Law." Amended 1903:479. 848 223 Providing for the relief of John J. Conlin. Unconsti- tutional (Conlin v. Supervisors, 114 Cal. 404). 1S97. 6 5 To provide for the management and operation of rail- roads above certain elevations. 12 15 21 25 22 26 STATUTES REMAINING IN FORCE. 1543 PAGB CHAP. 1897 — Continued. 5 7 To require an inventory of state and county property. Amended 1901 :93. 7 9 To increase the number of judges of the superior court of Santa Clara County. 8 13 Conferring power upon the governing body of municipal corporations of the first class to provide for the erec- tion of a municipal hospital. 12 14 To regulate medical practice, to prevent blindness in infants. To prohibit the adulteration of honey. Concerning bridges across navigable streams. To change and permanently locate the boundary line between the counties of Butte and Yuba. 27 29 To compel all depositaries of money and commercial banks to publish a sworn statement of all unclaimed deposits. 28 30 To authorize any city or city and county to take Its census. 29 32 To legalize certain acknowledgments. 30 34 To authorize state agricultural societies to sell prop- erty held by them in fee. Amended and supplanted by 1899:106. 34 37 Providing for the destruction of municipal bonds where the same have been executed and remain unsold. 37 39 For the protection of the Antwerp messenger or homing pigeon. 44 48 To provide additional support and maintenance, and for the acquisition of necessary property and im- provements for the University of California. 45 49 To authorize cities to lay out. construct, and maintain streets to public parks outside their limits. • 46 50 Authorizing cities and towns to grant franchises for the construction and maintenance of railroads to public parks beyond their limits. 47 51 To extend the jurisdiction of cities and towns over parks owned by them outside their limits. 47 52 To provide for the appointment of commissioners of the supreme court. Superseded 1901 :273. 48 53 To provide for a separate judge for each of the counties of Yuba and Sutter. 51 56 Ceding to the United States jurisdiction over all lands acquired for military purposes. 53 59 To protect candidates for certain public offices. 54 60 Relating to salaries of officers of fire departments hi municipalities of the first class. Unconstitutional (Popper V. Broderick, 123 Cal. 456). 55 67 Relating to pension matters and claims against counties. €1 70 To provide for increasing the efficiency of fire depart- ments In municipalities of the first class. 65 75 To prevent deception in the manufacture and sale of butter and cheese. 69 76 Defining the different grades of cheese and for branding the same. 1544 COMMISSIONERS' REPORT. PAGE CHAP, 1897 — Continued. 72 78 To regulate the salaries of certain oflBcers of the police department in municipalities of the first class. Un- constitutional (Popper v. Broderick, 123 Cal. 456). 74 80 To create a commission for the promotion of uniformity of legislation in the United States. Repealed 1901 :49. 74 81 Relinquishing to the United States the title to certain lands. 76 82 Authorizing the governing body of incorporated cities or towns, other than cities of the first class, to refund their indebtedness. Amended 1901 :274. Un- constitutional in part (Los Angeles v. Hance, 122 Cal. 77). 90 87 Fixing the minimum rate of compensation for labor on public work. 99 97 To regulate and govern the operation of the rock-crush- ing plant at the Folsom state prison. 106 101 To accept from the Veterans' Home Association the con- veyance of a tract of land known as the Veterans' Home. Amended 1903 :321. 113 103 To enable any county, city and county, city, or town to lease property to any association of veteran soldiers, sailors, or marines. 114 105 Establishing a state normal school in San Diego County. 115 106 Providing for primary elections. Unconstitutional (Spier V. Baker, 120 Cal. 370). 135 107 Providing for the sale of street railroad and other franchises in municipalities. Unconstitutional in part (Pereria v. Wallace, 129 Cal. 307) ; repealed 1901 : 265. 137 108 To protect citizens in their civil and legal rights. 138 110- For the certification of land titles and the simplification of the transfer of real estate. 167 111 Empowering the school trustees of San Jose to erect a high school building. 168 112 To validate the organization and incorporation of muni- cipal corporations. 171 114 Providing for the appointment of an auditing board to the commissioner of public works. Amended 1900 :21 ; 1901:91. 177 117 To regulate the width of tires of wagons. Repealed 1900:22. 182 121 To provide for the sale of an excess of water when owned by a municipality. 190 129 To require ordinances and resolutions passed by the legislative body of a municipality to be presented to the chief executive ofiBcer for his approval. Uncon- stitutional as to cities having charters (Morton v. Broderick, 118 Cal. 486). 191 130 Relating to the construction of paths and roads for the use of bicycles and other horseless vehicles. 192 132 Relating to fire departments of municipalities of the first class, and fixing the salaries of oflicers thereof. Apparently unconstitutional under the rule announced in Popper v. Broderick, 123 Cal. 456. STATUTES REMAINING IN FORCE, 1545 SAGE CHAP. 1897 — Continued. 198 137 Relating to estrays. Repealed 1901:606. 200 138 To enable cities incorporated and operating under char* ters to organize under general laws. 201 140 To secure the payment of claims of materialmen, me- chanics, or laborers employed on public work. 213 158 Providing for furnishing to sheriffs and chiefs of police information respecting convicts about to be discharged from state prison. 214 159 Prescribing the manner of locating mining claims. Re- pealed 1899:148; 1900:9. 217 160 Authorizing municipal corporations to lease,, purchase, own, and operate gravel beds. 231 170 Requiring corporations to pay their employees at least once a month. Unconstitutional (Johnson v. Good- year M. Co., 127 Cal. 4). 238 175 To establish a free public market upon the water front of San Pranci'^co. Amended 1903:76. 239 176 To provide for the construction of a state highway from the city of Sacramento to Folsom. 244 183 To promote the horticultural interests of the state. 250 187 To provide for the auditing and examination of claims against the state of soldiers who served in the Indian wars in California. 251 188 To admit idiots, epileptics, and mentally enfeebled par- alytics into the Home for the Care and Training of Feeble-Minded Children. Amended 1901 :795. 254 189 To provide for the organization and government of irrigation districts. Amended 1901 :815. 288 191 In relation to elections to elect boards of freeholders. Repealed 1899 :63. 304 225 To form agricultural districts. Amended 1901 :304. 311 227 To establish a state lunacy commission. Amended 1899: 160; § 19, art. Ill, repealed 1900:22. Unconstitu- tional as to method of commitment (Matter of Lam- bert, 134 Cal. 626). 334 228 To provide for the organization and government of drain- age districts. Amended 1901:554. Repealed 1903: 317. 374 244 For the establishment of a uniform system of road gov- ernment. Repealed by Co. Gov. Act (Davis T. Whld- den, 117 Cal. 618). 388 245 To create the office of Lake Tahoe wagon road commis- sioner. Amended 1899 :236. 394 254 To provide for the issue and sale or exchange of funding bonds of irrigation districts. Amended 1901:514; §§ 5 to 10 repealed 1901 :514. 404 258 For the protection and preservation of public highways from damage by storm waters and floods. i2i 263 To provide for the punhase of additional land for the Preston School of Industry. 424 266 To provide for the funding and refunding of Indebted- ness of levee and protection districts. 1546 COMMISSIONERS' REPORT. PAGE CHAP. 1S93 — Continued. 439 271 To provide for the organization and management of county fire insurance companies. 443 272 To create a department of highways. 447 274 Appropriatiffn to assist the "Woman's Relief Corps Home Association. 452 277 To establish a uniform system of county and township government. Amended 1901:681, 685; 1903:129,151, 156, 160, 168, 173, 179, 200, 212, 218, 224, 227, 230, 232, 237, 239, 241, 402. Unconstitutional (sec. 13, Ex parte Anderson, 134 Cal. 69; subd. 21 of sec. 25, Van Harlingen v. Doyle, 134 Cal. 53 ; provisions as to fees of official reporters, Pratt v. Browne, 135 Cal. 649 ; subd. 14 of sec. 183, Lougher v. Soto, 129 Cal. 610). 1899. 9 11 To prevent the maintenance against the state or any county of an action for services in the assessment or collection, by any officer, of ad valorem taxes. 11 14 To provide for the appointment of supreme court com- missioners. Continued 1901 :275. 13 16 Providing for the dissolution and annulment of recla- mation and protection districts for nonuser of cor- porate powers. 17 18 To provide for the ownership of property and winding up of the affairs of disincorporated municipal cor- porations. 22 21 Authorizing municipalities of less than the first class to obtain lands for cemetery purposes. 24 24 Relating to constitutional amendments. Unconstitutional in so far as it purports to enact a new section 1 (People V. Curry, 130 Cal. 82). 25 25 To prevent deception in the sale of process or renovated butter. 26 26 Providing for the construction of a free wagon road from Mono Lake basin to the Tioga Road. 29 30 To provide for the construction of a sewerage system at the state prison at Folsom. 37 41 To provide for the alteration of the boundaries of incor- porated towns and cities by the annexation of unin- habited territory. 46 43 To prohibit the desecration of the flag of the United States. 56 47 To prohibit the payment of money by the state to coun- ties and cities and counties for the collection of taxes. 63 54 In relation to mimicipal elections held separate from general state elections. 65 55 To establish a camp of instruction for the National Guard. 73 60 Providing for the construction and furnishing of a resi- dence for the governor of the state. Amended 1903 : 415. 75 62 Providing for the reorganization of municipal corpora- tions. STATUTES REMAINING IN FORCE. 1547 PAGE CHAP. 1899 — Continued. 81 66 Providing for the establishment and maintenance of sewer districts adjacent to municipal corporations. 91 76 For the protection of horticulture. Amended 1903 :32. 98 82 To change and permanently locate the boundary line between the counties of Shasta and Plumas. 102 86 To abolish fees paid by the state for the assessment, equalization, auditing, and collection of ad valorem taxes. 103 88 Authorizing district attorneys to bring suits to abate nuisances. 105 91 To provide for the disposal of moneys raised by cities or towns for public improvement after the same has been completed and paid for. 110 93 Requiring the payment into the state treasury of all moneys belonging to the state, received by state in- stitutions. 129 96 To protect domestic livestock from contagious and in- fectious diseases. 143 105 Authorizing the secretary of state to appoint an addi- tional clerk. 146 109 Authorizing the controller to appoint an expert. 148 112 Providing that all encampments of the National Guard shall be held at the state camp of instruction. 149 114 Limiting the hours of daily service of laborers on public works. Supplanted by 1901 :561. 150 115 Providing for the maintenance of a residence for the governor. 152 119 Authorizing the insurance of all property of the Univer- sity of California held for income purposes. 156 125 Authorizing the governor to order the transfer to the general fund of any money that may be in other funds of the state treasury. 157 126 Creating a commissioner of public works. Superseded by 1900:20. 158 127 Regarding organizations, officers, and members of the National Guard who entered the United States volun- teer service in the Spanish-American war. See Pol. C. §§ 1936, 1973a, as amended 1901:581, 585. 166 131 Authorizing the governor and attoruey-geueral to pur- chase for the state certain lands in Humboldt Bay. 171 136 To provide for the inspection of dairies, factories of dairy products, and of dairy products. 177 141 To establish a state normal school in San Francisco. 183 150 To promote the safety of employees and passengers upon street railroads. 1000. 20 12 Creating a commissioner of public works, 1001. 4 8 Granting to the trustees of the Leland Stanford Junior University corporate powers and privileges. 4 9 Exempting from taxation a portion of the property held in trust for the benefit of the Leland Stanford Junior University. 34 38 56 51 69 53 75 60 1548 COMMISSIONERS' REPORT. PAGE CHAP. 1901 — Continued. 7 14 Appropriation to be used in the construction of worl^ for restraining and Impounding debris. 10 20 To prevent the introduction of contagious diseases. Re- pealed 1903:414. 13 24 To provide county inspectors of apiaries. Amended 1903 :7. 15 25 To regulate the practice of barbering. Repealed 1903: 166. 27 32 Authorizing the incurring of indebtedness for municip^il improvements. Act to be known as "The local improvement act of 1901." To regulate the practice of medicine and surgery. To prevent fraud in the sale of Paris green. To provide for a lunch hour for laborers in saw miU^, shake mills, shingle mills, and logging camps. 76 61 To change and permanently locate the boundary line between the counties of Plumas and Lassen. 89 73 To define and establish a portion of the eastern boundary of the state. 95 81 To establish police courts in cities of the first and one half class. Amended 1903 :320, 335. 101 87 To create a firemen's relief, health, and life insurance, and pension fund. Amended 1903:138. 107 91 To regulate the hours of service by members of tk» police department of cities of the first class and of cities and counties. 108 93 Requiring foreign corporations to file a certified copy of their articles of incorporation in the office of the sec- retary of state. 110 95 To provide for independent and unattached companies of the National Guard. 110 96 Appropriations for the benefit of the University of Cali- fornia. 111 97 To authorize suits against the state concerning certain real property. 113 99 To regulate the practice of osteopathy. 115 101 To establish the California polytechnic school. 265 103 To provide for the sale of street railroad and otta^ franchises in municipalities. Probably repealed 1897: 135. Amended 1903 :90. 272 111 Declaring a part of the Sonora and Mono "Wagon road a state highway. 273 113 To provide for the appointment of commissioners of the supreme court. 282 118 To provide in whose name title shall be taken to sites for the construction of restraining or impounding works. 295 134 To provide an additional judge for Alameda County. 296 156 Relative to the meeting place of high school boards. 296 137 Providing for the levy of a special tax for specific pub- lic improvements within municipalities. 298 139 Authorizing the construction and maintenance of drink- ing fountains in the state capitol grounds. STATUTES REMAINING IN FORCE. 1549 PAGE CHAP. 1901 — Continued. 299 140 Legalizing the establishment of high schools in incor- porated cities. 299 141 Regulating the practice of pharmacy and the sale of poisons. 307 143 To provide a continuous appropriation for the support and maintenance of the University of California. 324 149 To authorize the licensing of bicycles, tricycles, and similar vehicles. 331 156 Declaring upon what terms contracts for furnishing water for irrigation shall be valid. 515 160 Authorizing the state board of prison directors to pur- chase California-grown hemp. 516 161 To provide for the appointment of a board of Monterey custom-house trustees. 517 162 Providing for the creation and management of the Cali- fornia redwood park. 535 164 To divide the ctate into legislative districts. 548 165 To divide the state into congressional districts. . 549 166 To change and permanently locate the boundary line between the counties of Butte and Plumas. 552 167 To execute and carry into effect section three of article twenty of the constitution of the state. 553 168 To prevent tampering with animals. 557 170 To provide for the establishment and maintenance of public libraries. 560 171 To permanently locate the boundary line between the counties of Shasta and Plumas. 561 172 Limiting the daily hours of labor on public works. 563 173 To authorize the board of managers of the Southern California state hospital to sell a strip of land. 564 175 To regulate the practice of dentistry. Amended 1903 : 3^2. 573 179 Creating the office of matron of the jail in cities of the first, first and one half, second, and third classes. 575 180 Authorizing the trustees of the state norraal school at San Jose to reconvey to that city a strip of land. 576 182 To establish police courts in cities of the second class. 589 185 To secure to native-born and naturalized citizens the exclusive right to be employed In the public service. 589 186 Empowering boards of supervisors to levy a .special tax for the purpose of displaying products and industries of any county. 600 193 To establish the boundary lino between the county of Humboldt and the counties of Del Norte and Siskiyou'. 601 195 Concerning confirming and ratifying Inases and other contracts made by officers of the state. 603 197 Relating to estrays. 631 205 To rf-'ulate the employment, hours of labor, etc., of children. 636 210 To provide for the maintenance and support in certain cases of indigent, incompetent, and Incapacitated per- sons. 1550 COMMISSIONERS' REPORT. PAGE CHAP. 1901 — Continued. 639 211 Providing for the restoration to capacity of persons ad- judged to be insane. 641 212 To regulate the practice of architecture. Amended 1903 : 522. 643 213 To create a state board of accountancy. 646 214 Authorizing suits against the state on claims arising under an act fixing a bounty on coyote scalps. 658 219 Authorizing governing bodies of municipalities to declare holidays. 660 219 Fixing and denning a miner's inch of water. 663 224 Providing for the marking or branding of barrels con- taining citrus fruit for shipment. 664 226 To provide prosecuting attorneys for police courts in cities of the second class. 666 228 Providing for the appointment of policemen to serve for railroad and steamboat companies. 684 233 For the payment of fees to trial jurors under the act of 1895. 794 236 To provide for the payment of judgments against counties, cities, cities and counties, and towns. 806 253 To provide for the erection of water towers and tanks on the grounds of the Agnews state hospital. 808 258 To provide for removing obstructions in Pitt River. 809 259 Empowering the state board of harbor commissioners to insure against loss or damage by fire the property of the state located on the water-front of San Francisco. 818 273 To provide for certain Improvements in Yosemite Valley. 823 275 To provide for the erection of a modern hospital for the Veterans' Home. INDEX. ABANDONMENT, children, abandoned, care of, Act 1622. Children, of what constitutes, Act 2594. Children, of, punishment of. Act 1622. Children, of: See Orphan Asylums. Irrigation districts, abandonment of operations by, Act 1721. ABORTION, advertising to procure, forbidden. Act 1. ACADE3IIES, issuing arms and accoutrements to. Acts 229, 230. C Military, issuing arms to. Act 230. -* * See Military Academy. ACCIDENT INSURANCE COMPANIES, formation, regulation, powers and duties of. Act 1664. ACCORD AND SATISFACTION, discharge of whole of debt on payment of part. Act 6. ACCOUNTS, board of accountancy, annual report of. p 8, subd. 7. Board of accountancy, appointment and qualification of mem- bers, p. 2, § 1. Board of accountancy, appointments from whom made, p. 2, § 1. Board of accountancy, certificates, issuance, revocation and re- newal of, pp. 2, 3. Board of accountancy, examinations of applicants, pp. 2, 3. Board of accountancy, expenses of how met, p. 2, § 2. Board of accountancy, fees that may be charged by, pp. 2, 3, § 2. Board of accountancy, number of members, p. 2, § 1. Board of accountancy, oaths of members, p. 2, § 1. Board of accountancy, oiHce to be at San Francisco, p. 2, § 2, Board of accountancy, powers and duties of, p. 2, § 2. ' Board of accountancy, surplus of receipts, how used, p. 3, Fubd. 7. Board of accountancy, terms of office, p. 2, § 1. Board of accouniancy, vacanries, how filled, p. 2, § 1. Board of accountancy, who may apply for examination and cer- tificate, p. 3, § 3. Certified public accountant, who Is, p. 3, § 3. Misdemeanor, violation of act creating board of accountancy, p. 3, §4. Money of account. Act 2282. ACCOUTREMENT: See Arms. ACKNOWLEDGMENTS, defective acknowledgments validated. Acts 16-21. Manner of making. Act 903. N. M. Bonham, acknowledgments by legalized. Act 2394. Of deeds and Instruments by prisoner, Act 2764. ACTIONS against state for bounties on coyote scalps authorized. Act 3792. Against state to quiet title to certain land authorized. Act 3793, See also State. (1551) 1552 ADJUTANT-GENERAL — AGRICULTURE. ADJUTANT GENERAlj, additional clerks for revision of records of California volunteers. Act 520. ADMINISTRATORS: See Public Administrators. ADOPTION, illegitimate children, adoption of, Act 26. Minors, adoption of. Act 26. Managers of orphan asylums may consent to. Act 27. ADULT BLIND, Industrial Home of Mechanical Trades for, board of directors for. Act 1480. Industrial Home of Mechanical Trades for, establishment and management of. Acts 1479, 1480. ADULTERATION, analyzing foods and drugs to prevent. Act 40. Analyzing minerals, mineral waters and other liquids to pre- vent. Act 40. Analyzing of mineral plants to prevent. Act 40. Analyzing waters, drugs and foods to prevent. Act 3799. Butter, fraud and deception in manufacture and sale of. Acts 32-34. Cheese, fraud and deception in manufacture and sale of. Acts 32-34. Drugs, adulteration of, forbidden, Act 35. Food, adulteration of forbidden. Acts 35, 36. Honey, adulteration of prohibited. Act 38. Honey, sale of imitation or adulterated. Act 37. Intoxicating liquors, sale and disposal of prohibited. Act 43. Milk, adulteration, prevention and punishment of. Act 39. Olive oil, regulating sale of. Act 41. Syrup, sale of adulterated prohibited. Act 42. Wine, fraud in manufacture and sale of. Act 44. Wine, sophistication and adulteration of, Act 44. ADULTERY, punishment of, Act 49. AFFIDAVITS, county clerk to take affidavits of pension claimants without fee. Acts 829, 2641. AFFILIATED COLLEGES, appropriations for buildings for, Acts 4254, 4255. AGED PERSONS: See Paupers. AGENCY, advances made to agents intrusted with goods. Act 59. AGISTERS, lien on livestock kept, fed or pastured. Act 1947. AGNEAVS INSANE ASYLUM: See Insane. AGRICULTURAL COLLEGE GRANT, governor authorized to re- convey to United States part of, Act 2846. AGRICULTURE; See Horticulture, Viticulture. Agricultural districts, classification of, Act 68. Agricultural districts, consolidation of districts, p. 15, § 2. Agricultural districts, counties, division of into. Act 68. Agricultural districts, directors, on formation of new district, p. 15, § 2. Agricultural districts, directors where several counties in one district, p. 15, § 2. Agricultural districts, division of state into, Act 68. Agricultural districts, fair, appropriations of several districts may be used for, p. 15, § 2. AGRICULTURE. 1553- Agricultural districts, fair, districts may associate lor purpose of holding, p. 15, § 2. Agricultural districts, formation of, Acts 69, 70. Agricultural districts, number of. Act 68. Agricultural districts, management and control of, Act 70. Agricultural societies, appropriations for. Act 72. Agricultural societies, formation of, Act 66. Agricultural societies, powers and government of, Act 66. Assent of state to act of congress applying proceeds of public land for college. Act 624. Associations, annual fair, p. 17, § 8, p. 19. Associations, annual report to state board of agriculture, p. 17, §9. Associations are state institutions, p. 16, § 8. Associations, authority of district board over, p. 19. Associations, board, classification and terms, p. 16, § 7. Associations, board, powers and duties of, p. 16, § 8. Associations, board, president of, term of office, p. 16, § 6. Associations, board, qualification and organization of, p. 16, § & Associations, exhibitions, p. 15, § 3. Associations, fiscal year, p. 16, § 7. Associations, formation of, p. 15, § 3. Associations, heretofore formed continued in force, p. 16, § 7. Associations, issuance of stock in lieu of certificates and pro- cedure on, p. 18, § 11. Associations, issuing stock, directors, election of, p. 20. Associations, issuing stock, effect of and rights on, p. 18, § 11. Associations, issuing stock, meetings of stockholders and election of directors, pp. 19, 20. Associations issuing stock and proceedings on, p. 18, § 11. Associations, new governor to appoint district board, p. 16, § 5. Associations, officers of, p. 15, § 4. Associations, officers of, terms of office, p. 16, § 7. Associations, powers and liabilities of, p. 15, § 3. Associations, realty, for what purposes used, p. 15, § 3. Associations, realty necessary for permanent use not to be sold, p. 19. Associations, sale of realty by, procodure on, p. 17, § 10. District board, classification and organization, secretary to re- port to state board and governor, p. 17, § 9. District board, vacancies in, report of to governor and filling of, p. 17. § 9. Encouragement of. Acts 71, 72. Formation of corporations for direct promotion of. Act 290. Fruit trees, better protection of, Act 73. Johnson grass, prevention of propagation of. Act 74. Protection of. Act 4304. Protection of In particular counties: See Particular Title. Sale of fertilizers and manurial materials, regulation of, Act 1157. Sorghum halepcnse or Johnson grass, prevention of propaga- tion of, Act 74. State agricultural society, exchange of property by, p. 11, §§2, 3. State agricultural societies, incorporation of. Act 65. 1554 AGRICULTURE — ALAMEDA COUNTY. State agricultural society, management and control of. Act 67. State agricultural society, sale of property authorized, p. 8, § 1. State agricultural society, sale of property, commissioner, ap- pointment and duties, p. 9. State agricultural society, sale of property, costs and ex- penses of, p. 10. State agricultural society, sale of property, deeds to state to be executed, p. 9. State agricultural society, sale of property, deed, title pass- ing by, p. 9. State agricultural society, sale of property, defective title, indemnity purchaser, pp. 10, 11. State agricultural society, sale of property, disposition of pro- ceeds, pp. 9, 10. State agricultural society, sale of property, how conducted, p. 9. State agricultural society, sale of property, procedure, p. 8 et seq. Vines, better protection of. Act 73. ALiAMEDA CITY, Bay Avenue, Act 81. Broadway, Act 81. Buena Vista Avenue, Act 80. Clinton Avenue, Act 81. Incorporation of, Acts 83, 84, Park Street, Act 80. Pearl Street, Act 81. Railroad Avenue, Acts 80, 81. San Jose Avenue, Act 81. Santa Clara Avenue, Acts 80, 81. School department, funds for. Act 82. Streets in, opening. Act 79. Third Avenue, Act 80. Versailles Avenue, Act 81. ALAMEDA COUNTr, Alameda City: See Alameda City. Assessor, abolition of office and creation of township asses- sors. Act 91. Berkeley horse railway company, resolution granting certain rights to ratified. Act 108. Certain creek in declared navigable. Act 4357. Constable, duties of. Act 92. County clerk, additional deputies. Act 93. County clerk, deputy, salary of. Act 90. County clerk, salary of. Act 90. County jailer, salary of, Act 100. Creeks in declared navigable. Acts 4359, 4360. District attorney, salary of. Act 90. Fees, regulation of. Act 106. Firemen, exemption of from poll tax. Act 4063. Fish, destruction of in prevented. Act 1323. Gophers in, destruction of, Acts 111, 186. Growing timber on private grounds, destruction of prevented. Act 1577. Hides of slaughtered cattle, keeping of. Act 182. Hunting on private inclosed grounds in, prevention of, Act 1577. ALAMEDA COUNTY— ALIENS. 1555 Johnson's creek, navigability of. Act 4360. Justice's court, executions from. Act 105. Licenses, collection of. Act 107. Oakland: See Oakland. Officers, fees of, regulation of, Act 106. Officers, salaries of. Acts 89, 90. Recorder, deputy, salary of, Act 90. Recorder of, salary of. Act 90. Road overseers, compensation of. Acts 97, 98. Road overseer of Brooklyn road district, salary of. Act 98. San Antonio Creek, drawbridge across autLiorized, Act 3098. San Antonio, estuary of, supervisors to have control of bridge across. Act 104. San Leandro Creek, navigsibility of. Act 4360. School moneys, transfer of to and from state treasury. Act 109. Sheriffs, compensation of, Act 100. Sheriffs, deputy, salaries of. Acts 100, 101. Squirrel nuisance, abatement of. Act 112. Squirrels in, destruction of. Acts 111, 186. Stallions prevented from running at large in. Act 1063. Superior judges, additional, for. Acts 94-96. Supervisors, compensation of, Act 102. Thistle, propagation prevented in. Act 4104. Treasurer of, salary of, Act 90. Washington township, certain creek in declared navigable, Act 4359. AliAMEDA CREEK declared navigable, Act 117. Removal of obstructions in. Act 117. ALAMEDA, OAKLAND AND PIEDMONT RAILWAY, certain privileges granted to, Act 2511. ALDERMEN: See Supervisors. ALIENS, Chinese, licenses not to issue to. Act 122. Chinese prohibited from fishing. Act 125. Citizens only to be employed in public service. Act 2543. Fishing prohibited by aliens incapable of becoming electors. Act 125. Indexing names of persons declaring Intention of becoming citizens, Act 2434. Inheritance, property to be claimed within five years, Act 124. Inheritance, right of, Act 124. Licenses not to issue to aliens not eligible to become electors. Act 122. Miners' licenses from foreigners, Act 1936. Miner's license not to Issue to aliens Ineligible to become citi- zens, Act 1937. Names of persons declaring their Intention to become citizens to be indexed, Act 123. Naturalization, no fees to be charged, p. 321, § 226. Naturalization, prepayment of fees not necessary in, p. 320, §221. Not to be given public employment. Act 127. Office, aliens not to be appointed to, Act 126. Prohibited from fishing in waters of this state, Act 1320. 1556 ALMSHOUSES — AMENDMENTS. ALMSHOUSES: See Paupers. Funds of pauper, refunding, p. 983, § 8. Support a county charge, p. 221. § 228, subd. 7. Support, duty of kindred, pp. 982, 983, §§ 6, 7. Support, inquiry into ability of inmate or relatives, p. 981, § 5. Support, property subsequently acquired chargeable with, p. 982, § 6. Support, property subsequently acquired, duty of district at- torney, pp. 982, 983, §§ 6, 7. ALPIXE COVIVTY, assessors to pay deputies in. Acts 255, 4062. Fees and salaries of officers of. Act 132. Jurors in, grand and trial, tax for payment of. Act 135. Officers of, fees and salaries of, Act 132. Sheriffs of, traveling fees of. Act 133. Stallions prevented from running at large in. Act 1063. Taxes, delinquent, extending time for selling property for. Act 136. Treasurer of, bond of. Act 134. Trespassing of animals in. Act 1071. ALTURAS, Dorris bridge, name of changed to Alturas, Act 970. ALVISO CITY, incorporation of. Act 141. A3IADOR, CITY, hogs and goats running at large in. Act 146. AMADOR COUXTY, animals of another, woimding in, punishment of. Act 1593. Assessors to pay deputies in. Acts 255, 4062. Fences in. Acts 1134, 1135. Fences, division, in. Act 1138. Fences in, tearing down of, prevention of. Act 1593. Fiddletown, name of changed to Oleta, Act 1163. Fires, leaving of, punishment of, Act 1593. Goats, trespassing of on inclosed land prevented. Act 158. Hunting on inclosed private land, prevention of. Act 1593. Officers of, salaries and compensation of. Act 151. Oleta, Fiddletown, name of changed to. Act 1163. Passing through inclosures and leaving them open. Act 1593. Payment by to Calaveras county of interest on indebtedness. Act 155. Plymouth, hogs and goats prevented from running at large in. Act 2718. Revenue of. Act 153. Roads in, location, construction and maintenance of. Act 156. Roads, supervisors authorized to declare certain road a toll road, Act 157. Stallions prevented from running at large in, Act 1063. Supervisors, act relating to, Act 152. Sutter Creek. tov>nship 2, hogs running at large in, prevention of. Act 1065. Sutter Creek: See Sutter Creek. Tax, additional, supervisors authorized to levy. Act 154. Toll road, supervisors authorized to declare part of certain road a toll road, Act 157. AMENDMEXTS, articles of Incorporation, of. Act 762. Charter, amendments to. election upon. Act 1014. To constitution, submission of. Act 705. AMERICAN FLAG — ANIMALS. 1557 AMERICAN FLAG, desecration of prohibited, Act 1198. AMERICAN FORK, navigability of, Act 4358. AMERICAN RIVER, fish commissioners authorized to remove ob- structions in. Act 1303. AMERICAN AVATER AND MINING COMPANy authorized tO extend its works. Act 163. AMUSEMENTS: See Theaters. ANAHEIM, incorporation of. Act 168. Incorporation of, legalizing. Act 169. ANALYST, STATE: See State Analyst. ANATOMY, study of, act providing for. Act 174. Surrender of dead bodies for dissection. Act 937. Promotion of study of. Act 937. ANIMALS: See Fish, Game. Assessment of migratory herds and distribution of taxes. Act 4053. At large in particular county or town: See Particular Title. Bounties for destruction of wild animals, Act 189. Bounties on coyote scalps. Act 403. Bounties in coyote scalps, actions against state for authorized, Act 3792. Branding of calves in certain counties, Act 183. Cattle, hides of slaughtered, inspection of. Act 184. Cattle, hides of slaughtered cattle, preservation of. Acts 182, 183, 184. Combinations to obstruct sale of live stock, prevention of. Act 191. Contagious diseases, prevention of spread of amongst stock. Act 877. Coyote scalps, bounty on, Act 851. Cruelty to animals, prevention of. Acts 869-871. Destruction of, power of .supervisors, p. 132, subd. 26. Diseases, contagious and infectious, prevention of amongst ani- mals, Acts 179, ISO. Dogs: See Dogs. Drugs or poisons, administering to. Act 192. Estray animals. Acts 1062 et seq. Estiays, care reQuirtd cf taker up and liability of, p. 397, § 8. Estrays, demand by owner and tender of expenses, pp. 395, 396, §§ 3, 4. Estrays, law relating to does not affect impounding laws la city, p. 397. § 9. Estrays, lien for keeping, p. 394, § 1. Estrays, may be taken up, p. 394, § 1. Estrays, notice of, taking up, filing with recorder, p. 394, § 2. Estrays, owner not appearing or paying charges, proceedings, p. 396, § 5. Estrays, repeal of acts relating to, Act 1073. Estrays, sale of and disposition of proceeds, pp. 396, 397, §§ 5-7. Goats: See Goats. Gophers, destruction of. Acts 1S6, 188. 1558 ANIMALS — APPEALS. Gophers In particular counties: See Particular Title. Hides of slaughtered cattle, inspection of. Act 184. Hides of slaughtered cattle, preservation of. Acts 182, 183, 184. Hogs prevented from running at large on townsites. Acts 1068, 1070. Hunting on private grounds in certain counties, prevention of. Act 1577. Injurious to trees, vines and vegetables, prevention of intro- duction of into state. Act 1517. Jacks: See Jacks. Judges of the plains. Act 1741. Liens of owners of bulls, stallions or jacks used for propaga- tion. Act 1948. Lien on livestock kept, fed or pastured, Act 1947. Migratory, assessment of, Act 4052. Oysters: See Oysters. Particular animals: See also Particular Title. Poisons, administering to. Act 192. Poultry: See Poultry. Pounds, maintenance and regulation of, p. 129, subd. 14. Quarantine against domestic animals from infected districts. Act 2910. Pecords of slaughtered animals in certain counties. Act 183. Rodeos, regulation of, Acts 3027, 3028. Sheep: See Sheep. Squirrels, destruction of. Acts 186, 187, 188. Squirrels in particular counties: See Particular Title. Stallions: See Stallions. State veterinarian, creation of office of. Act 180. Tampering with, prevention of, Act 192. Trespassing of animals upon private property, prevention of. Act 1061 et seq. Veterinary surgery: See Veterinary Surgery. Wild, destruction of, Acts 185, 188. 189. "Wild, bounty for destruction, supervisors authorized to fix. Act 185. Wounding animals of another, punishment of, Act 1593. ANNUITIES. Annuity insurance companies, formation, regulation, powers and duties of. Act 1664. Teachers' annuity and retirement fund. Act 3570. Teachers' annuity and retirement fund, withdrawal of con- tributor. Act 3571. ANNULMENT, protection district for non-user, Act 2803. Reclamation district for non-user. Act 2803. ANTIOCH, boundaries of, Act 197. Incorporation of. Act 197. ANTONIO CREEK declared navigable. Act 202. ANTWERP MESSENGERS: See Homing Pigeons. APIARIES: See Bee Culture. APOTHECARIES: See Pharmacy. APPEALS from orders relating to reclamation or swamp land districts. Act 2976. APPRENTICES — ARCHITECTURE. 1559 APPRENTICES, act relative to apprentices and masters, Acts 212. 213. Binding minors as clerks or servants, Acts 212, 213. Orphan asylums, managers of authorized to bind children as, Act 214. APPROPRIATIONS, first class cities, appropriation bills, p. 661, §61. ARBITRATION, STATE BOARD OF, application, p. 32, § 2. Appointment of members, p. 32, § 1. Appropriation for expenses of, p. 33, § 7. Chairman, p. 32, § 1. Compensation and expenses of, p. 33, § 6. Complaints and grievances and investigation of, p. 33, § 5. Contract against strike or lock-out and proceedings on viola- tion, p. 33, § 3. Decision, how long binding, p. 33, § 4. Decision, notice that party will not be bound by. p. 33, § 4. Decision, within w^hat time to be decided, p. 33, § 3. Duties, p. 32, § 2. Hearing, notice of, p. 33, § 3. Hearing and decision, pp. 32, 33, §§ 2, 3, 4. Oaths of members, p. 32, § 1. Procedure and rules, p. 32, § 1. Proceedings where parties do not agree upon, p. 32, § 1. Qualifications of members, p. 32, § 1. Refusal to submit to, selection of new board, p. 32, § 1. Term of office, p. 32, § 1. Vacancies in, filling, p. 32, § 1. ARCATA, incorporation of. Act 4209. Union, name changed to Areata, Act 4209. ARCHITECTURE, certificate, fees for recording, p. 37, § 4. Certificate, cancellation of for non-payment of license fee, p. 39, § 7. Certificate, new. Issuance of after revocation, p. 38. Certificate, practicing without, penalty, p. 37, § 5. Certificate, revocation of, pp. 37, 38, §§ 4, 5. Certificate, temporary, issuing to non-resident architect, p. 38. Certificate to be recorded, p. 37, § 4. Certificate to practice, issuance of, p. 36. Certificate without passing examination when granted, p. 37, § 4. District boards, time and place of meeting, p. 36. Examination, certificate granted without when, p. 33, § 4. Examination, fees of applicant, p. 36. Examination of applicants, times and places of holding, p. 36. Examination, who entitled to take, p. 36. Fee, annual license fee of architect, p. 39, S 7. Fees for recording certificate, p. 37, § 4. Fees for temporary certificate issued to non-resident, p. 38. License fee, annual, p. 39, § 7. Non-resident architect, fee for temporary certificate, p. 38. Non-resident architect. Issuing temporary certificate to, p. 38. Non-resident architect, right to employ, p. 38. Northern district, p. 34, § 1. Public buildings, bond of architects for contract, Act 2896, § 2. 1560 ARCHITECTURE— ARTESIAN WELLS. Seal of certificated architect, p. 38, Southern district, p. 34, § 1. State board, appoiBtment of, p. 34, § 1. State board, compensation, members act without, p. 34, § 1. State board, expenses of, how paid, p. 34, § 1. State board, meetings and quorum, p. 36. State board, number of, p. 34, § 1. State board, oaths of members, p. 35, § 2. State board, officers of, p. 35, § 2. State board, officers of, appointment and term of office, p. 35, § 2. State board organization and appointment of officers, pp. 35, 36, §§2, 3. State board, records open to inspection, p. 35, § 3. State board, qualifications of members, p. 34, § 1. State board, rules and regulations, pp. 35, 36, § 3. State board seal, p. 35, § 3. State board, secretary, duties of, p. 35, § 3. State board, terms of office, pp. 34, 35, § 1. State board, vacancies, how filled, p. 35, § 1. ARCHIVES, keeper of, appointment, duties and salary of. Act 1779. ARMORY: See National Guard. ARMS: See Military Academy. Issuing to colleges and academies, Acts 229, 230. Sale of fire arms and ammunition to Indians forbidden. Act 1604. ARMY AlVD IVAVY: See National Guard; Soldiers and Sailors; Veterans' Home ; Woman's Relief Corps. Jurisdiction over lands acquired for military purposes ceded to United States, Act 3S29. Relinquishment to United States of lands required for military or naval purposes. Act 4214. Soldiers, sailors and marines of war of rebellion preferred In public service. Act 2893. Title to tide lands adjacent to lands held for military pur- poses ceded to United States, Act 3831. Unlawful wearing of badge of Grand Army of the Republic, prevention of. Act 1392. ARRJSST, escape or rescue, liability of sheriff, pp. 152, 153, §§ 95- 97. Posse comitgtus, supervisors authorized to pay expenses of. Act 3959. Relief of persons imprisoned en civil process. Act 235. ARROYO DEL, 3Iii!DO declared navigable, Act 240. ARROYO DEI, SAX AXTOXIO declared navigable. Act 1798. ARTESIAN AVEI.^e defined, p. 40, § 3. Misdemeanor, permitting waste of water, p. 40, §§ 1, 2. Misdemeanor, fine and costs, p. 41, § 5. Misdemeanor, proceedings for and punishment of, p. 41, §5. Nuisance, artesian well not capped, is, p. 40. § 1. Particular countiee. in: See Particular Title. Regulation of use of. Act -looR. Roadmastei-s, duty of on complaint, p. 41, § 6. ARTESIAN WELLS — ATTORNEY AT LAW. 1561 Supervisors, duty of on complaint, p. 41, § 6. To be capped so as to prevent flow of water, p. 40, § 1. Waste defined, p. 41, § 5. Waste from, permitting a misdemeanor, p. 40, § 1. ART GALL.E:RIf]S, assumption of control by trustees. Act 4164. Gifts and donations to, encouragement and protection of, Acts 4162, 4163. Relinquishment of rights in by founder or wife. Act 4164. Trusts for benefit of, creation of. Acts 4162, 4163. , Trusts for benefit of, determination of validity authorized. Act 4165. ASSAULT, assault upon certain federal and state oflBcials, punish- ment of, Act 693. Caustic or corrosive liquids, assault with, punishment of. Act 250. ASSEMBLY, assembly districts. Acts 1905-1909. ASSESSMENTS: See Irrigation Districts; Levee Districts; Streets; Taxation. Reclamation districts, in, equalization of. Act 2972. Reclamation district No. 108, Yolo County, warrants and as- sessments to bear interest. Act 2956. Reclamation districts Sacramento County, delinquent assess- ments, collection of. Act 2968. See Reclamation Districts. Swamp land district No. 118, Contra Costa County, assess- ment in. Act 2958. ASSESSOR: See Taxation. ASSIGNEES, corporations authorized to act as. Act 1055. Corporation acting as, rights and duties of, Act 1055. Bonds, deposit of money or assets with corporation and re- duction of bonds, Act 1055. Corporations as, and powers and duties of. Act 770. Deposit of moneys or assets with corporation and reduction of bonds. Act 1055. ASSIGNMENT OF CONTRACTS, bonds, due bills, etc., made assignable. Act 260. ASSOCIATIONS: See Uninforporated Associations. ASYLUMS: See Deaf, Dumb r.nd Blind Asylum; Orphan Asylums. Sheriff, compensation of, for carrying insane persons to. Act 3627. State hospital for miners. Act 2224. ATTACHMENTS, expenses for property seized on attachment or execution and how paid, p. 318. Unsafe banks, proceedings against, effect on executions or, p. 50. ATTORNEY AT I-.'^W, act concerning. Act 271. City attorney, a'-^sistants In cities and cities and counties over certain size, Act 599. Foreclosure, attorneys' fees and other charges in, abolition of. Act 2330. Foreclosure, attorneys' fees to be fixed by court. Act 1213. Gen. Laws— 66 1562 ATTORNEY AT LAW — BANK COMMISSIONERS. For state board of health and board of health of San Fran- cisco, Act 2S31. OflBcers, certain, not to have law partner, p. 146, § 65. Ofl5cers, certain, not to practice law, p. 146, § 65. Police courts in cities of first class, qualifications of attorneys, p. 759, § 243. Qualifications to practice before justices in cities of first class, p. 754, § 227. ATTORIVEY-GENERAL, authorized to bid in property for benefit of state. Act 265. Commissions, payment of for collection of delinquent taxes legalized, Act 4046. Contracts for public buildings, to enforce, p. 1056, § 11. Providing office of with law books. Act 266. State librarian to furnish with law books, Act 266. Unsafe bank, proceedings against, duty of, pp. 49 et seq., § 10. AUBURN, trustees authorized to remove cemetery and to donate land for park. Act 276. AUDITORS, acts of legalized. Act 2982. Bonds of: See Bonds. Cities of first class, audited, meaning of, p. 696, § 92. Cities of first class, auditing of demands, pp. 695, 696, §§ 91-94. Cities of first class, demand of auditor, how audited, p. 696, § 94. Cities of first class, demands, remedy on rejection of, p. 699, §99. Cities of first class, powers ani duties of, p. 705, § 121. Cities of first class, receipts, duty in relation to, p. 699, § 98. Deputies and assistants in various counties and salaries of: Se6 Counties. Duties of, enumerated, pp. 155-157, §§ 109-118. Estimates of revenue, furnishing to supervisors, p. 137, S 36. Office hours, p. 145, § 61. Recorder and auditor, separation of in counties of fifth class, p. 197, subd. 17. Salaries and fees in various counties: See Counties. Statement of fees to precede warrant for salary, p. 320. § 221. Statement of indebtedness and property, preparing for super- visors, p. 142, § 50. Statements of to supervisors, p. 137, § 36. Swamp land funds paid into county treasuries, duties of auditor, controller and treasurers. Acts 1280, 1920. AUTOMOBILES, franchises for paths and roads for bicycles and horseless vehicles, Act 1464. BAIIiMElVTS : See Pawnbrokers; Warehouses. BAKING, forbidden between 6 P. M. Saturday and 6 P. M. Sun- day, Act 3951. BAIiL., ROBERT C, authorized to sue state. Act 3788. BALLAST, throwing overboard of ballast prevented. Act 4354. BANK COMMISSIONERS, actions to recover moneys due, pp. 62, 53, §§ 15, IS. Appointment of, p. 45, § 1. BANK COMMISSIONERS. 1563 Bank commissioners' fund, p. 52, § 15, Banks to contribute ratably to pay salaries and expenses of, p. 52, § 15. Bond, p. 45, § 2. Books of record to be kept by, p. 53, § 16. Books of record open to inspection, p. 53, § 16. Copies of papers to be furnished without charge, p. 52, 5 IS- Creation of board of, p. 45, § 1. Duties, general, enumerated, p. 46, § 3. Examination of officers of banks, p. 46, § 5. Examining banks and making report, p. 46, § 4. Expenditures, how audited and paid, p. 52, § 13. Expiration of term, delivery of property and papers after, p. 52, §19. Governor to appoint, p. 45, § 1. Insolvent bank, commissioner neglecting to report, punishment, p. 47, § 6. Legal successors of previous commission, p. 54, § 22. License, failure to procure, punishment of, p. tl, § 7. License not issued to what corporations, p. 54, § 21. License to be procured from by banks, p. 47, § 7. Misdemeanor, neglecting to report insolvent bank, p. 47, § 6. Misdemeanor, officer refusing to appear and testify, p. 46, § 5. Moneys collected to be paid to state treasury, p. 52. § 15. Moneys due may be recovered by, pp. 52, 53, §§ 15, 18. Not to be interested in banks, p. 45, § 1. Not to engage in other business, p. 51, § 11. Number of, p. 45, § 1. Office hours, p. 52, § 13. Offices, stationery, fuel, etc., p. 52, § 13. Pretending to do banking business by institution not subject to, punishment of, p. 54, § 21. Private banks, report of to, p. 53, § 20. Qualifications, p. 45, § 1. Repeal of act creating, Act 295. Report, annual, to be furnished legislators, p. 51, § 12. Report, failure of bank to make, punishment, p. 49, § 9. Report by private banks to, p. 53, § 20. Report of banks to, p. 47, § 8. Report open to inspection, p. 52, § 14. Report to be kept on file, p. 52, § 14. Salary of. p. 51, § 11. Secretary, appointment of, p. 52, § 13. Secretary, salary of, p. 52, § 13. Subpoenas, may issue, p. 53, § 17. Term of office, p. 45, § 1. Traveling expenses, p. 51, § 11. Unsafe bank, duties of, p. 50. Unsafe bank, liquidation of, powers and duties of commis- sioners, p. 51, § 10. Unsafe banks, proceedings against, p. 49, § 10. Unsafe bank, proceedings against, duty of attorney-general, pp. 49 et seq., § 10. Unsafe banks, proceedings against, effect on attachments or executions, p. 50. 1564 BANK COMMISSIONERS— BATTALION. Unsafe bank, proceedings against, power to hire attorney, p. 51, §10. Unsafe bank, receiver for, appointment of, p. 50. Unsafe bank, receiver for, bond of, p. 50. Vacancies, filling, p. 45, § 1. Visiting, examining and reporting on banks, p. 46, § 4. Witnesses, obedience of, how enforced, p. 53, § 17. Word "bank" or "savings" not to be used where not subject to supervision, p. 54, § 21. BAJTKRrPTCY AXD INSOLVEXCT. Insolvency law. Act 1654. Insolvent debtors, acts for relief of, Acts 281-283. BABiKS. bank commissioners: See Bank Commissioners. Banking, persons, associations or corporations prohibited from exercising privileges of. Act 22S4. Banks and trust companies, no limitations against. Act 3877. Certificates of deposit, action for after death, limitation on. Act 3876. Contribution to pay salaries and expenses of bank commis- sioners, p. 52, § 15. Creation of paper to circulate as money, forbidden. Act 2284. Deposits, unclaimed, publishing statements as to. Acts 292, 293. License, failure to procure, punishment of, p. 47, § 7. License not issued to what corporations, p. 54, § 21. License, to procure from bank commissioners, p. 47, § 7. Pretending to do banking business by institution not subject to bank commissioners, punishment, p. 54, § 21. Private banks, report of to bank commissioners, p. 53, § 20. Report of banks to bank commissioners, p. 47, § 8. Report, punishment for failure to make, p. 49, § 9. Savings banks, collection of deposit by next of kin. Act 1052. Savings banks, deposits, unclaimed, publication of statements as to, Acts 292, 293. Savings banks, dissolution and winding up of and disposition of funds, Act 294. Savings corporation, formation of, Acts 288-290. Statements of unclaimed deposits, publication of. Acts 292, 293. Statements, sworn, publication of. Acts 291-293. Unsafe bank, liquidation of, powers and duties of commis- sioners, p. 51, § 10. Unsafe, proceedings against by commissioners, p. 49, § 10. Unsafe bank, proceedings against, duty of attorney-general, pp. 49 et seq., § 10. Unsafe banks, proceedings against, effect on attachments or executions, p. 50. Unsafe bank, proceedings against, power to hire attorney, p. 51, §10. Unsafe bank, receiver for, appointment of, p. 50. Unsafe banks, receiver for. bond of, p. 50. Unsafe banks, receivers for, duties of, p. 50. Word "bank" or "savings" not to be used by what instltutiona, p. 54, § 21. BARBERS, regulation of the practice of barbering. Act SOL BATTALIOX: See Naval Battalion. BEACONS— BOARD OF COMMISSIONERS. 1565 BEACON'S, mooring to buoys or beacons prevented. Act 4354. Protection of. Acts 435, 2445. BEE CULTURE, inspectors of apiaries, supervisors authorized to appoint. Acts 306, 307. Inspectors of apiaries, compensation, duties and powers of. Acts 306, 307. San Bernardino County, regulation and protection of bee-keep- ing. Act S115. BENEFIT SOCIETIES, authorized to incorporate. Act 3005. Mutual benefit and relief associations, act relating to. Act 312. BENEVOLENT CORPORATIONS, formation of corporations for benevolent purposes, Acts 317, 318, 319. BENICIA, assessor of, election of. Act 326. City marshal of, election of. Act 326. Government of. Act 327. Incoi'poration of under municipal corporation bill, Act 327. Titles in, settlement of, Act 324. Treasurer of. Act 326. Waterfront of city ceded to. Act 325. BERKELEY, incorporation of, Act 332. Justices' court for, creation of, Act 333. BERKELEY HORSE RAILW^AY CO., resolution of supervisor* granting certain rights to, ratified. Act 108. BICYCLES, licenses on, Act. 1942. Licensing of authorized, Act 2345. Franchises for paths or roads for. Acts 1234, 1464. BIGLER: See Lake Bigler. BIGr OAK PLAT ROAD, appropriation to purchase, Act 1452. BIG OAK FLAT AND YOSEMITE TURNPIKE ROAD, pur- chase of, Act 4468. BIG RIVER TOWNSHIP, Mendocino County, purchase and con- struction of free bridges in. Act 2167. BIG TREE GROVE, management of. Act 339. Protection of. Act 1405. Protection of big trees in Fresno, Tulare and Kern counties. Act 338. BILLS AND NOTES, act relating to bills of exchange and promis- sory notes. Act 344. BIRDS: See Game. BIRTHS, record of in cities of first class, pp. 740, 741, §§ 183, 184. BLIND: See Adult Blind. BLIND ASYLUM: See Deaf, Dumb and Blind Asylum. BLUE BOOK, compilation, printing, binding, publishing and dis- tribution of, Act 349. BLUE CRANES, capture and destruction of prevented, Act 1316. B'NAI BRITII, corporate powers conferred on order of, Act 854. BOARD OF ACCOUNTANCY: See Accounts. BOARD OF COMMISSIONERS, state, to issue bonds to pay funded indebtedness, creation of, Act 381. Particular commission: See Particular Title. 1566 BOAPwD OF EQUALIZATION— BONDS. BOARD OF' EQUALIZATION: See Taxation. BOARD OF EXAMI.VERS, duties of, Act 362. Furnishing board, is, for state officers and legislators, Act 359. Money.: from school lands, to invest in county bonds. Act 360. Old furniture and material, authorized to sell. Act 361. Supplies for state ofncers and legislators, to furnish. Act 359. BOARD OF FREEHOLDERS, elections for, Act 367. BOARD OF HEALTH: See Public Health. BOARD OF TRADE, acknowledgments by validated, Act 19, Formation of. Act 568. BOLINAS BAY, destruction of fish in prevented, Act 1324. BONDS, assignability of. Act 260. Assembly hall, bonds for construction of. Issuance, Act. 2372. Assembly halls, bonds for, sale and payment, Act 2372. Board of examiners to invest moneys from school lands in county bonds. Act 360. Bonded indebtedness, counties authorized to create. Acts 371, 373. Cities of first class, bonds of officers, p. 648, § 24. Cities of second class, officers of, bonds of, p. 772, § 302. Cities of second class, officers not to be sureties, p. 772, § 304. Cities of second class, bonded indebtedness, how paid, p. 782, §331. Cities of third class, bonds of officers of, p. 806, § 504. Cities of third class, taxes in case of, p. 818, § 534. Cities of fourth class, bonds of officers of, pp. 830, 831, §§ 605, 606. Cities of fifth class, bonds of officers of, p. 868, § 753. Cities of sixth class, bonds of officers of, p. 896, § 853. Compromise of bonded indebtedness by city, Act 386. Consent to judgment by city in favor of holders of bonds. Act 386. Counties authorized to create bonded indebtedness. Acts 371, 373. County indebtedness, refunding and Issuing bonds, p. 125, subd. 13. Declaring all bonded indebtedness due at once by city. Act 386. Deposit of moneys or assets with corporation and reduction of bonds. Act 1055. Destruction of municipal bonds executed and remaining unsold, Act 385. Election by counties on question of issuing bonds for debts not authorized. Act 384. Election on question of issuing bonds by cities for expenses of year 1883, Act 383. Failure to provide for payment of bonds or interest, p. 128. Ferry and passenger depot of San Francisco, bonds for con- structing and furnishing. Act 1426. Form of county, p. 127. Form, may be issued as coupon or registered bonds. Act 387, §2. Funding of county indebtedness. Acts 369, 370, 373. BONDS. 1567 Improvements by city, chaia^.er and form of bonds, pp.1063, 1064, §§ 6, 7. Improvements by city, for, interest on, p. 1064, § 7. Improvements by city, issuance of bonds for. Act 2371, Improvements by city, sale of bonds and application of pro- ceeds, p. 1063, § 6. Improvements by city, for, tax levy, p. 1064, § 8. Improvements by city, limit on amount, Act 2371, § 4 ; p. 1063, §5. Improvements, city, sale and payment of. Act 2371. Interest on state bonds held in trust for university and school funds, payment of, Act 374. Irrigation: See Irrigation. Levee districts: See Levee Districts. Officers, of certain, p. 146, § 66. Officers of particular county: See Particular Title. Official, approval of, p. 146, § 66. Official, justification of sureties, p. 146, § 66. Official, liability of sureties on, p. 145, § 62. Official, premium, payment of by state, county or city. Acts 379, 2544. Official, recording and filing of, p. 146, § 66. Official, suits on, Act 378. Official, surety corporations allowed to act as sole surety. Act 377. Particular counties, bonds of: See Particular Title. Reclamation districts, of: See Reclamation Districts. Refunding bonds, form of, p. 127. Refunding bonds, issuance, sale and redemption of. Act 382. Refunding of deBt in cities other than first class, authorized, Acts 2367, 2368. Refunding, supervisors authorized to refund, Acts 362, 3961. Refunding indebtedness and issuing of bonds, p. 125, subd. 13. Registry, may be issued as registered or coupon bonds. Act 387, §2. Registry of municipal bonds. Act 387, § 1. Registry of municipal bonds, effect of and rights of holder. Act 387, § 1. Registry of municipal bonds, form of, Act 387, § 1. Sanitary districts, of: See Sanitary Districts. Schools: See Schools. Seawall in San Francisco, state bonds for, submission of pro- posal to electors. Act 376. State, board of commissioners to Issue bonds to pay funded indebtedness, creation of. Act 381. State capitol, for. Act 3805. State, redemption and payment of funded Indebtedness, Act* 375, 380, 381. Street improvement bonds, system of. Act 3932. Submitting to qualified electors proposed issue of bonds, Act 372. Waters, Issuance of bonds by cities to protect from overflow. Act 2366. Waters, bonds to protect cities from overflow, sale and pay- ment. Act 2366. 1568 BOOKS — BRIDGES, BOOKS, mining corporation, of, are open to inspection. Act 2239. Particular officers, of: See Particular Title. BOOMS, franchises for constructing, supervisors authorized to grant, Act 392. Supervisors authorized to permit building. Act 4362. BOULEVARD, cities and cities and counties authorized to acquire and maintain, Act 2879. BOUNDARIES, county boundaries: See County Boundaries. Irrigation districts, of, change of, Act 1719. Municipal corporations, change of, Acts 2373, 2377, 2379. State, correction, defining and establishment of eastern bound- aries. Acts 397, 398. BOUNTIES, actions against state for bounties on coyote scalps authorized. Act 3792. Destruction of wild animals, bounty for. Acts 185, 189. Coyote scalps, on. Acts 403. S51. Ramie fiber, bounty for, Act 2937. BOURX, A. J., claim of, against state, appropriation to pay. Act 3788. BOWMAN, JAMES, governor authorized to execute quit-claim deed to successors of, Act 13S6. Interest of state in waterlot quit-claimed to successors of. Act 4028. BRANCIFORTE, titles in, settlement of. Act 408. BRANDS: See Marks and Brands. BRAKES, brakes and fenders, street cars and dummies to be equipped. Act 2932. BRAZOS DEL. iilO, name changed to Rio Vista, Act 413. BRIDGES, cities authorized to maintain. Act 418. City limits, within, expense of building or reconstructing. Act 419, § 2. City limits, within, pov,'er of county supervisors to repair, rebuild or change location of. Act 419, § 1. Contracts for, change of, p.lES, § 38. District attorne7 to proceed against persons neglecting to pay ferry or bridge license. Act 1938. Estuary, pond, swamp or arm of bay, bridge across and powers of supervisors, p. 73, § 8. Feather River, bridge across declared a free bridge. Act 1103. Joint bridge, construction of by county and person or corpora- tion, maintaining. Act 419, § 1. Joint bridge, division of expense of building and maintaining. Act 419, § 2. Navigable stream, franchises to erect bridge across, supervisors may grant, p. 72, § 1. Navigable stream, supervisors granted power to erect, p. 72, § 1. Navigable stream between counties, either county may con- struct bridge when, p. 72, § 3. Navigable stream between counties, supervisors may join to construct bridge over, p.72, § 3. Navigable stream, franchises to erect, county on left bank controls, p. 72, § 2. BRIDGES— BUTTE COUNTY. 1569 Navigable stream, state engineer, hearing before, p. 72, § 5. Navigable stream, state engineer, notice to and duty of, p. 72, §4. Navigable stream, state engineer, plans of, p. 72, § 5. Navigable streams, surveyor-general performs duties of state engineer when, p. 73, § 6. Navigable streams, tolls: See Toll Bridges. Particular county, in. Act 1266. Plans and specifications, change of, p. 138, § 37. Supervisors, pov/ers and duties of, p. 121, § 25, subd. 4, Toll: See Toll Bridges. BROOKLYN, incorporation of, Act 425. BUILDING AND LOAN ASSOCIATIONS, board of commis- sioners of, creation of. Act 430. Board of commissioners of, powers and duties of, Act 430. BUILDINGS: See Public Buildings. Plumbing and drainage of buildings, regulation of by boards ol health. Acts 2S3S, 2839. BUOYS, mooring to buoys or beacons prevented, Act 4354. Protection of. Acts 435, 2445. BURIAL: See Cemeteries. Exhumation and removal of dead bodies, regulation of, Acts 440, 2832. BUSINESS CORPORATIONS: See Co-operative Associations. Co-operative business corporations, definition of. Act 743. Formation of. Act 763. BUTTE COUNTY, agriculture, protection of against trespassing animals. Act 445. Assessor, salary of. Act 446. Auditor of, salary of. Act 447. Butte and Plumas counties, boundary line between, Act 807. Butte and Yuba counties, boundary line between. Act 808. Butte Creek, protection of fish in, A ct 1325. District attorney, fees of, in, Act 945. Examination and counting of funds in treasury, Act 464. Fees of justices in. Act 451. Fees of witnesses and jurors in, Act 450. Fences in. Acts 1134, 1135. Fences, division, in. Act 1138. Fences, lawful fence in, Act 448. Fences, partition fence in, Act 448. Highways in. Acts 458, 459. Hunting of game within certain private grounds In, prevented. Act 449. Licenses, sheriff to collect. Act 460. Licenses, salary of sheriff for collecting. Act 400, Notaries, additional, in. Act 452. Officers of, salary and compensation of. Act 453. Oroville, hogs runnin,-; at large in, prevention of. Act 1065. Records of, recorder authorized to make copies of. Act 455. Records in, transcribing of authorized. Act 454. Roads in, Acts 456-459. Sheriff of and his compensation. Act 461. 1570 BUTTE COUNTY — CALIFORNIA POLYTECHNIC SCHOOL- Sheriff to collect licenses. Act 460. Sheriff, salary of for collecting licenses, Act 460. Stallions prevented from running at large in, Act 1063. Superintendent of schools, salary of. Act 462. Transfer of swamp land funds to general fund, Act 463. Treasurer of, salary of, A.ct 447. Treasury of, better protection of. Act 464. BUTTE CREEK, protection of flsh in. Act 1325. BUTTER: See Cheese; Dairies; Oleomargarine. Deception in sale of process or renovated butter prevented. Act 470. Deception in manufacture and sale of prevented. Act 471. Fraud and deception in manufacture and sale of. Acts 32-34. Sale of short weight rolls of prevented. Act 469. CAUAVERAS COUNTY, agriculture, protection of, Act 476. Assessors to pay deputies in, Acts 255, 4062. Bonds of, redemption of. Act 477. Con.-itables of. fees of, Act 478. Constables of. regulation of. Act 482. District attorney of, Act 479. Fees of constables in. Act 478. Fees of officers in. Acts 480, 481. Fences in. Acts 1134, 1135. Highways in, provisions of Political Code applied. Act 486. Highwaj's: See Post Roads. Justices of, regulation of. Act 482. Mining claims, recording in. Act 483, Officers of, duties of. Act 481. Officers of, fees and salaries of. Acts 480, 481. Payment to by Amador County of interest on indebtedness. Act 155. Poll taxes in, enforcing collection of. Act 484. Roads in, location, construction and maintenance of. Act 485. Roads in, provisions of Political Code applied, Act 486. Road poll taxes in, collection of. Act 487. Road laws, special, repeal of. Act 486. Salaries of officers in. Acts 480, 481. Stallions prevented from running at large In, Act 1063. Superintendent of public schools, salary of. Act 488. Supervisors of. Act 479. Treasurers of, bonds of, Act 489. CA1.1FORIVIA AND OREGON R. R. CO., act of congress relating to, given effect to. Act 494. CALIFORNIA K05IE FOR FEEBLE SIINDED CHILDREN: See Feeble Minded Children. CALIFORNIA PACIFIC RAILROAD CO., certain rights and privileges granted to. Act 499. CALIFORNIA POLYTECHNIC SCHOOL, act creating liberally construed. Act 504, § 1. Appropriation for site, buildings and maintenance. Act 504, § 5. Appropriation expended under direction of trustees, Act 504, § 7. Appropriation, warrants on, how drawn and paid, Act 504, S 6. Establishment of. Act 504. CALIFORNIA POLYTECHNIC SCHOOL— CEMETERIES. 1571 Purpose of. Act 504, § 1. Site, selection and purchase of. Act 504, § 3. Trustees, appointment of. Act 504, § 2. Trustees, term of ofBce, Act 504, § 4. Trustees of, who constitute, Act 504, § 2. CALIFORNIA REDWOOD PARK, appropriation for, Acts 509, 510. Board of commissioners of. Act 509. Creation and management of, Act 509. Preservation, improvement and maintenance. Act 510. CALIFORNIA VOLUNTEERS, revision of records of and publi- cation of. Act 520. CANAL CORPORATIONS, incorporation of. Acts 525, 526. CANALS, construction of. Acts 525, 526. Construction of canal in Colusa, Solano and Yolo counties, aiding of, A.cts 531, 3677, 4449. Tehama County, canal companies in, incorporation of. Act 4070. Yolo and Solano canai district, formation of to protect lands from overflow by Putah Creek, Act 2905. CANCELLATION, destruction of municipal bonds executed and remaining unsold, Act 385. CAPITAL OP STATE: See State Capitol. CARRIERS: See Railroads. CARRIER PIGEONS: See Homing Pigeons. CATTLE, administering drugs or poison to a misdemeanor. Act 192. Hides of slaughtered cattle, inspection of, Act 184. Hides of slaughtered cattle, keeping of. Acts 182, 183, 184. CEMETERIES, bodies of deceased persons, protection of. Act 543. Cities of first class, provisions relating to, pp. 741-748, §§ 185- 192. Cities of less than first class authorized to obtain lands for, Act z381. Exhumation and removal in certain cities, regulation of, Act 544. Exhumation and removal, permit necessary. Act 545, § 1. Exhumation and removal, permit not granted when. Act 545, § 6. Exhumation and removal, protection of public health from, Act 440. Exhumation and removal, regulation of. Act 2832. Exhumation and transportation without permit a misdemeanor. Act 545, §4. Exhumation, body how to be Inclosed, Act 545, § 2. Exhumation, permit, v/hat to appear and form of. Act 545, § 2. Exhumation without permit a misdemeanor. Act 545, § 3. Exhumation without permit, reward for Information, Act 545, § 5. Exhumation, carrier or vehicle not to receive body unless per- mit granted, Act 545, § 4. Particular counties, in: See Particular Title. Public graveyards, protection of. Act 543. Removal of remains from one place of Interment to another without permit allowed. Act 545, § 6. Rules and regulations for government of. Act 2381. 1572 CEMETERY CORPORATIONS — STATE BOARD CHARITIES, CEMETERY CORPORATIONS, deeds by, manner of execution. by, Act 550. Rural cemetery associations, incorporation of. Act 549. CENSUS, city or county, taking of by. Act 555. Classification of cities. Act 2347, § 2. Population of counties, pp. 114-116, § 10. Taking of, duty of supervisors, p .124. subd. 12^4- CENTRAL, PACIFIC R. R. CO., certificate of incorporation of San Joaquin Valley Road validated, Act 563. Construction of aided, Act 561. Provisions of Pacific railroad act, aiding in carrying out, Act 562. Relocation of route authorized, Act 560. Use of to state for military purposes secured. Act 561. CERTIFICATES, validation of writs, process and certificates issued before courts have seals. Act 2791. CERTIFICATE OF DEPOSIT, action for after death, limitation on. Act 3876. CHAMBERS OF COMMERCE, acknowledgments by validated. Act 19. Formation of. Act 568. CHARITABLE CORPORATIONS, formation of. Act 318. CHARITABLE USE, city, conveyances by for charitable purposes, ratification of. Act 2382. CHARITIES, charitable societies authorized to incorporate. Act 3005. CHARITIES AND CORRECTIONS, STATE BOARD OF, ap- pointment of, p. 87, § 1. Compensation, members act without, p. 88, § 2. Creation of, p. 87, § 1. Eligibility, p. 87, § 1. Expenses of, how paid and limit upon, p. 88, § 2. Forms of registration at public institutions, p. 89, § 3. Forms of reports and records by state commission in lunacy and by other officers, p. 89, § 3. Governor ex-ofBcio a member of, p. 87, § 1. Governor may order investigation by, p. 90, § 5. Governor's power not affected by act creating, p. 90, § 5. General powers and duties, p. 88, § 3. Meetings, failure to attend, effect of, p. 88, § 2. Meetings, quorum, p. 88, § 2. Meetings, time and place of, p. 88, § 2. Number of members, p. 87. § 1. Oaths, members may administer, p. 88, § 4. Office, to provide, in Sau Francisco, p. 88, § 2. Plans of new buildings to be submitted to, p. 88. § 3. Public institutions, free access to departments and records, p. 88, § 3. Public institutions, officers to furnish information to, p. 88, § 3. Public institutions, production of books and papers, p. 89, S 4. Reports of, p. 90. § 6. Rules and orders, p. 88, § 2. STATE BOARp OF CHARITIES — CHINESE. 1573 Secretary, appointment and compensation of, p. 88, § 2. Secretary, bond and oath, p. 88, § 2. Term of office, p. 87, § 1. Vacancies, filling and term of appointee, p. 87, § 1. Veterans' home at Yountville excepted from act creating, p. 90, § 7. Witness, .disobedience of subpoena or refusal to answer, punish- ment, p. 88, § 4. "Witness, subpcenaing and compelling attendance, p. 88, § 4. Women may be appointed, p. 87, § 1. Women's relief corps home excepted from act creating, p. 90, §7. CHARTERS, amendments to, election upon, Act 1014. Elections upon, Act 1014. Elections upon charters or amendments to charters, conduct of, Act 367. Fiscal year, changing in cities operating under charter, Act 1193. Freeholders, election of. Act 1014. CHEESE: See Dairies. Branding grades of cheese. Act 578, §1. Brands not to be used by other than one to whom Issued, Act 587, § 2. Brands, records of. Act 587, § 2. Brands for to be procured from state dairy bureau, Act 578, § 1. Deception in manufacture and sale of prevented. Act 471. Fraud and deception in manufacture and sale of. Acts 32-34. Grades of cheese defined. Act 578, § 3. Misdemeanor, violation of statute relating to manufacture of cheese. Act 578, § 5. Sale of cheese manufactured in state not permitted, Act 578, § 4. CHEMICALS, assault with caustic chemicals, punishment of. Act 250. CHICO, incorporation of. Act 583. CHILDREN: See Infancy. CHINA BASIN, ratification of lease of, In San Francisco, Act 1890. CHINESE, aliens Incapable of becoming electors forbidden to fish. Act 122. Certificates of residence of. Act 590. Coolie slavery, prevention of. Act 591. Deportation of criminals. Act 590. Fine, act imposing on immigrants unable to become citizens. Act 1588. Ill-fame, suppression of Chinese houses of. Act 593 Immigration of discouraged. Act 589. Immigration of, prevention of, Acts 588, 589, 590. Importation of Chinese criminals, prevention of. Act 591. Importation of females for immoral purposes. Acts 592, 2797. Kidnaping and importation of females for Immoral purposes. Act 592. Licenses not to Issue to, not eligible to become electors. Act 122. Miners' license not to Issue to aliens Ineligible to become citizens. Act 1937. 1B74 CHINESE— CITY COLLECTOR. Police tax on. Act 589. Prohibited from fishing, Act 125. Removal of outside of city limits, Act 594. Registration of. Act 590. Status of Chinese residents, fixing. Act 590. White labor, protection of from competition with Chinese labor. Act 589. CITIZENS: See Aliens. Citizens only to be employed in public service. Act 25^3. Civil rights, protection of all citizens in, Act 605. Indexing names of persons declaring intention or becoming citizens, Act 2434. Naturalization, no fees to be charged, p. 321, § 226. CITIZEIVSHIP. Prepayment of fees not necessary in naturaliza- tion, p. 320, § 221. CITIES: See Municipal Corporations. CITY AXD COUXTY ATTORNEY, cities of first class, assistants of, and salaries of, p. 652, subd. 10. Cities of first class, salary of, p. 652, subd. 10. Cities of first class, duties of, p. 710, § 133. CITY ATTORNEY, assistants to in cities and cities and counties over one hundred thousand. Act 599. Cities of second class, salary of, p. 773. § 307. Cities of third class, election and term of office, p. 806, § 502. Cities of third class, salary of, p. 807, § 506. Cities of fourth class, election and term of office, p. 828, § 602. Cities of fourth class, bond of, p. 830, § 607. Cities of fourth class, deputies of, p. 852, § 672. Cities of fourth class, prosecution of cases before police court, p. 858, § 695. Cities of fifth class, election and term of office, p. 867, § 752. Cities of fifth class, duties of, p. S85, § 789. Cities of fifth class, bonds of, p. 868, § 753. Cities of sixth class, powers, duties, and compensation of, p. 909, § 879. CITY CL.ERK, assessor, performance of duties of. Act 4043, § 8. Cities of second class, salary of, p. 773, § 307. Cities of third class, duties of, p. 820, § 551. Cities of third class, salary of, p. 807, § 506. Cities of fourth class, bond of, p. 830, § 607. Cities of fourth class, deputies of, p. 852, § 672. Cities of fourth class, duties and compensation of, p. 853, § 676. Cities of fourth class, supervisors to elect, p. 832, § 620. Cities of fifth class, election and term of office, p. 867, § 752. Cities of fifth class, bonds of, p. 868, § 753. Cities of fifth class, compensation of, p. 868, S 755. Cities of sixth class, election and term of office, p. 895, § 852. Cities of si.xth class, compensation of. p. S96, § 855. Cities of sixth class, bond of. p. 895, § 853. Cities of sixth class, duties and powers of, p. 908, | 878. Cities of sixth class, ex-offlcio assessor, p. 894, § 851. Powers and duties of, p. 884, § 778. CITY COLLECTOR: See Collectors. CITY COUNCIL — COLLEGES. 1575 CITY COUNCIL: See Supervisors. CITY COURT, abolishment of, Act 2145. City court, justice to finish business of, Act 2145. Mayor not required to act as justice or judge in cities over ten thousand. Act 2145. Transfer of business and properties to justice of the peace, Act 2145. CITY ENGIiVEER, cities of second class, appointment, and duties, p. 793, § 377. CITY TREASURER: See Treasurers, City. CrVIL RIGHTS, protection of all citizens in, Act 605. Refusal of admission to places of amusement unlawful. Act 604. Refusal of admission to theaters. Act 4099. CLAIMS, cities, against: See Municipal Corporations. County, against: See Counties. Demands on or against counties, no fees for swearing to. Act 1122. Claim of A. J. Bourn against state appropriation to pay. Act 3788. State, against: See State. CLEAR LAKE declared navigable, Act 607. CLERK. City clerk: See City Clerk. Acknowledgments taken before deputy clerks of superior court validated, Act 17. CLERK OF COUNTY: See County Clerk. CLERK OP SUPERVISORS: See Supervisors. CLOVERDALE, incorporation of. Act 612. Notary, appointment of, to reside at. Act 3714, CLUBS. Yacht clubs, incorporation of authorized. Act 4442. COAST SURVEY, operations of, protection of from injury and mo- lestation. Act 617. Persons engaged in, authorized to enter upon lands. Act 617. CODE commission to reform laws, creation of. Act 622. Commission to reform laws, compensation and expenses of. Act 622. Commission to reform laws, powers and duties. Act 622. Corporations, effect of, on. Act 632, note. COINING. Money, coining of, regulation of. Act 2283. COLFAX to Nevada City, railroad from. Act 2918. COLLATERAL INHERITANCE, tax on. Act 4040. COLLECTOR, cities of fourth class, bond of, p. 830, § 607. Cities of fourth class, deputies of. p. 852. § 672. Cities of fourth class, duties of, p. 854, § 678. Cities of fourth class, salary of, p. 8.''.1. § 609. License collector: See Licenses. Tax collector: See Taxation. COLLEGE CITY. Intoxicating liquors, prohibition of sale within one mile of, Act 627. COLLEGES: See Hastings College of the Law; University of California. Affiliated, of University of California, appropriations for. Acts 4254, 4255. 1576 COLLEGES— COLUSA COUNTY. Arms and accoutrements, issuing to. Act 229. Assent of state to act of congress applying proceeds of public land for college, Acts 634, 3786. Assumption of control by trustees. Act 4164. 'Codes, effect of on. Act 632, note. <3rifts and donations to, encouragement and protection of. Acts 4162, 4163. Governor authorized to reconvey to United States part of Ag- ricultural College grant, Act 2846. Incorporation of. Acts 632, 633. Incorporation of institutions of learning, science, and art. Act 633. Medical department of University of California, Act 4256. Relinquishment of rights in by founder or wife, Act 4164. Trusts for benefit of, creation of. Acts 4162, 4163. Trusts for benefit of, determination of validity authorized. Act 4165. COL.OMA, incorporation of, Act 639. COLTOjV hall, board of trustees of. Act 640. Leasing of, Act 640. Preservation, protection and improvement of. Act 640. COLUSA COUATY. Agricultural interests, development of. Act 646. Agriculture, protection of, and prevention of trespasses of ani- mals. Act 645. Animals of another, wounding in, punishment of. Act 1593. Animals, trespassing of, prevention of. Act 645. Bonds, official, amount of, Act 648. Bonds, official, approval of, Act 647. Bounties for destruction of wild animals in. Act 189. Canal, construction of in Colusa, Solano and Yolo counties, aiding of, Acts 531, 3677, 4449. College City, in, prohibition of sale of intoxicating liquors with- in one mile of. Act 627. District attorney's salary, additional tax for, Act 653. Drainage of certain lands in Colusa and Yolo counties, Acts 649, 4450. Fees of officers in. Acts 651, 652. Fences in, Acts 1134, 1135, 1137. Fences, partition, in, Act 650. Fences in, tearing down of, prevention of. Act 1593. Fires, leaving of, punishment of. Act 1593. Glenn and Colusa counties, boundaries between. Act 810. Growing timber on private grounds, destruction of prevented, Act 1577. Hunting on private inclosed grounds in, prevention of. Acta 1577, 1593. Inclosures, passing through and leaving them open. Act 1593. Judges' salaries in, additional tax for, Act 653. Justices of the peace in. Act 654. Lands sold to actual settlers by United States released to United States, Act 660. Officers of, fees and salaries of, Acts 651, 652. Reclamation district No. 124, validated. Act 2959. COLUSA COUNTS — COMMITMENTS. 1577. Roads, private, in, establishing, maintaining and protecting. Act 657. Roads, public, in. Acts 655-657. Road, public, establishing, maintaining, and protecting. Act 657. Road, public, along boundary between Yolo and. Acts 656, 4453. Salaries of officers in. Acts 651, 652, 653. Stallions prevented from running at large in. Act 1063. Supervisors, additional powers of, Act 658. Supervisors of, certain powers conferred on. Act 659. Titles to certain government lands quieted. Act 660. "Water commissioners for. Act 4365. "Waters, overseer to regulate. Act 4365. COLUSA, TO"iV]V OF, incorporating. Act 665. Bonds for road purposes, issuance of, Act 666. COMBINATIONS to obstruct sale of live stock, prevention ot. Act 191. COMMERCE: See Chambers of Commerce. COMMI.SSIOX, railroad, powers of, Act 2921. Supreme court: See Supreme Court Commission. Uniformity of legislation, creation of commission for promo- tion of. Act 1900. COMMISSIONERS, building and loan: See Building and Loan Associations. Debris, appointment, duties and compensation. Act 898. Examining commission on rivers and harbors, appointment, duties and compensation. Act 4364. Public works, of: See Public "Works. "Viticullural: See Viticulture. "Water: See "Waters. C03IMISSI0NERS IJV EQUITY, appointment and duties of. Act 671. COMMISSIO?*ERS OF PUBLIC WORKS, creation, duties, pow- ers and compensation. Acts 2888, 2889. COMMISSIOAERS OF TRANSPORTATION, appointmnet of. Act 2920. Creation of, Act 676. COMMISSIONERS, PAROLE. Creation of board for parole and government of prisoners, Act 3866. COMMIS.SIONS. Payment into state treasury of moneys received by state institutions, commissions and officers. Act 1279. Taxes, payment of for collection of delinquent legalized. Act 4046. Taxes, for collection of, county not to bring suit against state for. Act 4049. Taxes, for assessment, etc., of ad valorem, abolished. Acts ■4048, 4049. Taxes, for collection of, payment by state to county or city for prohibited. Act 4050. COMMITMENTS: See "Whittier State School. House of correction, commitme.utb to. Act 1540. Preston School or "Whittier State School, commitments to. Act 2756. Preston School of Industry: See Preston School of Industry. 1578 COMMON CARRIERS — CONTRA COSTA COUNTY. COMMON CAHRIERS: See Railroads. Appointment of police to serve upon cars or boats. Act 2734. Commissioners of transportation, creation of, Act 676. Duties of masters of vessels in relation to passengers arriving. Act 15S7. Explosive, high, transportation of, p. 402, § 9. Licenses on in cities of second class, p. 783, § 333. Refusal to sell ticket for foreign port, penalty, Act 1031. C03I>IOjV COUNCIL: See Supervisors. COMMON L,AA\', adoption of. Act 681. C03IPR0MISE. Bonded indebtedness, compromise of by city. Act 386. CONDITIONS. Insurance companies, conditions for doing busi- ness. Act 1661. CONGRESS, assent of state to act of, applying proceeds of public lands to college, Act 3786. Consent of state to reservation by, for public park. Act 3785. Division of state into congressional districts. Acts 686, 687. Election of members of house ui representatives. Act 687, United States senators: See United States Senators. CONSOLIDATION. Municipal corporations, p. 644, § 8. Offices, consolidation of certain, p. 144, § 55. CONSPIRACY. Conspiracy to commit any crime against certain federal and state officials, punishment of. Act 693. Meaning of limited. Act 692. CONSTAiii^jtl, bond ol, p. 14 6, § 66. Certain acts of validated, Act 698. Deputies not to practice law or have law partner, p. 146, § 65. Duties of enumerated, p. 168, §§ 153, 154. Fees of, generally, p. 411. Fees of in criminal cases a county charge, p. 221, § 228, subd. 10. Fees of in various counties: See Counties. Law, not to practice or have law partner, p. 146, § 65. Poster of fees of justices and constables, p. 320, § 224. CONSTITUTION. Amendments, submission of. Act 705. Convention to frame new constitution, provision for. Act 704. Submission to electors question of calling convention to change constitution. Act 703. CONTAGION: See Public Health. CONTAGIOUS DISEASES amongst animals, prevention of. Acts 179, ISO, 877. CONTRA COSTA COUNTY. Antonio Creek declared navigable. Act 202. Assessors of, compensation for collecting personal property tax, Act 710. Coroner, public administrator authorized to act as. Act 717. Deer, destruction of on Mt. Diablo prevented. Act 1313. Diablo Creek in, declared navigable. Act 932. Fees of iustif.es of the peace in. Act 713. Fees of officers of. Act 714. Fences in. Acts 711, 712. Fences, division, in, Act 1138. CONTRA COSTA COUNTY— CONTROLLER, 1579 Gophers In, destruction of, Act 186. Growing timber on private grounds, destruction of prevented. Act 1577. Hides of slaugMered cattle, keeping of. Act 182. Highways in, Acts 719, 721. Hunting on private inclosed grounds in, prevention of. Act 1577. Justices of the peace in, fees of, Act 713. Neuces Creek declared navigable, Act 2456. Notaries, additional, appointment of. Act 716. Oflficers of, fees, compensation and salary of, Acts 714, 715. Public administrator authorized to act as coroner in. Act 717. Public administrator, bond of. Act 718. Koads in, Acts 719, 721. Road laws, special, repeal of, Act 720. Salt marsh and tide lands in, quieting title to, Act 722. School moneys, distribution of. Acts 725, 3542. Sheriff of, bond of. Act 723. Squirrels in, destruction of. Act 186. Squirrels in, extermination of. Act 724. Squirrel nuisance, abatement of, Act 112. Swamp-land district No. 118, assessment in. Act 2958. Swamp-land district No. 118, validated. Act 2957. Title to certain salt marsh and tide lands in quieted. Act 722. Water commissioners for. Act 4365. Waters, overseer to regulate, Act 4365. CONTRACTS. Acknowledgment of deeds and instruments by pris- oner. Act 2764. Assignment of: See Assignment of Contracts. Fraudulent contracts, act concerning. Act 1239. Leases and other contracts by officers, ratification of. Act 2546. Lighting of streets and public buildings, letting of contracts for, Act 2340. Public buildings, contracts on behalf of state In relation to, regulation of. Act 2897. Public duties of mayor and other officers in cities of first class relative to, p. 747, § 204. Public, how made in cities of first class, p. 704. § 107. Public, stipulation as to hours of labor. Act 1535. COATROLLER, additional clerk, appointment of, by, Act 730. Commissions, payment of for collection of delinquent taxes legalized, Act 4046. Destroyed controller's warrants, payment of. Act 4328. Duties of. Act 362. Expert to, compensation of, Act 731. Expert to, creation of office of, Act 731. Lost warrants, payment of, Acts 2033, 4328. Payments on swamp lands pledged to redemption of certain warrants of, Act 4024. Swamp-land funds paid into county treasuries, duties of audi- tor, controller, and treasurers. Acts 1280, 1920. Transfer of funds from drainage construction funds to general fund authorized, Acts 1282, 1283. Transfer of moneys to general fund by treasurer and controller authorized. Act 1281. Treasurer authorized tu pay warrants for salaries, Act 4136. 1580 CONVEYANCES — CORTE MADERA CREEK. CONVEYANCES: See Deeds. Acknowledgments: See Acknowledgments. CONVICTS: See Parole Commissioners; Prisons. Arrest, trial, recommitment, and punishment of convicts who have escaped. Act 1041. Costs of trial of convicts for crimes committed in prison, pay- ment of. Acts 736, 783, 3S59. Costs of trial of escaped convicts. Acts 736, 783, 3859. Importation of convicts into state, prevention of, Act 737. Physician to inquire into sanity of, costs a state charge, Act 2070. Sheriff and chiefs of police, descriptions and photographs of prisoners, Act 738. CO-OPERATIVE ASSOCIATIONS. Co-operative business cor- porations, definition of. Act 743. Co-operative business corporations, organization and govern- ment of. Act 743. Incorporation, operation and management of. Act 744. COPARCENERS. Suits, may bring or defend. Act 788. CORONER, bond of, p. 146, § 66. Chemical examinations, payment for. Act 749. Cities and counties over one hundred thousand, appointment, compenfaation, and duties. Act 752. Cities and cities and counties over one hundred thousand, as- sistants to. Act 752. Cities of first class, deputies and assistants of and salaries of, p. 652, subd. 11. Cities of first class, duties of, p. 710, § 135. Cities of first class, provisions when only apply, p. 770, § 287. Cities of first class, deputies and assistants, p. 710, § 135. Cities of first class, receives no fees, p. 710, § 135. Cities of first class, salary of, p. 652, subd. 11. Deputies and assistants in various counties: See Counties. Fees of, p. 415; Act 754. Inquests in state prisons, costs of, Acts 750, 783. 2070, 3859. Justice of peace discharges duties of when, p. 166, § 146. Moneys received by treasurer from duties regarding, p. 150, S 82. Particular county, in: See Particular Title. Physicians and surgeons, attendance of. Act 749. Physician, appointment of to perform autopsies In coimties of first class. Act 751. Physician appointed to perform autopsies, compensation of, Act 751. Post mortem examinations, payment for, Act 749. Powers and duties of enumerated, pp. 165-167, §§ 142-146. Process, serves where sheriff a party, p. 154, § 104. Public administrator, when to act as, Act 2810. Salaries and expenses in various counties: See Counties. Serving process, compensation of. p. 154, § 105. Stenographer to in cities and cities and counties over 100,000^ Act 753. CORTE MADERA CREEK, navigability of. Act 2069. J CORPORATIONS. 1581 CORPORATIONS, acts and supplemental acts concerning, Acts 759-761. Agents, frauds or misrepresentation by, punishment of. Act 771, Agriculture, formation of corporations for direct promotion of. Act 290. Articles, amendment of. Act 762. Assessments of stock in. Act 767. Assignees, acting as, rigtits and duties of. Act 1055. Assignees, authorized to act as. Act 1055. Assignees, corporations as and powers and duties of. Act 770. Banking, persons, associations or corporations prohibited from exercising privileges of. Act 22S4. Benevolent: See Benevolent Corporations. Business corporations: See Co-operative Associations. Business house and lot, authorized to own, Act 768. Canal corporations: See Canal Corporations. Cemetery corporations: See Cemetery Corporations. Certificates of incorporation, defective, validating. Act 766. Certificates of stock, tax on issue of. Act 403S. Charitable: See Charitable Corporations. Chemical purposes, formation of corporation for. Act 763. Code, effect of on, Act 632. Colleges: See Colleges. Commerce, formation of corporations to engage in. Acts, 763, 764. Co-operative corporations: See Co-operative Associations. Creation of paper to circulate as money, forbidden. Act 2284. Depositary, authorized to act as. Act 1055. Depositary, acting as, rights and duties of. Act 1055. Deposit of moneys or assets with by executor, receiver, etc., and reduction of bonds. Act 1055. Employees to be paid monthly or weekly. Acts 772, 773. Executor, acting as, rights and duties of. Act 1055. Executor authorized to act as. Act 1055. Executors, corporations as, and powers and duties of. Act 770. Foreign, authorized to do business on equal terms. Act 2917. Foreign, to designate person upon whom process may be served. Acts 774, 775. Foreign, to file certified copy of articles with secretary of state, Act 776. Fraud or misrepresentations by officers or agents, punishment of. Act 771. Guardian, authorized to act as, Act 1055. Guardians, corporations as and powers and duties of, Act 770. Homestead corporations, formation of, authorized. Act 1492. House and lot where business transacted, authorized to own. Act 768. Manufacturing purposes, formation of corporation for. Acts 763. 764. Mechanical purposes, formation for. Acts 763, 764. Mechanic arts, formation for direct promotion of. Act 290. Manufacturing, formation for direct promotion of. Act 290. Mining, formation for direct promotion of. Act 290. Mining corporations: See Mining Corporations. Officers, frauds or misrepresentations by, punishment of, Act 771. 1582 CORPORATIONS — COUNTIES. Plank road corporations, foiu-ation of. Act 765. Plank road corporations: See Plank Road Corporations. Railroads: See Railroads. Receivers, authorized to act as, Act 1055. Receivers, acting as, rights and duties of. Act 1055. Receivers, corporations as and powers and duties of. Act 770. Renewal of corporate existence, Act 761. Society for prevention of cruelty to children, incorporation of. Act 161S. Stockholders in, protection of. Act 771. Tax on certificates of stock. Act 769. Trade, formation of corporations to engage in, Acts 763, 764. Tramroads: See Tramroads. Trustee, authorized to act as. Act 1055. Trustee, acting as, rights and duties of. Act 1055. Turnpike corporations, formation of, Act 765. Turnpike corporations: See Turnpike Corporations. Wagon road corporations: See Wagon Road Corporations. Water companies: See Water Companies. CORRECTION: See Charities and Correction, state board of. House of: See House of Correction. COSTS, actions where state a party, Act 3781. Coroner's inquests in state prisons, costs of. Acts 783, 3859. Coroner's inquiry into death in state prison a state charge. Act 2070.. County clerk to take aflSdavits of pension claimants without fee. Act 829. Libel and slander, bond for costs In actions for, Act 1931. Physician to inquire into sanity of convict, a state charge. Act 2070. Removal of criminal action, in, pp. 322, 323, §§ 229, 230; Act 7S1. Subpoenas, costs for serving, Acts 782, 1120. Summons, costs of serving. Acts 782, 1120. Trial of escaped convicts. Acts 736, 7S3, 3859. Trial of convicts for crimes committed in state prison. Acts 736, 783, 3859. Trials of persons violating fish laws paid by state, Act 1335. COTEIVANCY, suits, cotenants may bring or defend, Act 788. COULTERVILLE AND YOSEMITE TURNPIKE COMPANY, authorized to sue state, Act 3789. COUNCIL : See Supervisors. COUNTERFEITING, gold dust, prevention of counterfeiting Of, Act 793. COUNTIES, allowances of contrary to statute void, p. 114, § 6. Authorizations of contrary to statute void, p. 114, § 6. Authorized to vote on issuing bonds for debts not authorized Act 384. Board of examiners to invest moneys from school lands la county bonds, Act 360. Bodies corporate and politic, are, p. 114, § 1. Bonds of oflficers, premium in to be paid by, Act 2544. Bonds of: See Bonds. COUNTIES. 15&3 Bl'idge, joint, construction of by county and person or corpora- tion maintaining, Act 419, § 7. Bridge wltliin city limits, expense of building or reconstructing, Act 419, § 2. Bridge within city limits, power of county supervisors to re- pair, rebuild or change location of, Act 419, § 1. Bridges: See Bridges. Census, taking of by, Act 555. Charges, county, enumeration of, p. 321, § 228. Claims, actions on, costs, p. 141, § 43. Claims, actions on, time to bring, p. 141, § 43. Claims, allowance in part, p. 140, § 42. Claim, approval and allowance of, p. 140, § 41. Claims, district attorney not to present or advocate, p. 163, § 134. Claim, form of, p. 139, § 41. Claims, illegal allowance or payment, duty of district attorney, p. 115, § 8. Claims, neglect to act, action on, p. 140, § 43. Claims, no fees for swearing to. Act 1122, p. 321, § 227. Claims, officers charged with notice of extent of, p. 114, § 6. Claims, officer allowing in violation of statute, liability of, p. 115, § 7. Claims, officers not to present or advocate, p. 138, § 39. Claims, rejection of, p. 140, § 42. Claims, time of filing, p. 139, § 41. Claims to be itemized and verified, p. 138, § 40. Claims against by supervisors, proceedings, p. 142, § 49. Claims against state, allowance, settlement and payment. Act 799. Classification of, p. 168, § 157. Commissions for collection of taxes, payment for, prohibited. Act 4050. Commissions for collection of taxes, county not to bring suit against state for. Act 4049. Contracts of, contrary to statute void, p. 114, § 6. County fire insurance companies, organization and manage- ment of. Act 1667. County seats, p. 117. § 11. County seats, removal of, p. 117, §§ 11, 12. Coyote scalps, bounty on. Act 851. Credit of not to be given or loaned, p. 114. ? 5. Division of, classification in case of, p. 322, § 231. Division of. eiiect of on salarieH, p. 322, § 231. Demands, form of, p. 139, § 41. Donations to, receipt of. Act 1355. Donations to, receipt and appropriation of. Act 2338. Enumeration of county charges, p. 321, § 228. Funding of county Indebtedness, Acts 369, 370, 373. Franchises for paths and roads for bicycles and horseleas vehicles, Act 1464. Gifts, authorized to receive. Act 1356. Gifts, authorized to receive, manage, hold, and dispose of. Act 802. 1584 COUNTIES. Grants and donations by United States, etc.. duties of puper- vibors, p. 142, § 51. Hours of labor: See Hours of Labor. Indebtedness incurred, contrary to statute void, p. 114, 5 5. Jails: See Jails. Joint bridge, division of expense of building and maintaining. Act 419, § 2. Judgments against cities and counties over 100,000, how paid. Act 800. Lands divided by county boundary, survey of, p. 164, §§ 136, 137. Lease of property of veterans by, authorized, Act 4287. Liability for maintenance of inmates of Whittier or Preston School, Act 4410. Liability incurred contrary to statute void, p. 114, §§ 5, 6. Merged cities and counties of 100,000 inhabitants, incorpora- tion and government. Act 2339. Name of, p. 114, § 3. Name, to be designated by in all actions and proceedings, p. 114, § 3. New, execution of process in. Act 2790. New, governed by County Government Act, p. 322, § 231. New, salaries and fees of officers of, p. 322, § 231. New, transfer of moneys on organization of. Act 798. Officers of, p. 143, § 55. Officers charged with notice of condition of treasury and claims against, p. 114, § 6. Payment of materialmen and laborers on public works, secur- ing, Act 2895. Paupers, support of: See Paupers. Payment of judgments against counties, cities, and cities and counties. Act 1746. Payments made contrary to statute void, p. 114, §§ 5, 6. Population of counties, pp 114-116, § 10. Powers of enumerated, p. 114, §§ 1, 4. ^ Powers, how exercised, p. 114, § 2. Premium on official bond, payment of by. Act 379. Prisons, consolidated cities and counties over 100,000 author- ized to alter. Act 3284. Property, inventory of. Act 1697. Public buildings, regulation of erection of, Act 2896. Public buildings, unfinished, change of plans. Act 2899. Public buildings, unfinished, completion of, Act 2898. Public buildings: See Public Buildings. Public Works: See Public Works. Railroad companies, authorized to become stockholders In, Act 801. Supervisors authorized to declare election day a holiday. Act 1469. Toll bridges: See Toll Bridges. Warrants, duties of auditor, pp. 155-157, §§ 109 et seq. Warrants, form of, p. 141, § 44. Warrants, payment and registry, p. 141, § 44. Warrants, powers and duties of treasurer in relation to, p. 148, §§ 6, 7, et seq. COUNTIES. 1585 Particular classes. Salaries of officers in counties of the first class, p. 173, § 158. Second class, officers of, salaries, fees, and allowances of, pp. 173-182, § 159. Second class, deputies and assistants and salaries of, pp. 173- 182, § 159. Third class, officers of, salaries, fees, and allowances of, pp. 182-190, § 160. Third class, deputies and assistants of, and salaries of, pp. 182- 190, § 160. Fourth Class, officers of, salaries, fees, and allowances of, pp. 191-193, § 161. Fourth class, deputies and assistants and salaries of, pp. 191-193, § 161. Fifth class, officers of, salaries, fees, and allowances of, p. 193, § 162. Fifth class, deputies and assistants and salaries of, p. 193, § 162. Sixth class, officers, salaries, fees, and allowances of, pp. 197- 200, § 163. Sixth class, deputies and assistants and salaries of, p. 197 et seq, § 163. Seventh class, officers of, salaries, fees and allowances of, pp. 200-202, § 164. Seventh class, deputies and assistants and salaries of, p. 200, et seq, § 164. Eighth class, officers, salaries, fees, and allowances of, pp. 203- 205, § 165. Eighth class, deputies and assistants and salaries of, p. 203, § 165. Ninth class, officers of, salaries, fees and allowances of, pp. 205-208, § 166. Ninth class, deputies and assistants, p. 205, § 166. Tenth class, officers of, salaries, fees, and allowances, pp. 208- 211, § 167. Tenth class, deputies and assistants and salaries of, p. 208, § 167. Eleventh class, officers of, salaries, fees, and allowances of, pp. 211-217, § 168. Eleventh class, deputies and assistants and salaries of, p. 211, § 168. Twelfth class, officers, salaries, fees and compensation of, pp. 217-219, § 169. Twelfth class, deputies, and assistant.s, p. 217, § 169. Thirteenth class, officers, salaries, fees and allowances of, pp. 219-222, § 170. Fourteenth class, officers, salaries, fees and allowances of, pp. 222-224, § 171. Fifteenth class, officers, salaries, fees and allowances of, pp. 224, 225, § 172. Sixteenth class, officers, salaries, fees and allowances of, pp. 226- 228, § 173. Sixteenth class, deputy of district attorney, p. 226, subd. 8. Seventeenth class, officers of, salaries, fees and allowances, pp. 228-230, § 174. Gen. Laws — 67 1586 COUNTIES. Seventeenth class, deputies and assistants and salaries of, p 228. § 174. Eighteenth class, officers of, salaries of, pp. 230-233, § 175. Nineteenth class, officers of, salaries, fees, and allowances of, pp. 234-237, § 176. Nineteenth class, deputies and assistants and salaries of, p. 234. § 176. Twentieth class, officers, salaries, fees and allowances of, pp. 237-240, § 177. Twentieth class, deputy of treasurer, and salary of, p. 240, § 177 Vs. Twenty-first cla^s, officers of, salaries, fees and allowances of, pp. 240-243, § 178. Twenty-first class, deputy of district attorney and salary of, p. 241, subd. 8. Twenty-second class, officers of, salaries, fees, and allowances, pp. 243-249, § 179. Twenty-second class, deputy of district attorney, p. 243, subd. 8. Twenty-second class, deputies of, assessor and salaries of, p. 243, subd. 7. Twenty-third class, officers, salaries, fees, and allowances of, pp. 249, 250, § 180. Twenty-fourth class, officers, salaries, fees, and allowances of, pp. 250, 251, § 181. Twenty-fifth class, officers of, salaries, fees, and allowances of, pp. 251, 252, § 182. Twenty-sixth class, officers of, salaries, fees, and allowances, pp. 252-254, § 183. Twenty-seventh class, officers of, salaries, fees, and allowances, pp. 255-257. § 184. Twenty-eighth class, officers of, fees, salaries, and allowances, pp. 257-259, § 185. Twenty-ninth class, officers, salaries, fees, and allowances, pp. pp. 259, 260, § 186. Thirtieth class, officers of, salaries, fees, and allowances, pp. 260-263, § 187. Thirty-first class, officers of, fees, salaries, and allowances, pp. 264-266, § ISS. Thirty-second class, officers of, salaries, fees and allowances, pp. 266-268, § 189. Thirty-third class, officers of, salaries, fees, and allowances, pp. 268-271, § 190. Thirty-third class, deputies of assessor and salaries of, p. 269, subd. 7. Thirty-fourth class, officers of, salaries, fees, and allowances of, pp. 271-275, § 191. Thirty-fourth class, deputy of assessor and salary of, p. 272, subd. 7. Thirty-fifth class, officers, salaries, fees, and allowances, pp. 275-277, § 192. Thirty-fifth class, deputy of assessor and salary of, p. 275, subd. 7. Thirty-sixth class, officers of, salaries, fees, and allowances, pp. 277. 278. § 193. Thirty-seventh class, officers of, salaries, fees, and allowances, pp. 278-280, § 194. COUNTIES — COUNTY BOUNDARIES. 1587 Thirty-eighth class, ofBcers, fees, salaries, and allowances. pp. 2S0-2S4, § 195. Thirty-eighth class, deputies of assessor and salaries of, p. 281, subd. 7. Thirty-eighth class, deputy of superintendent of schools, p. 281, subd. 11. Thirty-ninth class, oflBcers of, salaries, fees, and allowances, pp. 285-288, § 196. Thirty-ninth class, copyist of recorder and salary of, p. 285, subd. 3. Thirty-ninth class, assistant superintendent of schools, and salary of, p. 286, subd. 11. Fortseth class, ofBcers, salaries, fees, and allowances, pp. 288- 290, § 197. Forty-first class, officers of, salaries, fees, and allowances of, pp. 290-202, § 198. Forty-second class, officers of, salaries, fees, and allowances of, pp. 292-294, § 199. Forty-third class, officers, salaries, fees and allowances of, pp. 294-296, § 200. Forty-third class, deputy of tax collector, and salary of, p. 294, subd. 6. Forty-fourth class, officers of, salaries, fees, and allowances, pp. 296-297, § 201. Forty-fifth class, officers of, salaries, fees and allowances, pp. 297-299, § 202. Forty-sixth class, officers of, salaries, fees, and allowances, pp. 299, 300, § 203. Forty-seventh class, officers of, salaries, fees and allowances, pp. 300-302, § 204. Forty-eighth clas.^, officers of, salaries, fees, and allowances of, pp. 302-304, § 205. Forty-ninth class, officers of, salaries, fees, and allowances of, pp. 304, 305, § 206. Fiftieth class, officers of, salaries, fees and allowances, pp. 305-307, § 207. Fifty-first class, officers, salaries, fees, and allowances of, pp. 307, 308, § 208. Fifty-second class, officers, salaries, fees, and allowances, pp. 308, 309, § 209. Fifty-third class, officers, salaries, fees and allowances, pp. 309, 310, § -210. Fifty-fourth class, salaries, fees, and allowances, pp. 310-312, § 211. Fifty-fifth class, officers, salaries, fees, and allowances of, pp. 312, 313, § 212. Fifty-sixth class, officers, salaries, fees, and allowances, pp. 313, 314, § 213. Fifty-seventh class, officers, salaries, fees, and allowances, pp. 314, 315, § 214. COUNTS, J. P. Title to certain swamp lands to, and to Myron Smith, confirmed. Act 4025. COUNTY BOUNDARIES, Butte and Plumas, boundary line between, Act 807. Butte and Yuba counties, boundary line between, Act 808. 1588 COUNTY BOUNDARIES— COURTS. Fresno and Tulare counties, boundary line between, Acts 811, 819. Glenn and Colusa counties, boundaries between. Act 810. Humboldt County and counties of Del Norte and Siskiyou, boun- dary line between, Acts 822, 909. Humboldt, IMendocino, Trinity and Klamath, boundaries be- tween. Act 813. Inyo and Mono counties, boundary line between. Act 812. Lake, northern boundary of, Act 817. Lake and Yolo counties, boundary line between. Act 820. Lassen, northern boundary of, survey of, Act 816. Mariposa and Fresno counties, boundary line between. Act 815. Plumas and Lassen counties, boundaries between. Act 809. San Luis Obispo and Kern counties, locating boundary line be- tween. Act 818. , Shasta and Lassen counties, boundary line between changed and located, Act 821. Shasta and Plumas counties, boundary line between. Act 814. Siskiyou, southern boundary of, survey of. Act 816. COUIVTY CLERKS, acknowledgments by, validated, Act 21. Bond of, p. 146, § 66. Bond, recording and filing of, p. 146, § 66. Copyists of, Act 828. Deputies and assistants of. Acts 827, 828. Deputies and assistants in counties of various classes: See Counties. Deputies, additional in counties where judges increased, p. 317. Duties of enumerated, p. 155, § 107. Fees of, generally, p. 407, § 1. Medical certificates to be registered with, p. 600, § 8. Medical certificates, to keep record of, p. 601, § 9. Office hours, p. 145, § 61. Particular county: See Particular Title. Pension claimants, no fees to be charged to, Acts 829, 1122, 2641, p. 321, § 227. Salaries of, in counties of various classes: See Counties. Supervisors, ex-officio clerk of, p. 118, § 19. COUXTY COURT, powers of conferred on superior courts. Act 846. COUNTY GOVERNMENT, uniform system of, establishment of. Acts 834, 835, 836, 837. COUNTY SURVEYORS: See Surveyor, County. COURT COMMISSIONERS: See Commissioners in Equity. Acknowledgments by validated, Acts 20, 21. COURT HOUSES, supervisors, powers and duties, p. 123, subd. 8. COURT HOUSE SCHOOL DISTRICT, in Sonoma ounty, re- establishment of. Act 3547. COURTS: See Police Courts; Probate Courts. Cities of first class authorized to pay rent of courtrooms out of general fund, Act 3209. City court. See City Court. Juvenile courts, creation, powers and duties of. Act 1769. Mayor not required to act as justice or judge in cities over 10,000, Act 2145. COURTS— CRIMINAL LAW. 1589 Practice In supreme court, regulating, Act 842. Records transferred to courts formed under constitution of 1879, Act 2987. Superior courts: See Superior Courts. Supreme court: See Supreme Court. Supreme court commission: See Supreme Court Commission. Transfer of records from courts existing prior to 1879, Act 844. Validation of writs, process and certificates issued before courts have seals, Act 2791. COYOTES, actions against state for bounties on scalps authorized^ Act 3792. Bounties on scalps of, Act 403. CRANES, capture and destruction of prevented, Act 1316. CRESCENT CITY, incorporation of. Act 856. Townsite of, location of. Act 857. Water-front of, ceded to. Act 859. CRIMINAL. LA"\V: See Larceny; Prisons. Conspiracy, meaning of limited, Act 692. Conspiracy to commit any crime against certain federal offi- cers and governors, punishment of. Act 693. Coroner's inquest in state prison, costs of, Act 783. Costs on removal of criminal action. Act 781 ; pp. 322, 323, §§ 229, 230. Costs of trial of convicts for crimes committed in state prison, Act 783. Costs of trial of escaped convicts. Acts 736, 783. Counterfeiting of gold-dust, prevention of. Act 793. Cruelty to animals, prevention of. Acts 869-871. Creation of paper to circulate as money, forbidden. Act 2284, Cutting of hair of persons convicted of misdemeanor. Act 2834. Desecration of flag prohibited. Act 1198. Expenses of proceedings, vi'hat a county charge, p. 221, § 228. Felony, officers being interested in contracts or examining bids, p. 653, § 27. Flag, desecration of prohibited. Act 4225. Gaming: See Gaming. House of correction of San Francisco: See San Francisco. Houre of correction, commitments to. Act 1540. Importation of convicts into state, prevention of. Act 737. Improper and criminal use of deadly weapons, prevention of. Act 887. Industrial school of San Francisco, Act 3237. Juvenile court, creation, powers and duties. Act 1769. Kidnaping or importing Chinese or Japanese females for Im- moral purposes, Act 592. Lotteries, prohibition of, Acts 2038, 2039. Married women, placing of in houses of prostitution, preven- tion of. Act 279G. Medical certificate, fraud in filing a felony, p. 604, § 13. Parole commissioners: See Parole Commissioners. Penalty for driving into logs substances liable to injure saws. Act 2049. Posse comitatus, supervisors authorized to pay expenses of. Act 3959. 1590 CRIMINAL LAW — CURATIVE ACTS. Preston school of industry: See Preston School of Industry. Prize-fighting prohibited, Act 2780. Prostitution: See Prostitution. Public executions abolished. Act 864. Retaining portion of salary of subordinate officers a felony, Act 2549. Retaining part of wages of laborers in public works a felony. Act 2549. Reward, governor authorized to o2er. Act 1387. Seduction: See Seduction. Separation of children from adults. Act 1769. Society for prevention of cruelty to children, incorporation of, Act 1618. State prisons: See State Prisons. Sheriffs and chiefs of police to be furnished descriptions and photographs of prisoners. Act 738. Payment of costs and expenses of trial of convicts for crimes committed in state's prison. Act 736. Vagrants, punishment of, Act 4261. Whittier state school: See Whittier State School. CROCKER ART GALLERY, removal of mineral cabinet from state library to. Act 2206. CRUELTY TO AXIMALS, cruelty to animals, prevention of. Acts 869-871. CRUELTY TO CHILDREN, society for prevention of cruelty to children, incorporation of. Act 1618. CUBIC AIR LAW', lodgings, number of cubic feet for each per- son. Act 1966. CURATIVE ACTS, acknowledgments, validating defective. Acts 16-21. Application of John D. Justice to purchase state lands vali- dated, Act 2870. Assessment of street tax in Sacramento city, legalized. Act 3053. Acts of auditors and recorders legalized. Act 2982. Conveyances by commissioners of sinking fund of San Fran- cisco legalized, Acts 3197, 3200. Conveyances in San Diego validated. Acts 3148, 3149, 3150. Probate sales, ratification of void. Act 2785. Public administrators, validation of sales by before obtaining letters. Act 2809. Reclamation districts, acts legalizing: See Reclamation Dis- tricts. Sale of state lands, validated. Acts 2863-2865. San Joaquin County, records of validated. Act 3357. Santa Barbara City, grants by ayuntamiento legalized, Act 3453. Santa Barbara City, grants of town lots legalized. Act 3454. Santa Barbara City, proceedings of legalized, Act 3452. Santa Barbara County, all proceedings of legalized. Act 3469. Santa Barbara County, conveyances by C. C. Cook validated. Act 3463. Santa Clara County, records of legalized. Act 3491. Solano County, records of legalized, Act 3686. Sonoma, pueblo of, conveyances of lands of confirmed. Act 3701. CURATIVE ACTS — DEER CREEK. 1591 Tax sales, proceedings of tax collectors in 1S74, validated. Act 4055. Title of certain swamp lands to J. P. Counts and Myron Smith confirmed, Act 4025. Yolo County, acts of public administrator of, legalized. Act 4452. DAMAGES, compensation for causing death by wrongful act or neglect. Act 2451. OATRIKS: See Butter; Cheese; Oleomargarine. Factories of dairy products, inspection of. Act 877. Inspection of, Act 877. Products of dairies, inspection of. Act 877. DAVISVILLiE, hogs and goats running at large in, prevention of, Act 882. DEAD BODIES, exhumation and removal of, regulation of, Act 2832. See Cemeteries. DEADLY "WEAPONS, improper and criminal use of, prevention of. Act 887. DEAF, DUMB AjVD BLIND ASYLUM, directors, powers of. Act 892. Supply of water for. Act 893. DEATH, certificates of deposit, action for after death, limitation on. Act 3876. Compensation for causing death by wrongful act or neglect, Act 2451. County treasurer, of, proceedings on, p. 150, § 85. Express trusts, execution of on death of last survivor. Act 4161. Record of in cities of first class, pp. 740, 741, §§ 183, 184. Surrender of dead bodies for dissection. Act 937. DEBRIS: See Mines and Mining. DEBRIS COMMISSIONERS, appointment, duties and compensa- tion of. Act 898. DEBT: See Public Debt. DEBTOR AND CREDITOR: See Bankruptcy and Insolvency. Discharge of whole of debt on payment of part. Act 6. Insolvent law. Act 1654. Legal tender notes are receivable in payment of taxes and debts. Act 1895. DEEDS, acknowledgment by prisoner. Act 2764. Acknowledgments: See Acknowledgments. Cemetery corporation, manner of execution of deeds by, Act 550. Conveyances by persons whose names are changed, Act 904. Torrens land act. Act 4115. DEER, destruction of on Mt. Diablo, Contra Costa County, pre- vented. Act 1313. DEER CREEK, navigability of, Act 4358. 1592 DEFINITIONS — DENTISTRY. DEFINITIONS, artesian wells, p. 40, § 3. Audited, p. 696, § 92. Conspiracy, Act 692. Co-operative business corporations, of. Act 743. Itinerant vendors. Act 1941, § 3. ^Medical practitioners, p. 605, § 16. Notice, p. 151, § 88. Process, p. 151, § 88. Streets, public, in cities of first class, definition of, p. 677, § 66. Waste of artesian vsrater, p. 41, § 4. DEL NORTE COUNTY, animals of another, wounding in, punish- ment of. Act 1593. Bounties for destruction of wild animals in. Act 189. Fence districts in. Act 910. Fences in, tearing down of, prevention of. Act 1593. Fires, leaving of, punishment of. Act 1593. Humboldt County and Del Norte and Siskiyou counties, line between. Acts 822, 909. Hunting on inclosed lands in, prevention of. Act 1593. Indigent sick of. Act 911. Passing through inclosures and leaving them open, Act 1593. Pound districts in. Act 910. Road laws, special in, repeal of. Act 912. Superintendent of schools, salary of. Act 914. Supervisors, changing manner of electing. Act 913. Swamp land fund transfer of to general fund. Act 916. Thistle, propagation prevented in, Act 4104. Treasurer of, bonds of, Act 915. DENTISTRY, act relating to practice of does not affect esisting practitioners, p. 328, § 1. Applicants for examination, qualifications of, p. 333, § 12. Applicants, qualifications, character and experience, examina- tion into, p. 331, § 9. Apprenticeship in dentistry, notice and affidavit, p. 334, § 13. Better education of practitioners, Act 921. Certificate of registration of license, p. 331, § 10. Certificate of registration of license, proceedings on change of name, p. 332. Certificate of registration of license, proceedings on removal, p. 332. Certificates, when issued, p. 331, § 8. Complaint for violating dental law, p. 337, § 21. Degrees, conferring of by colleges, p. 337, § 20. Dental examiners, annual report, p. 339, § 22. Dental examiners, appointment of, p. 329, § 2. Dental examiners, books and records of, p. 330, § 6. Dental examiners, books and records, copies of, p. 330, § 6. Dental examiners, compensation and how paid, p. 330, § 4. Dental examiners, creation of, p. 329, § 2. Dental examiners, expenses and mileage of, and how paid ,p. 330, § 4. Dental examiners, expenses, compensation, and mileage, how paid, p. 335, § 14. Dental examiners, meetings, time and place of, p. 329, S 3. Dental examiners, meetings, quorum, p. 23. DENTISTRY — DIABLO CREEK.. 1593 Dental examiners, number of, p. 329, § 2. Dental examiners, oflScers of, p. 329, § 3. Dental examiners, organization of, p. 329, § 3. Dental examiners, postofflce address and notices, p. 330, S 5. Dental examiners, powers and duties enumerated, p. 329, § 3. Dental examiners, removal of, p. 330, § 7. Dental examiners, qualifications, p. 329, § 2. Dental examiners, seal of, p. 329, § 3. Dental examiners, term of oflBce, p. 329, § 2. Dental examiners, vacancies, filling of, p. 329, § 2. Diplomas, bestowing of by colleges, p. 337, § 20. Examination of applicants, p. 330, § 8. Examination, fees for, p. 333, § 11. Fees, p. 334, § 14. Fines, penalties or forfeitures, disposition of, p. 337, § 21. License, certificate of registration of, p. 332. License, practicing without, unlawful, p. 328, § 1. License, registry of, p. 331, § 10. License, revocation of, grounds for, p. 338, § 21 1^. License, revocation of, proceedings for, p. 338, § 21%. License, temporary, issuing, p. 333, § 11. License, where issues, p. 330, § 8. Misdemeanor, offenses against dental law, pp. 336, 337. Moneys received, deposit in bank and withdrawal of, p. 335, S 14. , Offenses against dental law, punishment of, pp. 336, 337. Physicians and surgeons, rights of, p. 339, § 24. Practicing dentistry defined, p. 335, § 15. Registery of dentists, faUe entry, liability of county clert, p. 332. Regulation of practice of, Act 921. DEPOSIT, in banks: See Banks and Banking. Certificates of deposit, action for alter death, limitation on. Act 3876. Deposit of moneys or assets with corporation and reduction of bonds. Act 1055. DEPOSITARY, bonds, deposit of money or assets with corpora- tion and reduction of bonds. Act 1055. Corporation acting as, rights and duties of. Act 1055. Corporations as, and powers and duties of, Act 770. Corporations authorized to act as, Act 1055. Deposit of moneys or assets with corporations and reduction of bonds, Act 1055. DEPUTIES: See Offices and Officers. Acknowledgments taken before validated. Act 17. County clerks, deputies of. Act 828. DESCEIVT, law governing. Act 927. DEiJCIUPTIOJV, photographs and descriptions of discharged con- victs, giving to sheriffs and chiefs of police, Act 2767. DETAINER, forcible entry and unlawful detainer, act concerning. Act 1208. DIABLO CREEK, declared navigable. Act 932. 1594 DISEASE— DOGS. DISEASE: See Public Health. Contagious and infectious, amongst animals, prevention of, Acts 179, ISO, 877. Diseases injurious to fruit trees, vines, vegetables, etc., pre- vention of introduction of, Act 1517. Diseases to fruit and fruit trees, spreading of, prevention of. Act 1516. DISSECTIOIV, act providing for study of anatomy. Act 174. Surrender of dead bodies for dissection. Act 937. DISSOI^UTION, irrigation district, of, Act 1731. Protection districts, dissolution of for non-user, Acts 2803, 4026. Reclamation districts, of, for non-user. Acts 2803, 2974, 4026. DISTRIBUTION, law governing, Act 927. DISTRICT ATTORNEY, assistants and clerks in cities and coun- ties, and counties over 125,000, Act 943. Assistant or deputy, pajTnent of, p. 316, § 215. Bond of, p. 146, § 66. Bridge or ferry license, to proceed against persons neglecting to pay. Act 1938. Claim against county, not to present or advocate, p. 163, § 134. Deputies, appointment and salaries in various counties: See Counties. Duties of, enumerated, pp. 162. 163, §§ 132-134. Eligibility to office of, p. 143, § 54. Expenses of, a county charge, p. 321, § 228, subd. 2. Fees, apportioning between district attorneys and their suc- cessors, Act 944. Illegal allov/ance of claim against county, duty of district attorney, p. 115, § 8. In cities and counties, and counties over 125,000, Act 943. Neglect or refusal to pay over moneys, proceedings against, p. 149, § 80. Nuisance, to bring suits to abate. Act 942. Nuisances, public, to bring suits to abate. Act 2508. Office hours, p. 145, § 61. Particular classes of counties, district attorneys in: See Coun- ty Government. Particular county: See Particular Title. Salaries and expenses of in various counties: See Counties. DISTRICT COURT, powers of conferred on superior courts. Act 846. DITCHES: See Canals ; Drainage. Co-owners of, mutual rights and liabilities of, Act 950, Water ditches in Fresno County, Act 1272. DIVISION FENCES: See Fences. DIVORCES, act relating to. Act 955. DIXON, incorporation of, Act 960. DOCTORS: See Dentistry; Medicine; Veterinary Surgery. DOGS, administering drugs or poisons to a misdemeanor. Act 192. Annual tax on, p. 342, §§ 1, 2. Annual tax, evasion of, penalty, p. 342, § 3. Annual tax on, ownership of dog evidence of, p. 342, § 3. DOGS — DRAINAGE. 1595 Goats, cashmere and angora, protection of from ravages of, Act 181. Protection of sheep against ravages of. Act 181. Stealing of, prevention of. Act 190. Worrying or killing sheep or angora or cashmere goats, lia- bility, p. 343, §§ 4, 5. DONATIONS: See Gifts. Counties, to, receipt and appropriation of. Act 2338. To state, receipt and appropriation of, Act 37S2. DORRIS BRIDGE, name changed to Alturas, Act 970. DOWNIEVILLE, incorporation of. Act 975. DRAINAGE, agricultural lands, drainage of, Acts 982, 983. Cities of third class, drains in, pp. 814-816, §§ 531, 532. Colusa and Yolo counties, certain lands in, of, Act G49. Commissioner of public works, auditing board to, duties in re- lation to, Act 2891. Commissioner of public works, duties in relation to. Act 2890, § 2. Districts, orgcinization and government of drainage districts. Act 982. Issuance of bonds by cities for drainage of waters. Act 2366. Levee districts: See Levee Districts. Promotion of, Act 980. Protection districts: See Protection Districts. Rapid, promotion of. Act 3811. Sacramento River drainage district, creation of. Act 981. Sale of lands uncovered by recession or drainage of lakes. Act 2857. Swamp and overflowed lands, drainage of, Act 983. State drainage construction fund, abolition of, Act 984. State drainage construction fund, transfer to general fund. Act 984. Ditches and drains under the act of 1903. Apportionment of, notice to owners, p. 351, § 6. Bond on petition for, p. 349, § 1. Completion, proceedings where owner fails to complete, p. 351, § 7. Condemnation of lands, p. 353, § 12. Consiruction, damage by augmenting waters, p. 353, § 11. Costs of excavation a'nd location apportioned to lands affected, p. 350, § 5. Costs of, notice to owners, p. 351, § 6. Costs, notice of apportionment to owners, p. 350, § 5. Costa, proceedings on failure to pay, p. 351, § 7. County surveyor superintends construction, p. 352, § 9. Encroachment, failure to remove, penalty, p. 352, § 10. Location of, p. 349, § 2. Obstructions, failure to remove, penalty, p. 352, § 10. Petition for, p. 349, § 1. Petition, contest of and evidence, p. 350, § 3. Petition for, hearing, p. 349, § 1. Petition, hearing, publishing notice of, p. 349, § 1. Petition, publication of, p. 349. § 1. 1596 DRAINAGE. Petiticn, supervisors may grant or deny, p. 350, § 4. Repair of, p. 352, § 9. Road master has charge of, p. 352, § 9. Survey of lines of and report, pp. 349, 350, §§ 2, 4. Transfer of funds from drainage construction funds to general fund. Acts 1282, 1283. Treasurer, duty of as to funds, p. 351, § 8. Treasurer, compensation of, p. 352, § 8. Drainage districts under act of 18S5. Account of expenditures, p. 348, § 16. Assessing damages and expenses, p. 346, § 9. Assessments, action on, p. 348, § 14. Assessments, equalizing, p. 347, § 13. Assessments, lists, filing of, p. 347, § 14. Assessments, further, p. 346, § 12. Assessments, lien of, p. 347, § 14. Assessments, lists of charges and of lands, p. 347, § 13. Assessments, pajTnent of, p. 348, § 14. Boundaries, p. 345, § 3. By-laws, p. 345, §§ 5, 6. Drainage by owners without intervention of trustees, p. 348. § 20. Eminent domain, exercising right of, p. 348, §§ 18, 19. Exclusion and inclusion of land, p. 345, § 3. Execution of work, p. 348, § 15. Formation of, p. 345, § 3. Lying in different counties, p. 345, § 2. Payments when districts in different counties, p. 346, § 10. Petition for formation of, p. 344, § 1. Petition, recording, p. 345. Plans and estimates, p. 346, § 8. Powers of board, p. 345, § 7. Purchases by trustees, p. 348. § 17. Warrants on treasurer, p. 346, § 10. Drainage districts under act of W03. Actions and proceedings, instituting and defending, p. 363, § 26. Annual estimate of moneys needed, p. 370, §§ 39, 40. Appeal from order forming, p. 355. § 4. Assessments, election upon question of levying, p. 366, § 31. Assessment, special, election en. p. 374, § 55. Assessment where bonds insuaif ient. p. 366, § 31. Bids for construction of work, p. 372, § 49. Bonded indebtedness, reduction of. pp. 386. 3S7, ?§ 88-90. Bonds, action to determine validity, pp. 375-377, §§ 58-63. Bonds, destrutticn of, election to determine, pp. 387, 388, §§ 91-93. Bonds, election for. p. 364, § 27. Bonds, form of interest, time of payment, denomination, etc., p. 365, § 28. Bonds, how payable, p. 366. § 30. Bonds, lien upon property, p. 366, § 30. Bonds, redemption of. p. 372, § 48. Bonds, refunding, pp. 366-370, §§ 32-39. DF MNAGE. 1597 Bonds, sale of, p. 365, § 29. Boundaries, change of, p. 377, § 64. Boundaries, change of by exclusion, pp. 377-380, §§ 64-71, p. 381, §§ 73, 74. Bound" ^ange of by inclusion of lands, pp. 382-386, §§ 76-87. Boundu-c- ., Luange of, effect on debts, liabilities, etc., p. 377, § 64, p. 381, §§ 74, 75. Boundaries, change of to be recorded, p. 380, § 70, p. 385, § 84. Boundaries, defining, establishing and modification, p. 353, § 3. Claims, allowance and payment, p. 373, § 50. Condemnation proceedings, p. .'!5S, § 16. Construction of works across stream, railroad, highway, etc., p. 373, § 52. Contracts and bonds, p. 372, § 50. Costs and expenses paid out of construcion fund, p. 373, § 51. Debts, limitation on power to incur, p. 375, § 56. Directors, at large, p. 355, § 5. Directors, biennial election of, p. 359, § 17. Directors, changing number of, p. 363, § 25. Directors, compensation and expenses, p. 374, § 53. Directors, financial statement, publishing, p. 358, § 13. Directors, limitation on power of to incur debt, p. 375, § 56. Directors, meetings of. p. 358, § 13. Directors, minutes, p. 358, § 13. Directors not to be interested in contracts, p. 374, § 54. Directors, oath and bond, p. 359, § 17. Director, office becomes vacant on exclusion of lands, p. 380, § 71. Directors, office of and change of, p. SCO, § 18. Directors, one elected from each district, p. 381, § 72. Directors, one to be elected from each division, p. 355, § 5. Directors, organization of, p. 358, § 12, p. 360, § 18. Directors, powers and duties of, p. 358, § 14. Directors, qualifications and residence, p. 355, § 5. Directors, quorum, p. 358, § 13. Directors, term of office, p. 357, §§ 11, 12, p. 360, § 18. Directors, vacancy, p. S59, § 17. Director, vacancy in office on exclusion of land, filling of, p. 380, § 71. Directors, when enter on duties, p. 357, § 11. Dividing district into divisions, p. 355, § 5. Division, dividing district into, p. 381, § 72. Division of district, re-division on inclusion of land, p. 386, § 87. Divisions, changing boundaries of, p. 358, § 15. Elections, boards of election, appointment of, p. 361, § 19. Elections, board of election, oaths of officers, p. 361. § 20. Elections, board of election, duties and powers of officers, p. 361, § 20. Elections, certificates of election, p. 363, § 24. Elections, form of ballots, p. 361, § 20. Elections, notice of, p. 361, § 10. Elections, polling places, p. 361. § 19. Elections, precincts, p. 361, § 19 ; p. 381, § 72. 159S DRAINAGE— DRAINS. Elections, returns, canvass of, p. '562, § 23. Elections, return?, p. 362. §S 22. 23. Elections, statement of result, declaring and entering, p. 363, § 24. Elections, voting, p. 361, § 21. Election on organization, contest of, p. 357, § 10. Election on organization, notice of. p. 356, § 6. Election on organization, canvassing returns, p. 356, § 8. Election on organization, qualifications of electors, p. 356. § 7. Election on organization, two third votes necessary, p. 356. § 8. Election on question of inclusion of lands, pp. 384, 385, §§ 82, 83. Election on question of reducing bonded indebtedness, p. 386, §§88, 89. Election on question of special assessment, p. 374. § 55. Election to determine destruction of bonds, pp. 387, 388, §§ DI- GS. Exclusion of lands, pp. 377-380, §§ 64-71 ; p. 381. §§ 73, 74. Exclusion of lands, effect of on debts, liabilities, etc., p. 377, § 64: p. 381, §§ 74, 75. Exclusion, guardian or executor may sign petition, p. 381, § 73. Funds, enumeration of. p. 372. § 46. Guardian or executor may sign petition for inclusion of lands, p. 385, § 86. Inclusion of land, pp. 382-386, §§ 76-87. Number of o-wners necessary to organization, p. 353. § 1. OiBcers not to be interested in contracts, p. 3T4. § 54. Order declaring organization, recording and filing with super- visors, p. 357, § 9. Organization of, p. 353, S 1. Organization, when complete, p. 357, § 9. Petition, bond, p. 354. § 2. Petition, description and boundaries in, p. 354, § 2. Petition, hearing of, p. 354, § 3. Petitic'n. illegal signing, efiect of. p. 354, § 1. Petition, number of signers necessary, p. 354, § 2. Petition, presentation of, p. 354, § 2. Petition, publication of, p. 354, § 2. Petition, who cannot sign, p. 354, § 1. Pov.'ers, rights and duties, p. 353, § 1. Prior acts not repealed, p. 388, § 95. Property, right to acquire and hold, p. 363, § 26. Refunding indebtedness, pp. 366-370, §§ 32-39. Rights of way granted over state land.s, p. 373, § 52. Secretary, appointnnent of. p. 360. § IS. Secretary, appointment, salary and bond, p. 358, § 12. Taxation, property exempt from, p. 375. § 57. Tax. levy and collection of, pp. 370. 371, §§ 42-45. Title to propprty vests in. p. 363. § 26. Treasurer, duties of, pp. 371, 372, §5 45-48. Validity and liabilities of prior districts not affected by act. p. 388, § 94. DRAIXS: See Drainage. DRUGS — EL DORADO COUNTY. 1599 DRUGS: See Pharmacy; Poisons. Administering to animals, Act 192, Adulteration of forbidden, Act 35. Analyzing to prevent adulteration. Act 40. Analyzing, Act 3799. Itinerant vendors of, license upon, Act 1941. Paris green, fraud in sale of, prevention of. Act 2614. Paris green, regulation of sale of, Act 2614. Poisons, regulation of sale of, Act 2723. DRUGGISTS: See Pharmacy. DUE BILLS, assignability of. Act 260. DUMB: See Deaf, Dumb and Blind Asylum. DYING STATEMENT, duty of assistant district attorney to take in cities of first class, p. 759, § 242. DYNAMITE: See Explosives. EARL: See Lake Barl. EARNINGS, married women, of, protection of. Act 2111. EASEMENT, rights of way given mines. Act 2228. EAST STREET, San Francisco, harbor commissioners authorized to sell, condemn and acquire adjacent land. Act 1428. San Francisco, harbor commissioners authorized to rectify alignment. Act 1428. San Francisco, jurisdiction of harbor commissioners extended over. Act 1427. EDUCATION: See Hastings College of the Law; University of California. Colleges: See Colleges. Incorporation of institutions of learning, science and art. Act 633. S«hools: See Schools. EEL RIVER, salmon fisheries In, protection of. Act 1326. EJECT3IENT, possessory actions, mode of maintaining and de- fending. Acts 2847, 2848. KL DORADO COUNTY, agriculture in, protection of. Act 992. Animals of another, wounding in, punishment of. Act 1593. Animals, prevention of injury to agriculture from trespassing of. Act 992. Animals, trespassing of on private property in Mud Springs Township, Act 997. Assessor, authorized to appoint one or more deputies. Act 993. Board of auditors, creation of and powers of. Act 994. Bonded indebtedness of, funding of, Act 995. Bonded indebtedness, levy of tax for redemption of. Act 1004 Collector, election and compensation of. Act 1007. Fees of ofBcers in, Act 1001. Fences, division in. Act 1138. Fences, lawful, in, Act 990. Fences in, tearing down of, prevention of. Act 1593. Firemen, exemption of from poll tax. Act 4063. Fires, leaving of, punishment of. Act 1593. 1600 EL DORADO COUNTY— ELECTIONS. Funds, treasurer to transfer certain. Act 1006. Highways in, Act 999. Hunting on inclosed private land, prevention of. Act 1593. Inclosures, passing ttirougli and leaving them open, Act 1593. Stallions prevented from running at large in, Act 1063. Mud Springs township, trespassing of animals upon private property in, Act 997. Officers, fees and salaries of, Acts 1000, 1001. Poll taxes in, disposition of proceeds of, Act 1005. Rattlesnake school district and Wild Goose school district consolidated. Act 3543. Roads in. Act 999. Roads, improvement of in. Act 998. Supervisors, organizing board and defining duties of. Act 1002. Taxes, levy of for county purposes. Act 1004. Tax, levy of for redemption of bonded indebtedness. Act 1004. Tax, special, supervisors authorized to levy. Act 1003. Treasurer, election and compensation of. Act 1007. Treasurer of to transfer certain funds, Act 1006. Trespassing of animals in. Act 1071. » ELECTIONS, bends, counties authorized to vote on issuing for debts not authorized. Act 384. Bonds, on question of issuing by cities for expenses of year 1883, Act 3S3. Certificates of election, issuing of. p. 136, § 35. Charters, elections upon, Act 1014. Charters or amendments to the charters, conduct of election upon. Act 367. Charter, amendments to, election upon, Act 1014. Cities of second class, when held, p. 771, § 301. Cities of third class, elections in, p. 807, § 507. Cities of fourth class, elections in, pp. 828-830, §§ 602-604. Cities of fifth class, elections in, p. 867, § 752 ; p. 869, § 756. Cities of sixth class, elections in, p. 896, § 856. Cities of sixth class, officers, election of enabled where city without officers. Act 2350. County officers, time of, p. 145, § 58. Frauds on voters, prevention of. Act 1017. Freeholders, election of. Acts 367, 1014. Intoxicating liquors, prevention of sale of on election days. Act 1016. Officers of, supervisors appoint, p. 121, § 25, subd. 3. Municipal, conduct of where held separate from state elections. Act 367. Precincts, supervisors may establish, abolish and change, p. 121, § 25, subd. 3. Piece clubs, prohibition of. Act 1018. Primary, acts providing for, governing and regulating, Acts 1012, 1013. Primary, in counties of certain classes, Act 1013. Primary, supervisors authorized to declare day a holiday. Act 1469. Purity of. promotion of. Act 1015. Sale of intoxicating liquors on election days prohibited, Act 1690. ELECTIONS — ESTATES OF DECEDENTS. 1601 Special, acts concerning, Act 1019. Supervisors authorized to declare election day a holiday. Act 1469. Supplies, duties of supervisors, p. 136, § 34. Tickets, circJBlation of bogus, prevented. Act 1017. Township ofiBcers, time of, p. 145, § 58. Voting machines, option as to use of, Act 1020. Voting machines, state commission on, creation of and powers of. Act 1020. ELECTRICITY, ordinances permitting cars to be propelled by, ratified. Act 2928. Steam railroads authorized to use electricty or steam. Act 2924. ELIGIBII.ITY of women to educational offices. Act 3576. To office: See Offices and Officers. ELISOR, compensation for serving process, p. 154, § 105. Fees of. Acts 754, 1026. Service of process by, p. 154, § 105. When may be appointed to serve process, p. 154, § 105. Ell MONTE, Lexington, name of changed to El Monte, Act 1926. Ell MONTE TOWNSHIP in Los Angeles County, protection of from overflow, Act 1998. EMIGRATION, promotion of emigration from state. Act 1031. EMINENT DOMAIN, cities authorized to acquire water, water rights, reservoir sites, etc., by. Act 2337. EMPLOY3IENT: See Master and Servant. EMPLOYMENT AGENTS, duties and liabilities, Act 1036. ENCAMPMENTS, National Guard, of, to be at camps of instruc- tion, Act 2427. ENDOWMENTS: See Trusts and Trustees. Endowment insurance companies, formation, regulation, powers and duties of. Act 1664. ENGINEER, cities of second class, appointment and duties of, p. 793, § 377. ENGINEER, STATE: See State Engineer. ENTRY, forcible entry and unlawful detainer, act concerning. Act 1208. EQ.UITABLE I,IFE INSURANCE CO., authorized to invest money in California, Act 1670. EQUITY, commissioners in: See Commissioners in Equity. ESCAPE, arrest, trial, recommitment and punishment of convicts who have escaped. Act 1041. Costs of trial of escaped convicts. Acts 736, 783, 3859. Sheriff, liability of, p. 152, § 95. ESCHEATS, act concerning. Act 1046. Aliens to claim inheritance within five years. Act 124. Sale of escheated estates. Act 1047. ESTATES OF DECEDENTS: See Public Administrators. Claims paid without legal formalities, allowance of. Act 1053. Collection of savings bank deposit by next of kin of deceased. Act 1052. 1602 ESTATES OF DECEDENTS — EXPLOSIVES. Descents and distribution, law governing. Act 927. Mines or mining interests, summary sale of. Act 1054. Ratification of void probate sales. Act 2785. Regulating settlement of, Act 1053. Validation of sales by public admraistratoBe before obtaining letters. Act 2809. ESTRAYS: See Animals. Particular counties or towns, in: See Particular Title. ETjVA, incorporation of, Act 1078. Name of Rough and Ready, Siskiyou County, changed to Ctna, Act 3033. EUREKA, charter of. Act 1084. Clark's addition to, survey of legalized. Act 1085. Common council of, to sit as board of equalization. Act 1087. Incorporation of, Acts 10S3, 1084. Police court, establishment of in. Act 1088. "Waterfront ceded to. Act 1086. EVIDEXCE, receipts by officers of cities of first class as evidence, p. 699, § 98. See Judicial Notice. EXAMIXERS: See Board of Examiners. EXECUTIOXS, attorney-general authorized to bid in property under execution on judgment in favor of state. Act 265. Expenses for property seized on attachment or execution and how paid, p. 318. Justices' court of Alameda County, executions from, Act 105. Sheriff, duties and liabilities regarding, pp. 151 et seq., § 89 et seq. Unsafe banks, proceedings against, effect on attachments or executions, p. 50. EXECUTIVE .siaCRBTARY of United States, assault upon, pun- ishment of. Act e93. Of United States, conspiracy to commit any crime against, punishment of. Act 693. EXECUTORS AXO AD3IIXISTRATORS, bonds, deposit of money or assets with corporation and reduction of bonds, Act 1055. Corporation acting as, rights and duties of. Act 1055. Corporations authorized to act as. Acts 770, 1055. Deposit of moneys or assets with corporation and reduction of bonds. Act 1055. Validation of sales by public administrators before obtaining letters. Act 2809. EX-OFFICIO OFFICERS, signatures of. Act 2550. EXEMPTION, poll tax, exemption of firemen from in certain counties. Act 4063. EXPERT, controller, to, compensation of. Act 731. Controller, to, creation of ofBce of. Act 731. EXPLOSIVES, malicious deposit, punishment of. p. 403, S 8. Police ofiHce may sue for forfeiture, p. 404, § 10. Reckless or unlawful possession of. p. 401, §§ 5-7. Records of sales of, pp. 400, 401, §§ 1-4. Transportation of high explosive, p. 403, § 9. EXPOSITIONS — FEES. 1603 EXPOSITIOIVS, special tax to exhibit county products at ex- positions authorized, Act 4041. Tax to display products at, supervisors authorized to levy. Act 3963. EXPRESS TRUSTS, execution of, on death of last survivor, Act 4161. EYES: See Optometry. FACTORIES: See Manufactures. Sanitary condition of workshops and factories, provisions for. Acts 109S, 2139, 2841. FAIRS, tax to exhibit county products at expositions authorized, Acts 3963, 4041. FARES, rates of on street railroads in cities over 100,000, Act 2929. FARMERS' I:NSTITUTES, holding of by regents of university of California, Act 4252. FEATHER RIVER, bridge across declared a free bridge, Act 1103. Bridge across, superylscrs authorized to construct. Act 4005. Navigability of. Act 4358. Survey of outlet of, Act 1104. FEDERAL, GOVERNMENT: See United States. FEDERAL. OFFICERS, assaults upon certain, punishment of. Act 693. Conspiracy to commit offense against certain, punishment of. Act 693. FEDERAL PRISONERS, confinement of. Act 2768. FEEBLiE MINDED CHILDREN, California home for the caro and training of, establishment of. Act 1108. Government and management of home for. Act 1109. Idiots, epileptics and mentally enfeebled paralytics to be ad- mitted to. Act 1113. Permanent site for home for, Act 1110. Repeal of acts relating to home for. Act 1113. Right of way through lands of home granted to supervisors of Sonoma County, Act 1112. Sale of site and buildings of home for. Act 1111. Supervisors of Sonoma County granted right to change locatioa of highway through lands of home. Act 1112. To authorize and empower trustees of home for, to transfer and quit-claim certain realty to trustees of Santa Clara, Act 1114. FEES, account for to be given, p. 320, § 223. Act establishing and regulating, Act 1123. Apportioning between district attorneys and their successors. Act 944. Architect's certificate, fees to be paid by applicant for, p. 36. Architect, for recording certificate of, p. 37, § 4. Architect, non-resident, fee for temporary certificate, p. 38. Attorneys' fees and other charges in foreclosure, abolition of. Act 2330. Attorney's fees in foreclosure suits to be fixed by court, Aot 1213. 1604 FEES. Board of accountancy, fees that may be charged by, pp. 2, 3, § 2, subds. 4, 5. Cities of second class, fees to be paid into treasury, p. 772, §303. Claims or demands against covmties, no fees for swearing to, Act 1122; p. 321, § 227. Constables, of, in criminal cases a county charge, p. 221, § 228, subd. 10. Coroners, of. Act 754. Coroners in cities of first class receive no fees, p. 710, § 135. Costs: See Costs. County clerk as witness outside of city, fees and expenses, p. 707, § 126. County, township and other oflScers, fees of, Act 1123. Dentistry, examination for, p. 333, § 11. Dentistry, fees for applicants to practice, p. 334, § 14. Elisors, Acts 754, 1026. Failure of officer to perform duty where fees tendered, liability, p. 320, § 222. Fee book, delivery to successor, p. 318, § 217. Fee book, officers to keep, p. 318, § 217. Fee book, open to inspection, p. 318, § 217. Habeas corpus, no fees to bo charged, p. 320, § 227. Illegal, supervisors to remove officers collecting, p. 320, § 225. Jurors, of, Acts 1119, 1123 ; p. 414. Jurors, a county charge, p. 321, § 228, subd. 4. Jurors, payment of fees of jurors who have served as such. Act 1752. Jurors, in counties of twenty-first class, p. 243, subd. 18. Jurors, in counties of twenty-eighth class, p. 259, subd. 16. Jurors, in counties of thirty-fourth class, p. 274, subd. 17. Jurors, in counties of forty-ninth class, p. 305, subd. 16. Jurors serving since 1895 and not paid, payment of fees. Act 1124. Law libraries in cities of first class, fee for, p. 708, § 127. Manner of paying in cities and cities and counties over 100,000, Act 1121. Medicine, on application to practice, p. 598. 5 5. Naturalization, no fees to be charged, p. 321, § 227. Notaries, fees for publication to be paid in advance, p. 144, § 57. Oath of office, no fee for administering or certifying, p. 321, § 227. Officers, of, Act 1119. Particular counties: -See Particular Title. Particular officers: See Particular Title. Payment into county treasury, p. 318, § 216. Pension claimants, county clerk to take affidavits of without fee. Acts 829, 2641. Pension matters, no fees in, Act 1122 ; p. 321, § 227. Poster of fees of justices and constables, p. 320, § 224. Prepayment necessary except in certain cases, p. 320, § 221. Prepayment not necessary in habeas corpus, p. 320. § 221. Prepayment of fees not necessary in naturalization, p. 320, § 221. PEES — FIDDLETOWN. 1605 Quarantine officers, cities of first class, p. 740, § 180. Receipt for to be given, p. 320, § 223. Removal of criminal action, oTi, pp. 322, 323, §| 229, 230. Salary fund, payment of fees into, p. 319, § 219. Statement of and affidavit, p. 318, § 218. Statement of fees to precede warrant for salary, p. 320, § 221. Taxes, for assessment, etc., of, abolished, Acts 4048, 4049. Taxes, collection of. payment by state to county or city for, prohibited. Act 4050. Treasury, when to be paid into, p. 318, § 21S. Witnesses, of. Act 1123. Witnesses, p. 414. Witnesses, a county charge, p. 321, § 228, subd. 4. Witnesses, in counties of thirty-fourth class, p. 274, subd. 18. Witnesses, in counties of thirty-eighth class, p. 284, subd. 17. FELONIES, assault upon certain state and federal officials. Act 693. Conspiracy to commit any crime against certain federal and state officials. Ad 693. Explosive, malicious deposit, p. 403, § 8. Explosive, reckless or unlawful possession of, p. 402, §§ 5, 7. Medical certificate, fraud in filing, p. 604, § 13. Officers being interested in contracts or examining bids, p. 653, § 27. Retaining portion of salary of subordinate officers. Act 2549. Retaining part of wages of laborers on public works, Act 2549. FEL.TON, incorporation of, Act 1129. FENCES, division, construction of. Act 1138. Division, height of, in cities. Act 1139. Lawful fences, acts concerning. Acts 1134-1137. Leaving open of inclosures, prevention of. Acts 1140, 1141. Particular county, in: See Particular Title. Partition, height of in cities. Act 1139. Passing through inclosures and leaving them open, prevention of. Act 1140. Tearing down fences, prevention of. Act 1593. Tearing down to make passage through, prevention of. Acta 1140, 4144. FERRIES across navigable streams between counties, establish- ment, maintenance and expense. Act 1147. District attorney to proceed against persons neglecting to pay ferry or bridge licen.se. Act 1938. Establishment of in Stanislaus County on San Joaquin River, Act 3761. Public, act concerning. Act 1146. FERRY DEPOT, bonds. Issuance and sale of for construction ol in San Francisco, Act 1152. FERTILIZERS, sale of fertilizers and manurlal materials, regu- lation of. Act 1157. University of California, powers and duties in regard to sala of, pp. 420-423, §§ 3-11. FIDDI^ETOAVN, name changed to Oleta, Act 1163. Hogs and goats prevented from running at large in, Act 1162. 1606 FINDERS— FISH. FINDERS, lost property. Act 2028. FINES, act imposing on immigrants unable to become citizens. Act 15SS. FIRE, forest fires on public land, prevention of destruction by. Act 1168. Fresno city, protection of against. Act 1252. Leaving of, punishment of. Act 1593. Merced city, protection of against. Act 1252. Spark catchers, use of on steamers, Act 38S8. Starting in hay, grain, stubble, or grass, a misdemeanor. Act 1169. FIRE DEPARTMENT, in cities of first class, officers of, salaries of. Acts 1180, 1181. Cities of first class, fire department in, provisions relating to, pp. 724-732, §§ 142-161. Cities of second class, removal of members of, p. 790, § 358. Cities of fifth class, fire departments in, p. S93, § 813. Fire alarm and police telegraph, pp. 732, 733, §§ 162-164. Firemen, exempt firemen's relief fund, Act 1176. Firemen, exempt firemen, enrollment into companies. Act 1176. Firemen to be granted yearly vacations, Act 1179. Firemen's relief fund, foreign fire insurance companies to pay certain premiums for, Acts 1177, 1668. Insurance, firemen's relief, health and insurance fund, creation of, Act 1175. Pensions for firemen, supervisors authorized to provide. Act 1178. Pension fund, creation of. Act 1175. Increasing efficiency of in cities of first class, Act 1182. Poll tax, fireaen, exemption from in certain counties, Act 4061. Unincorporated cities and towns authorized to maintain. Act 1174. FIRE INSURANCE: See Insurance. FIRE aiARSHAL,, in cities of first class, p. 668, subd. 29. FIRE3IEN : See Fire Department. FIRE PATROL,, establishment of by underwriters. Act 1188. FISCAL. YEA!** changing in cities operating under charters, Act 1193. FISH: See Game. Alameda County, destruction of fish in prevented, Act 1323. Aliens prohibited from fishing in waters of this state, Act 1320. American River, removal of obstructions in. Act 1303. Bolinas Bay, destruction of fish in prevented. Act 1324. Butte Creek, protection of fish in, Act 1325. Catfish not to be caught except -by hook and line. Act 1321. Chinese prohibited from fishing, Act 125. Commissioners authorized to construct hatchery. Act 1309. Commissioners authorized to dispose of hatchery on Battle Creek, Act 1310. Commissioners authorized to dispose of steam launch and re- place it. Act 1307. Commissioners authorized to import game birds. Act 1308. FISH— FOREIGN CORPORATIONS. 1607 Commissioners authorized to provide launcbi, Acts 1305, 1306. Commissioners authorized to purchase land at Sissons, Acta 1301, 1302. Commissioners authorized to remove obstructions in American River, Act 1303. Costs of trials of persons violating laws paid by state. Act 1335. Eel River, salmon fisheries in. protection of. Act 1326. Fishing, regulation of vocation of, Act 1319. Fishing, revenue iiova for protection and preservation of flsh. Act 1319. Fishways in streams frequented by migratory fish. Act 1322. Fishways in streams frequented by salmon, shad, etc.. Act 1322. Hatchery, commissioners authorized to construct. Act 1309. Hatchery on Battle Creek, commissioners authorized to con- struct. Act 1310. Hatchery, purchase of land for at Sissons, Acts 1301, 1302. Hatchery at Sissons, improvements and repairs. Act 1302. Kings River, destruction of fish in prevented. Act 1328. Lake Bigler, protection of fish in. Act 1327. Lake Merritt, destruction of fish in prevented. Act 1317. Napa County, protection of fish and game in, Act 1318. Napa River, prevention of destruction of fish in. Act 1329. Pitt River, obstructions in, removal of. Act 1304. Plumas County, protection of flsh in, Acts 1331, 1332. Salmon fisheries in Eel Pliver, protection of. Act 1326. San Antonio Creek, preventing catching of fish in. Act 1330. Sierra Counts', protection of fish in, Acts 1331, 1332. Siskiyou County, preservation of fish in. Act 1333. Sonoma Creek, prevention of destruction of fish in. Act 1329. Supervisors, powers of, p. 132, subd. 28. Warden, fish and game, creation of office of, Act 1300. Warden, fish and game, powers, duties and salary. Act 1300. FISIIER3IE1V, harbor commissioners to set apart portion of water front of San Francisco, Act 3230. FLAG: See United States Flag, Act 4225. Desecration of flag prohibited. Act 1198. FLUMES, co-owners of, mutual rights and liabilities of. Act 950. FOLSOM, state prison at: See State Prisons. Goats prevented from running at large in, Act 1203. Sacramento city to, construction of state highway from, Act 1457. FOODS, analyzing. Act 3799. FOKCIBLE EXTRY, forcible entry and unlawful detainer, act concerning, Act 1208. FORECLOSURE, attorney's fees and other charges, abolition of, Act 2330. Suits for, attorney's fees to be fixed by court. Act 1213. FOREIGN CORPOIIATIOAS, authorized to do business on equal terms, Act 2917. Certified copy of articles to be filed with secretary of state, Act 776. To designate person upon whom process may be served, Acti 774, 775. ■1608 FOREIGN FIRE INSURANCE COS.— FRESNO COUNTY. , FOREIGX FIRE IXSL'RANCE COMPAPflES, payment of cer- " tain premiums by into firemen's relief fund, Act ll77. ^.FOREIGX IXSURAjN'CE COMPANIES, fire, to pay percentage oX premiums to firemen's relief fund. Act 1668. FOREIGNERS: See Aliens. FOREST RESERVATION, consent of state to. Act 2883. FORESTRY: See Horticulture. Appropriation for experimental station, Act 1220. Board of, property assigned to university of California, Act 1220. Board of, creation of. Act 1218. Board of, expenses of, Acts 1218, 1219. Board of, powers of enlarged. Act 1219. Board of, repeal of act creating. Act 1220. FORESTS, fires on public land, prevention of destruction by. Act 1168. Joint investigation with federal government of forest preserva- tion. Act 4367. FORFEITURE, life insurance policies, forfeiture of, Act 1663. FORT JONES, incorporation of. Act 1225. FRANCHI.SES, bicycles and tiorseless vehicles, franchises for paths and roads for, Act 1234. Booms, to construct. Act 392. Gas companies, granting of franchises to, Act 1342. Granting of in cities, Acts 1230-1234. Paths and roads for bicycles and horseless vehicles, for. Act 1464. Sale of in cities. Acts 1230-1232. To construct railroads beyond city limits to public parks. Act 2930. Toll bridges, for: See Toll Bridges. FREEHOLDERS, boards of, election of. Acts 367, 1014. FRAUD, corporations, frauds by oflBcer or agent of, punishment of. Act 771. Fraudulent contracts, act concerning, Act 1239. Fraudulent conveyances, act concerning. Act 1239. Misrepresentations of conditions of employment a misdemeanor, Act 2140. Paris green, fraud in sale of, prevention of, Act 2614. Paris green, regulation of sale of. Act 2614. Stamping and labeling produce and manufactured goods, fraud in, Act 2100. FRAUDULENT CONVEYANCE, act concerning. Act 1239. Married vyomen, incumbrance or fraudulent conveyance of real- ty by, prevention of. Act 2110. FREE LIBRARIES: See Public Libraries. FRESNO CITY, animals and fowls, certain prevented from run- ning at large in, Act 1253. Fire, protection of against, Act 1252. FRESNO COUNTY, animals, trespassing of, on private property, - prevention of, Act 1069. Auditor and recorder, separation of offices of. Act 1259. FRESMO COUNTY— FUNDS. 1609 Auditor, salary of, Act 1259. Bonds for construction o£ certain roads and bridges. Act 1266. Bonds of tax collectors of, Act 1269. Branding of calves in, Act 1S3. County seat, locating, Actl25S. Court house, funds for improvement of. Act 12C0. Fresno and Tulare counties, boundary line between. Acts 811, 819. Funds, transfer of authorized. Act 1261. Gophers in, destruction of, Act 186. Hides of cattle, keeping of, Act 182. Highways in, special laws repealed. Act 1267. Hospital, funds for improvement of. Act 1260. Kings River Switch school district, portion of attached to Kingsbury school district, Act 3548. Mariposa and Fresno counties, boundary line between, Act 815. Notaries, additional, for. Act 2500. Recorder and auditor, separation of offices of, Act 1259. Recorder, salary of. Act 1259. Records of slaughtered animals, keeping in, Act 183. Roads, bonds for construction of certain, in. Act 1266. Roads in, construction and maintenance of. Acts 1265, 1266. Hoads in. special laws repealed. Act 1267. Sanitary condition of towns and villages promoted. Act 1268. School moneys in, distribution of. Act 3542. Squirrels in, destruction of. Acts 186, 187. Superior judges, number of increased. Acts 1263, 1264. Superior judges, number of reduced. Act 1262. Swamp and overflowed lands in, determining rights in certain, Act 4023. Tax collectors of, bonds of. Act 1209. Treasurer of, salary of. Act 1270. Water commissioners, creation of board of, Act 1271. Water ditches in, Act 1272. Water privileges in. Act 1272. FRUIT AND FRUIT TREKS: See Horticulture. Better protection of. Act 73. Spreading of pests, prevention of, Act 1649. FUXDS, cities of first class authorized to pay rent and salaries out of general fund. Act 3209. Different funds In cities of first class, pp. 693-695, §§ 90, 91. General fund, controller and treasurer authorized to transfer moneys to, Act 12S1. General fund, exhaustion of, transfer of other funds to. Act 1277. General fund, transfer of moneys from drainage construction funds to authorized. Acts 1282, 1283. General fund, transfer of other funds to by governor and re- turn thereof. Act 1278. Payment into state treasury of moneys received by state insti- tutions, commissions and officers. Act 1279. Swamp land funds in state treasury paid to treasurer of counties, Act 1280. Swamp land funds paid into county treasuries, duties of audi- tor, controller and treasurers. Act 1280. Gen. Laws— 68 1610 FUNDS— GAS. Swamp land fund, supervisors authorized to transfer to general fund, Act 3962. Swamp lands, from sale of: See Swamp and Overflowed Lands. Transfer of funds to general fund by controller and treasurer authorized, Act 1281. Transfer of funds to general fund by governor and returu thereof. Act 1278. Transfer of funds to general fund on exhaustion of latter. Act 1277. Transfer from drainage construction funds to general fund authorized, Acts 1282, 1283. GALIXAS SLOrcK, declared navigable. Act 1288. game:: See Fish. Blue cranes, capture and destruction of prevented. Act 1316. Butte County, hunting of game within certain private groimda in, prohibited, Act 449. Deer, destruction of on Mount Diablo, Contra Costa County, prevented. Act 1313. Game birds, importation for propagation. Act 1308. Hunting on inclosed land, prevention of. Act 1141. Hunting on private grounds in certain counties, prevention of. Act 1577. Lake Merritt, destruction of in prevented. Act 1317. Mocking birds, act to prevent destruction of, Act 1314. Napa County, protection of fish and game in, Act 1318. Nevada County, protecting game in, Act 1311. Sea gulls at Santa Monica, protection of. Acts 1315, 3525. Supervisors, powers of, p. 132, subd. 28. Warden, fish and game, powers, duties and salary. Act 1300. Warden, fish and game, creation of office of, Act 1300. Yolo County, restricting hunting of game in. Act 1312. GAMIXG, suppression and prohibition of. Acts, 1293-1295. GAS, cities of second class, capacity of pipes, p. 790, § 359. Gas companies, granting of franchises to. Act 1342. Gas companies, protection of. Act 1341. Hotel or lodging-house keepers not to turn gas off at meters. Act 1343. Illuminating gas, use of, regulation of. Act 1343. Inspector, appointment, duties, compensation, etc, pp. 442-444, §§ 2-4. Penalties under act regulating in cities over 100,000, action for, by whom tried, p. 445, §§ 6, 7. Price, charging higher than price fixed in cities over 100,000, punishment, p. 444, § 5. Price in cities over 100,000, supervisors fix, p. 441, § 1. Price, limit on in cities over 100,000, p. 441, § 1. Quality, furnishing lower than standard in cities over 100,000, punishment, p. 444, § 5. Quality of in cities over 100,000, p. 441, § 1. Quality of in cities over 100,000, supervisors fix. p. 441, § 1. Quality, standard and price of in cities over 100,000, Act 3236. GEOLOGICAL SURVEY — GOVERNOR. 1611 GEOLOGICAL. SURVEY, continuation of. Act 1349. Distribution of reports of, Act 3S21. Preservation of material of. Act 1350. GEPTS, cities authorized to receive. Act 1356. Cities auttiorized to obtain lands for cemeteries, Act 2381. Cities authorized to acquire water, water rights, etc., by. Act 2337. Cities, receipt and appropriation of donations to. Act 2338. Cities, counties, and cities and counties authorized to receive and dispose of. Act S02. Commissioners of parks authorized to receive. Act 2880. Counties authorized to receive. Act 1356. Donations to state, counties or cities and counties, receipt of. Act 1355. Donations to state, receipt and appropriation of, Act 3782. Public institutions, gifts to, encouragement of, Acts 4162, 4163. State, to, receipt and appropriation of. Act 2338. GILiROY, incorporation of, Act 1357. GLEKN COUNTY, creation of county of, Act 1362. Glenn and Colusa counties, boundaries between. Act 810. Government and organization of. Act 13G2. GOATS, Angora and Cashmere, protection of from ravages of dogs. Act 181. Angora or Cashmere, dogs killing or worrying, punishment, p. 343, §§ 4, 5. Buck, prevented from running at large, Acts 1072, 1367. Particular county or town in: See Particular Title. Prevented from running at large on townsites. Act 1070. GOLDEN GATE HOMESTEAD ASSOCIATION, swamp land commissioners authorized to sell certain lands In San Francisco to. Act 1372. GOOD TEMPLARS, authorized to acquire property to carry out charitable purposes, Act 1377. GOPHERS, destruction of, Acts 186, 188. Destruction of in particular county: See Particular County. Particular counties, in: See Particular Title. GOVERNOR, arbitration, to appoint members of state board, p. 32, §1. Architecture, governor to appoint state board of, p. 34, § 1. Assault upon any state or territorial governor a felony. Act 693. Authorized to convey to United States sites for lighthouses. Acts 1950, 2446. Authorized to execute quit-claim deed to successors of James Bowman, Act 13S6. Authorized to reconvey to United States part of agricultural college grant, Act 2846. Authorized with surveyor-general to convey state's Interest In certain lands, Act 3832. Authorized with surveyor-general to sell certain lands to claim- ants. Act 2869. Bank commissioners, to appoint, p. 45, § 1. California polytechnic school, trustees of, governor appoints. Act 504, § 2. 1612 GOVERNOR — GROWING TREES. Charities and correction, appoints members of state board of p. 87, § 1. Charities and correction, ex-ofEcio a member of, p. 87, § 1. Charities and correction, may order investigation by state board of, p. 90, § 5. Conspiracy to commit crime against governor of any state or territory, punishment of, Act 693. Debris commissioner, governor appoints, p. 620, § 1. Dental examiners, to appoint, p. 329, § 2. Funds, transfer of, by, to general fund and return thereof. Act 1278. Power over institutions not affected by act creating state board of charities, p. 90, § 5. Residence for, providing for maintenance of, Act 13S4. Residence fitted up for state printing office and armory, Act 1384. Residence, construction and furnishing of. Act 1385. Rewards, authorized to otfer, Act 1387. Stenographer for, appointment of authorized, Act 1382. GRAND ARMY OF THE REPUBLIC, unlawfully wearing badge of, prevention of. Act 1392. GRAND JURORS, fees of jurors a county charge, p. 321, § 228, subd. 4. Fees and allowances in counties of twenty-first class, p. 243, subd. IS. Fees in counties of twenty-eighth class, p. 259, subd. 16. Fees of in courrties of thirty-fourth class, p. 274, subd. 17. Fees of in counties of forty-ninth class, p. 305, subd. 16. Interpreters before. Act 1679. Superior judge, duty in instructing, p. 115, § 9. GRASS VAUI.EY, incorporation of, Act 1397. School district, board of education of. Act 3541. GREEN, JAMES J., authorized to sue state, Act 3790. GROWING CROPS, fire, starting in hay, grain, stubble or grass. Act 1169. Protection of owners of growing crops from injuries by miners. Act 2217. GROW'ING TREES, cutting and carrying away from swamp and overflowed, or school lands, Act 1404. Destruction of on private grounds in certain counties, pre- vention of, Act 1577. Destruction of on public lands, prevention of. Act 1403. Forest fires on public lands, prevention of destruction by. Act 1168. Highways, protection of growing timber on. Act 1402. Joint investigation with federal government on forest preserva- tion. Act 4367. Protection of on possessory claims. Act 1402. Protection of on private property. Act 1402. Shade trees in cities, planting and care of, Act 2341. Streets, planting and mainiammg along line of. Act 3925. Streets, protection of growing timber on. Act 1402. GUARDIAN AND WARD— HAWKERS. 1613 GUAHDIAN AJiD "4VARD, appointment of guardians, Act 1410. Children in orpban asylums, of, appointment of. Act 2597. Corporations, as. and powers and duties of. Acts 770, 1055. Corporations authorized to act as. Act 1055. Deposit of monej's or assets with corporation and reduction of bonds, Act; 1055. Duties of guardians. Act 1410. GUAYMAS CREEK, navigability of. Act 2069. GUlVPOAVDEIt: See Explosives. HABEAS CORPUS, fees, prepayment of not necessary, p. 320, §221. Fees, no fees to be charged, p. 320, § 227. Writ of, act concerning, Act 1415. HARBOR COMMISSIONERS, dockage, reduction or abolition of rates of. Act 1420. Powers, further, granted to. Act 1423. Railroads authorized to construct over state land. Act 1424. Repairs upon private wharves, authorized to make. Act 1421. Tolls, INFANCY— INSANE ASYLUMS. 1619 Intoxicants, sale of to infants, prevention of. Acts, 1612, 1613, 1614, 1688, 1389. Juvenile offeuders; See Whittier State School. Legitimacy: See Legitimacy. Orphan children, care of. Act 1622. Probationary treatment of delinquent children. Act 1769. Regulation of medical practice to prevent blindness in infants. Act 2160. Saloon, infants prevented from entering, Act 1689. Saloons, infants under sixteen prevented from entering, Act 1616. Society for prevention of cruelty to children, incorporation of. Act 1618. INFECTION: See Public Health. INHERITAIVCE, aliens, right of inheritance of, Act 124. Aliens, time within which estate to be claimed. Act 124. Collateral, tax on. Act 4040. Law governing. Act 927. INJUNCTION, removal from office for want of qualifying, enjoined when, Act 2552. Restraining orders, use of in disputes between master and servant limited. Act 692. Use of in disputes between master and servant limited. Act 692. INNS, hotel or lodging-house keepers not to turn gas off at meters, Act 1343. Number of cubic feet for each person. Act 1966. Refusal of admission to because of race or color, punishment of. Act 605. INQUESTS, coroners' inquests In state prisons, costs of. Act 3859. INSANE ASYLUMS, accommodations for patients, further pro- vision for, Act 1638. Agnews, additional asylum for chronic insane at. Act 1627. Agnews, erection of water towers and tant's on grounds of. Act 1628. Chronic insane, additional asylum for at Agnews, Act 1627. Discharge of patients in asylums. Act 1042. Management ol", regulation of. Act 1641. Mendocino state insane asylum, establishment of at Ukiah, Act 1629. Mendocino state asylum, name changed to Mendocino asylum. Act 1630. Napa state asylum, management of. Act 1631. Napa state asylum, sale of intoxicating liquor within certain distance of, prohibited. Act 1632. Napa state asylum, water supply of. Act 1633. Overcrowding of asylums, prevention of. Act 1639. Sheriff, compensation and allowances of, for conveying patients, p. 318. Southern California Railway Company granted right of way over asylum grounds in San Bernardino County, Act 2923. Southern California state asylum, erection and management of. Act 1634. 1620 INSANE ASYLUMS — INSURANCE. Southern California state asylum managers authorized to sell strip of land, Act 1636. Southern California state asylum, trustees authorized to con- vey certain water rights. Act 1631. State lunacy commission, establishment, powers and duties of, Act 1643. Stockton, directors authorized to construct canal along North Street to San Joaquin River, Act 3904. Stockton insane asylum, water, light and fuel for, Act 1635. Superintendent to attend meetings of superintendents of asy- lums. Act 1641. Support of patients in asylums. Act 1642. Support of patients in asylum who are able to support them- selves. Act 1642. Transfer of unexpended appropriations of, Act 1643. Uniform government and management of, Act 1643. INSAiVE PERSONS: See Insane Asylums. Care, custody, and apprehension of persons believed to be insane. Act 1643. Commitment of insane persons to asylum. Act 1643. Compensation and allowances of sheriff for conveying, p. 318. Feeble-minded children: See Feeble-IMinded Chilaren. Uomestead, alienation of in case of insaniiy of either spouse. Act 1487. Physician to inquire into sanity of convict, costs a state charge. Act 2070. Prisoners, insane, erection of buildings for at. Acts 2769, 2770. Restoration to capacity, effect of order of judge or verdict of jury. Act 1644. Restoration to capacity of persons without guardians and not confined. Act 1644. Sheriff, compensation of for carrying patients to asylum. Act 3627. INSECTICIDE, Paris green, fraud in sale of, prevention of, Act 2614. Paris green, regulation of sale of. Act 2614. INSECTS, spreading of pests, prevention of. Acts 1516, 1649. INSOLVENCY: See Bankruptcy and Insolvency. Insolvency law, Act 1654. INSPECTOR, fruits, inspector to enforce law requiring labels on. Acts 2101, 2102. Sheep: See Sheep. INSTITUTES, farmers, holding by regents of University of Cali- fornia, Act 4253. Mechanics: See Mechanics' Institute. INSURANCE, accident insurance corporations, formation, regula- tion, powers and duties of. Act 1664. Annuity insurance companies, formation, regulation, powers and duties of. Act 1664. Capital stock, increase of by insurance companies. Act 1660. Conditions for doing insurance business. Act 1661. County flre insurance fompanies, organization and manage- ment of. Act 1667. INSURANCE — INTOXICATING LIQUORS. 1621 Endowment insurance companies, formation, regulation, powers and duties of, Act 1664. Equitable life insurance company authorized to invest in California, Act 1670. Fire insurance companies, act relating to, Act 1666. Fire Insurance companies organization and management of. Act 1667. Firemen's relief, healtli, and insurance fund, creation of. Act 1175. Firemen's relief fund, payment by foreign companies to, Acts 1177, 1GG8. Fire patrol, establishment of by underwriters. Act 1188. Health insurance corporations, formation, regulation, powers and duties of. Act 1664. Life insurance corporations, formation, regulations, powers and duties of. Act 1664. Life insurance policies, forfeiture of, Act 1663. Life insurance policies, official valuation of. Act 1662. Mutual insurance companies, formation of. Acts 1659, 1665. Marine insurance corporations, act relating to, Act 1666. Mutual life insurance company of New York authorized to in- vest in CaJifornia, Act 1670. Police relief, health, life insurance and pension fund, creation of, Act 2735. State, non-insurance of property belonging to. Act 1669. INTEREST, purchaser of public land, redemption after forfeiture for non-payment, Act 2872. Rate of, regulation of. Act 1674. Sale of state lands, redemption where foreclosed for non-pay- ment of, Act 3835. Reclamation district No. IDS, Yolo County, warrants and assess- ments to bear interest, Act 2956. State bonds held in trust for University and school funds, pay- ment of interest on, Act 374. Swamp land districts 50 and 54, payment of interest on trustee.s' orders, Act 2951. Swamp laud district No. 70, Sutter County, warrants to beai interest, Act 2953. INTEIIPRETER.S, cities of first class Interpreters, appointment and salary, p. 760, § 246. Grand jurors, interpreters before. Act 1679. Italian interpreter, appointment of in cities of 100,000, Act 1080. INTESTACY, law governing descents and distribution. Act 927. l]VTOXICATI^'reBident or cannot be found, p. 744, § 193. Cities of third class, nuisances in and remedies for, p. 8l4, S 530. 1652 NUISANCE — ODD FELLOWS. Cities of fifth class, what are, in, p. 878, § 770. Cities of fifth class, abatement of, p. 878, § 770. Cities of sixth class, what are in, p. 902, § 868. Cities of sixth class, abatement of in, p. 903, § 868. District attorney to bring suits to abate. Act 942. Establishment of pest-houses within cities prevented. Act 2646. Public, district attorney to bring suits to abate, Act 2508. Public, prevention of. Act 2507. OAKIiAXD, Alameda, Oakland and Piedmont railway company, certain privileges granted to. Act 2511. Assessor of township of, compensation of, Act 2513. Assessor, salary of. Act 2512. Board of education, powers of fixed and limited. Act 2525, Bonds, common council authorized to issue. Act 2517. ♦ Bonds, Issuance and sale of to cancel other bonds. Act 2515. Bonds, issuance of to pay floating debt. Act 2516. Bridge across San Antonio estuary authorized. Act 2518. Charter of. Act 2510. Debt, floating, issuance of bonds to pay. Act 2516. Debt, incurring of prevented. Act 2516. Elections in, time for holding, Act 2519. Gas pipes in, laying of. Act 2520. Harbor, construction of facilitated. Act 2521. Incorporation of. Act 2510. Ladies' relief society, common council authorized to pay police court fines to. Act 2514. Lake Merritt, destruction of fish and game in prevented, Act 1317. Oakland benevolent society, common council authorized to pay police court fines to. Act 2514. Ordinance abandoning certain streets ratified, Act 2522. Ordinances ratified in respect to the penalties, Act 2523. Receiving hospital, supervisors to establish in Oakland, Act 103. Road tax in to be paid to city treasury. Act 110. Salt marsh and tide lands granted to. Act 2524. San Antonio estuary, bridge across authorized. Act 2518. Sewers, construction of main sewer authorized, Act 2526. Streets in, opening of, Acts 2527, 2528. Streets, ordinance abandoning certain ratified. Act 2522. Superintendent of schools, salary of. Act 2525. Wards, districting city into. Act 2529. Water pipes in, laying of. Act 2520. Water supply of. Act 2530. Water works, acquiring and maintaining. Act 2531. OAKLAjVD benevolent society, common council author- ized to pay police court fines to. Act 2514. OATHS, oath of office no fee for administering or certifying, p. 321. § 227. Particular officers, power to administer: See Particular Title. OCULISTS: See Optometry. ODD FELLOWS, corporate powers, right to assume, to erect Odd Fellows' hall?. Act 2536. Trustees authorized to lease a lot in San Francisco, Act 2537. OFFICES AND OFFICERS. 1653 OFFICES AND OFFICERS* See Federal Officers. Absence from state, p. 146, § 64. Bonds of: See Bonds. Candidates, certain acts prohibited. Act 2547, Candidates, protection of, Act 2547. Citizens only to be employed in public service, Acts 126, 12T, 2543. Claim against county, illegal allowance, duty of district attor- ney, p. 115, § 8. Claims against county, liability of officer allowing without authority, p. 115, § 7. Claims against counties, officers charged with notice of extent of, p. 114, § 6. Claims, officer not to present or advocate of another officer, p. 138, § 39. Consolidation of certain officers, p. 143, § 55. Consolidation of cities, effect of on officers, p. 644, § 8. Consolidation of offices, oath and bond on, p. 144, § 55. Consolidation, separatioa and reconsolidation of offices, p. 144, § 55, County officers enumerated, p. 143, § 55. County officers, time of election of, p. 145, § 58. County officers, when take office, p, 145, § 58. Debts against state in excess of appropriation, creation of prohibited. Act 2826. Deputies, number of and appointment of, p. 145, § 59. Deputies, oath of, p, 145, § 59. Deputies, officers when to pay, p. 316, § 215. Deputies, power given principal includes, p. 145, § 60. Educational offices, women eligible to, Act 2542. Eligibility to, p. 143, § 54. Failure of officer to perform duty where fees tendered, liability, p. 320, § 222. Fees of, Act 1119. Fees: See Fees. Fees, commissions and percentages, manner of paying In cities and cities and counties over 100,000, Act 1121. Fees of county, township and other officers, Act 1123. Fees, statement of to precede warrant for salary, p. 320, S 221. Fees, illegal, supervisors to remove officers collecting, p. 320, § 225. Fees, what and when to be paid to county treasury, p. 318, § 21G. Hours of labor: See Hours of Labor. Inmate of institutions not to make articles for officers. Act 2551. Intoxication of officers, Act 2548. Leases and other Lontracts by officers, ratification of. Act 2546. Notices: See Notices. Oath of office, no fee for administering or certifying, p. 321, § 227. Oaths, what officers may administer, p. 145, § 63. Office hours, p. 145, § 61. Offices of county to be at county seat, p. 145, S 61. Office, term of, p. 115, § 58. 1654 OFFICES AND OFFICERS. Payment into state treasury of moneys received by state In- stitutions, commissions and officers. Act 1279. Preference to ex-union soldiers, sailors and marines, Acts 2^93,. 3695. Qualifying, removal for want of, unlawful when, Act 2552. Qualifying, removal for want of, enjoined when, Act 2552. Ratification of leases made by officers for terminal facilities. Act 1890. Removal of, for violation of official duty. Act 2545. Reorganization of city, effect on officers and duties of, p. 640, § 4 ; p. 642, § 6. Retaining part of wages of laborers on public works a felony. Act 2549. Retaining portion of salary of subordinate officers a felony. Act 2549. Salaries, Act 1119. Salaries and fees provided are in full compensation for all ser- vices, p. 316, § 215. Salaries, change in. effect en incumbents, p. 323, § 233. Salaries, effect of division of county on, p. 322, § 231. Salaries, when and how paid, p. 168, § 156 ; p. 319, § 220. Salaries of officers of particular counties: See Particular Title. Salary fund, deficiency of, transfer of funds to, p. 319, S 219. Salary fund, payment of fees into, p. 319, § 219. Successor, services performed by, liability for, p. 321, § 226. Signatures of ex-officio officers. Act 2550. Township officers, p. 144, § 56. Township officers, when take office, p. 145. § 58. Township officers, time of election of, p. 145, § 58. Treasury, county officers charged with notice of condition o^ p. 114, § 6. "Vacancies, supervisors' may fill what, p. 129, subd. 19. Women, eligibility of, p. 143, § 54 ; Act 3576. CIllES OF PAETICULAB CLASSES. First class, annual reports, what officers to make, p. 654, § 29. First class, bonds of officers, p. 648, § 24. First class, books of officers of, inspection of and copies from, p. 697, § 95. First class, compensation not to be increased or reduced during term, p. 649, § 26. First class, demands of when not to be audited, p. 695, § 91. First class, differences as to duties referred to city attorney, p. 654, § 28. First class, duties relative to contracts, p. 747, § 204. First class, duties under one twelfth act, pp. 702-703, 5§ 102- 105. First class, effect of organizing under Municipal Corporation bill on, p. 770, § 286. First class, fees, compensation, expenses and allowances, p. 64S, § 23. First class, limitation on power to contract debt, p. 658, 5 53. First class, officers, names, number and terms of office, p. 647, § 20. OFFICES AND OFFICERS. 1655 First class, not to be interested in contracts, p. 653, § 27. First class, oaths, what officers may administer in, p. 697, § 95. First class, officers of enumerated, p. 647, § 20. First class, office hours, p. 647, § 21. First class, penalty for allowing illegal demands, p, 697, § 95. First class, receipts, duty to give, p. 699, § 98. First class, secretly examining bids in advance, punishment, p. 653, § 27. First class, vacancies, p. 647, § 22. Second class, fees to be paid into treasury, p. 772, § 303. Second class, oaths of office, p. 773, § 306. Second class, officers of, p. 771, § 301. Second class, officers not to be sureties, p. 772, § 304. Second class, reports of, p. 794, § 379. Second class, supervisors, power to appoint, p. 794, § 380. Second class, vacancies, p. 772, § 305. Third class, contracts, not to be interested in, p. 827, § 591. Third class, duties and compensation, prescribing and fixing, p. 821, § .553. Third class, eligibility of officers, p. SOS, § 508. Third class, officers of, p. 805, § 501. Third class, officers collecting moneys, settlements, p. 827, § 590. Third class, supervisors appoint what, p. 806, § 503. Third class, vacancies, filling of and term of appointee, p. 807, § 505. Fourth class, compensation, additional not allowable, p. 831, § 610, Fourth class, officers of, duties and compensation of, p. 828, § 601. Fourth class, officers of enumerated, p. 828, § 601. Fourth class, qualification of officers, p. 830, § 605. Fourth class, vacancies in office and filling of, pp. 830, 831, §§ 605, 606. Fifth class, bonds of, p. 868, § 753. Fifth class, compensation of officers, p. 868, § 755. Fifth class, contracts, officers not to be interested in, p. 893, § 811. Fifth class, eligibility to office, p. 869, § 757. Fifth class, oaths of officers of, p. 868, § 753. Fifth class, officers collecting moneys, settlements, p. 893, § SIO. Fifth class, officers of, p. 867, § 751. Fifth class, supervisors fix duties and compensation of certain officers, p. 887, § 791. Fifth class, vacancies in office, filling of and term of appointee, p. 868, § 754. Sixth class, collecting moneys, settlement, p. 912, § 885. Sixth class, compen.'sation of officers, p. 896, § 855. Sixth class, contracts, officers not to be interested in, p. 912, S 886. Sixth class, duties and compensation of officers, fixing by su- pervisors, p. 911, f 881. Sixth class, election of enabled where city without officers. Act 2350. Sixth cla.ss, eligibility to office, p. 8'j7, $ 857. 1656 OFFICES AND OFFICERS— ORDINANCES Sixth class, supervisors may appoint what oflBcers, p. 895, § 852. Sixth class, vacancies, filling and term of appointee, p. 896, § 854. OIL, injury to petroleum bearing strata, prevention of from water. Act 2556. Oil strata defined, Act 2556, § 3. Owner, defined. Act 2556, § 3. Wells, abandoned, to be filled with earth. Act 2556. "Wells drilled in oil bearing strata to be cased, Act 2556. 0LE03IARGARINE, sale of as butter prevented. Acts 2561, 2562. OL.ETA, name of Fiddletown changed to Oleta, Act 1163. OLIVE OIL, regulation of sale "of, Acts 41, 2567. Sale of imitation olive oil regulated. Act 2568. ONE TAVELFTH ACT, in cities of first class, pp. 700-703, §| 102- 105. OPTOaiETRY, board of examiners. Act 2573. Regulation of practice of. Act 2573. ORANGE COUNTY, boundaries of. Act 2578. Classification of, Act 2578. County seat, determination of. Act 2578. Creation of. Act 2578. Organization and selection of oflicers. Act 2578. ORDINANCES, election on question of, p. 117, § 13. Entry of, p. 134, § 26. Form of, p. 134, § 26. Mayor, ordinances to be presented to. Act 2583. Mayor, veto by, passage of ordinance over. Act 2583. Ordinances permitting cars to be propelled by electricity rati- fied. Act 2928. Passage of, p. 134, § 26. Publication or posting of, p. 134, § 26. Reorganization of city, effect of on, p. 642, § 5. Signing and attesting, p. 134, § 26. Submission of ordinance to vote of people on petition, p. 117, § 13. CITIES OF PABTICULAE CLASSES. First class, amendment of, pp. 659, 660, 661, §§ 56-58, 61. First class, appropriation bills, p. 661, § 61. First class, approval, veto and passage over veto, p. 661, § 61. First class, correction of, p. 661, § 60. First class, enacting clause, p. 662, § 63. First clas.3, introduction and passage, p. 659, § 56. First class, majority necessary to passage of, p. 658, § 50. First class, publication of, p. 661, § 61. First class, re-enactment and reconsideration, p. 660, §§ 58, 59. First class, reports of committees, adoption of, p. 660, § 57. First class, signing bills, p. 660, § 60. First class, subject and title, p. 659, § 56. First class, violation of and punishment of, p. 878, § 769. Second class, ordinances in. p. 779, § 324. Third class, enacting clause, p. 812, § 525. ORDINANCES— PARKS. 165T Third class, signing, attestation and publication, p. 812, § 525. Third class, violation of, effect of and punishment, p. 814, § 529. Fourth class, approval or disapproval by mayor and passage over veto, p. S52, § 670. Fourth class, as evidence, p. 842, § 632. Fourth class, enacting clause, p. 842, § 631. Fourth class, passage and publication of, p. 842, §§ 631, 632 ; p. 843, §§ 633-635. Fifth class, enacting clause, p. 875, § 765. Fifth class, judicial notice of, p. 875, § 765. Fifth class, ordinances, limitation on passage of, p. 871, § 763. Fifth class, record of as evidence, p. 884, § 788, Fifth class, signing, attesting and publishing, p. 875, § 765. Sixth class, enacting clause of, p. 901, § 863. Sixth class, passage of, rules governing, p. 898, § 861. Sixth class, record of as evidence, p. 908, § 87S. Sixth class, signing, attesting and publishing, p. 901, § 863. Sixth class, violation of and punishment of, p. 902, § 867. OROVILiLiID, hogs running at large in, prevention of, Act 1065. Water for fire purposes. Act 2588. ORPHAN ASYLUM, abandonment of children, Act 2594. Adoption of children, managers authorized to consent to. Act 2596. Appropriation for relief of. Act 2593. Appropriation for orphan, half orphan and abandoned children. Acts 54, 2595. Authorized to bind children as apprentices, clerks and servants. Act 214. Boards to Investigate organizations receiving dependent or de- linquent children, Act 1769. Guardians of children in, appointment of. Act 2597, Managers of orphan asylums may consent to adoption. Act 27. Notice of children admitted. Act 1622. Quarterly publication of children admitted. Act 2598. ORPHANS, care of orphan children. Act 1622. See Orphan Asylums. OSTEOPATHY, licensing, Act 2602. Regulation of practice of. Act 2602. Stale board Oi osteopathic examiners. Act 2602. OVERSiCKIlS, water, in particular county: See Particular Title. OYSTKUS, oyster-beds, Act 2608. Planting and cultivation of. encouragement of, Act 2009. Statute relating to, Act 2607. PAPlilR, creation of paper to circulate as money, forbidden. Act 2284. PARDON: See Parole Commissioners. PAREiVT AND CTXILD, adoption: See Adoption. PARIS GRIOKN, fraud in sale of, prevention of. Act 2614. Regulation of sale of, Act 2614. PARKS: See Public Parks, Gen. Laws— 70 165S PAROLE COMMISSIONERS — PENSION'S. PAROLE C03I3IISSIOIVERS, creation of board for parole and govermuent of prisoners. Acts 261a, 3866. Government of paroled prisoners, Act 2619. Parole of prisoners, Act 2619. PARTIES, costs in actions where state a party, Act 3781. PARTITIOIV FEA'CES: See Fences. In particular counties: See Particular Title. PARTNERSHIP, mining partnership, act relating to. Act 2219. Special, formation of, Act 2624. PAUPERS, alms-houses and poor-houses, duties and powers of supervisors, pp. 122, 123, subds. 5, 6. Appropriation for support of aged persons maintained in in- stitutions. Acts 5i, 2630. Bringing mto state a misdemeanor, p. 980, § 3. Counties, duty to support, p. 980, § 1. Fund of, refL'nding, p. 983, § 8. Indigent sick, provision for. Act 2629. In particular counties: See Particular Title. Inquiry into ability of inmate or relatives to bear expenses, p. 981, § 5. Property subsequently acquired chargeable with support, p. 982, § 6. Property subsequently acquired, duty of district attorney, p. 982, § 6. Residence, defined, p. 980, § 2. Residents of other counties, p. 981, § 4. Support, duty of kindred, p. 982, § 6. Support of, a county charge, p. 221, § 228, subd. 7. PAWNKROKERS, duties and liabilities of. Act 2636. PAYMENT, legal tender notes receivable in payment of taxes and debts, Act 1895. Money of account. Act 2282. Payment of judgments against counties, cities, and cities and counties. Act 1746. Payment of judgments against cities and counties of certain sizes. Act 1747. PEACE OFFICERS: See Police Department. PEDDLERS, itinerant vendors of drugs, license upon. Act 1941. PENSIONS, county clerk to take affidavits of claimants without fee. Acts 829, 2641. Firemen, supervisors authorized to provide pensions for aged, infirm or disabled. Act 1178. Fire department, provisions for members in cities of first class, p. 729, §§ 152, 153. Firemen's pension fund, creation of. Act 1175. No fees in matters concerning. Act 1122 ; p. 321, § 227. Police relief, health, life insurance and pension fund, creation of. Act 2735. Teachers' annuity and retirement fund, Act 3570. Teachers' annuity and retirement fund, withdrawal of contrib- utor. Act 3571. PERRY. SALLY C. — PLACER COUNTY. 1659- PERRY, SALLY C, claim ^i state to certain tract quit-claimed to, Act 40S0. PEST-HOUSES, establishment of pest-houses within cities pre- vented, Act 2646. PESTS, spreading of, prevention of, Acts 1516, 1649. PETALUMA, board of education of, powers and duties of. Act 2G53. English Street, widening of. Act 2655. Reincorporation of, Acts 2651, 2652. Sewerage for, system of. Act 2654. Trustees authorized to erect drawbridge across Petaluma Creek, Act 2660. PETALUMA CREKK, drawbridge across, trustees of Petaluma authorized to erect, Act 2660. Navigation of, improvement of. Act 2661. PETALUMA RIVER, navigability of. Act 4358. PETROLEUM: See Oil. PHAR3IACY, board of pharmacy. Act 2667. Licenses from itinerant vendors of drugs paid to state board of, Act 1941. Licenses received from vendors of drugs, report of. Act 1941, Paris green, fraud in sale, prevention of. Act 2614. Paris green, regulation of sale of. Act 2614. Poisons, regulation of sale of. Acts 2666, 2667. Poisons, schedules of, p. 991, § 13. Practice of, regulation of. Acts 2666, 2667. PHOTOGRAPHS, sheriffs and chiefs of police to be furnished jxt • descriptions and photographs of prisoners about to be discharged, Acts 738, 2767. PHYSICIANS: See Medicine; Optometry; Osteopathy; Veterin- ary Surgery. Dentistry: See Dentistry. Regulation of medical practice to prevent blindness in infants^ Acts 2160. Surrender of dead bodies for dissection. Act 937. To inquire Into sanity of convict, costs a state charge, Act 2070. PIECE CLUBS, prevention of, Act 1018. PIGEONS: See Homing Pigeons. PILOTS, appointment of at Wilmington, Act 2672. San Pedro, appointment of, at. Act 2672. PITT RIVER, removal of obstructions in. Acts 2677, 2678. PLACER COUNTY, animals of another, wounding in, punishment of, Act 1593. Animals, trespassing of in certain townships in. Act 2683. Bounties for destruction of wild animals In, Act 189. District attorney, fees of in, Act 945. Fences in, Acts 1134, 1135, 1137. Fences in, tearing down of, prevention of. Act 1593. Firemen, exemption of from poll tax. Act 40G3. Fires, leaving of, punitibment of. Act 1593. 1660 PLACER COUNTY — POISONS. Highways, location, obstruction and maintenance of, Acts 2684- 2686. Hunting on inclosed lands in, prevention of. Act 1593. Inclosures, passing througii and leaving open, Act 1593. Levee district in. Act 1915. Notaries, additional, for, Act 26S7. Recorder, fees of. Act 2689. Recorder, salary of, Acts 2688, 2689. Records of, legalizing. Act 2690. Roads in, Acts 26S5, 2686. Sheriff and tax collector, offices consolidated. Act 2691. Sheriff ex-officio tax collector. Act 2691. Stallions prevented from running at large in. Act 1063. Supervisors, organization of board, Act 2693. Supervisors, regulation of powers of, Act 2692. PLACERVII>L,E, raceway through, time for construction of ex- tended, Act 2699. Reincorporation of, Act 2698. Sidewallcs of, improvement of, Act 2700. Streets in, improvement of. Act 2700. Trusts in favor of intiabitants through congressional grants, execution of. Acts 2701-2703. PLAINS, judges of the, Act 1741, PL.AIVK ROAD CORPORATION, formation of, Acts 765, 4202. PLANS, public buildings, unfinished, change of plans, Act 2899. PLEDGES: See Pawnbrokers. PLXJiilAS COUNTY, animals of another, wounding in, punishment of. Act 1593. Butte and Plumas counties, boundary line between, Act 807. District attorney, salary of, Act 2708. Fences in, tearing down of, prevention of. Act 1593. Fires, leaving of, punishment of. Act 1593. Highways of. Act 2709. Hunting on inclosed lands In, prevention of. Act 1593. Inclosures, passing through and leaving open, Act 1593. Notary, additional, to reside at Mohawk Valley, Act 2710. Officers of, salaries of, Act 2711. Plumas and Lassen counties, boundaries between. Act 809. Protection of fish in. Acts 1331, 1332. Roads in, keeping in repair. Act 2712. Shasta and Plumas counties, boundary line between. Act 814. Stallions prevented from running at large in. Act 1063. Tax collector of, fees of. Act 2713. PLUMBING, plumbing and drainage of buildings, regulation of by boards of health. Acts 283S, 2S39. Registration of plumbers. Acts 2838, 2839. PLYMOUTH, hogs and goats prevented from running at large. Act 2718. POISONS, administering to animals. Act 192. Paris green, fraud in sale of, prevention of, Act 2614. Paris green, regulation of sale of, Act 2614. POISONS — POLICE COURTS 1661 Regulation of sale of, Acts 2667, 2723. Sale of: See Pharmacy. Schedules of, p. 991, § 13. POLICE: See Police Department. POLICE COURTS, creation of in cities of certain sizes. Acts 2739, 2740. In cities of -first class organised under municipal corpora- tion bill. Abolition of courts and transfer of records, p. 759, § 245. Assistant district attorney, duty to take dying statements, p. 759, § 242. Attorney, qualifications of, p. 759, § 243. Bail, pp. 757, 758, §§ 238, 240. Bailiffs for, p. 759, § 244. Bank, sitting in, p. 755, § 230. Bond, pp. 757, 758, §§ 238, 240. Classification of judges for assignment to departments, p. 755, § 229. Commitments, p. 756, §§ 233-235. Contempt, punishment of, p. 757, § 237. County clerk, duties and powers of, pp. 757, 758, §§ 238, 240. County clerk, record of, p. 757, § 238. Departments, number of, p. 755, § 229. Division of business, p. 755, § 229. Examinations, p. 756, § 233. Hearing, p. 756, § 233. Jurisdiction, pp. 755, 756, §§ 231, 232. Justice, presiding over, p. 758, § 241. Justice, when to act as police judge, p. 758, 5 241, Number of judges, p. 755, § 229. Office hours, p. 758. § 239. Powers of, p. 756, § 233. Powers of, how exercised, p. 755, § 230. Procedure, p. 756, § 233. Prosecuting attorney, salary of, p. 653, subd. 16. Record, not a court of, p. 755, § 229. Seal, p. 755, § 220. Sentence to bard labor, p. 757, § 236. Sitting.s, p. 755, § 229. Cities of first and one half class. Appeals, p. 1000, § 11. Clerk, appointment, bond, duties, salary, etc., of, p. 998, 9 8. Disqualification of justice and proceedings on, p. 998, S 4. Dockets, p. 999, § 9. Fines and collections, payment Into treasury, p. 999, { & Judicial power vested in, p. 997, § 1. Jurisdiction of, p. 907, §§ 2, 3. Justices, duty to hold, p. 997, § 1. Open, always, except on non-judicial days, p. 1000, § 10. Power of justice sitting as police judge, p. 998, § 5. Prisoners, place of imprisonment or of labor, p. 1000, § 12. 1662 POLICE COURTS. Prosecuting attorney, appointment, term of oflBce, duties, sal- ary, etc.. Act 2743; p. 999, § 7. Report of justices sitting as Judge, p. 1000, § 14. Rooms and supplies, p. 399, § 9. Seal, p. 1000, § 13. Sessions, number of, p. 997, § 1. Transcripts, certified, as evidence, p. 1000, § 15. Warrants and process, effect of, p. 1000, § 15. Cities of second class generally. Appeals, p. 1003, § 11. Clerk, appointment and term of office, p. 1001, S 6. Clerk, bond, salaries and duties of, p. 1002, § 6. Dockets, p. 1003, § 8. Imprisonment, place of, p. 1003, § 12. Judicial power of city vested in, p. 1091, § 1. Jurisdiction of, p. 1001, §§ 2, 3, 5. Justices, disqualification and proceedings on, p. 1001, S 4. Justices to sit as police judge, p. 1001, § 2. Justices, power of, p. 1001, § Z. Labor of prisoners, where performed, p. 1003, § 13. Open on what days, p. 1003, § 10. Prosecuting attorney, appointment, term of office, salary and duties, p. 1003, § 7. Reports, monthly, of cases to city council, p. 1003, § 14. Rooms and supplies, p. 1003, § 9. Transcripts of dockets or files certified, as evidence, p, 1003, § 15. Warrants and process, validity and effect of, p. 1003, S 15. In cities of the second class organized under viujiicipal cor- poration bill. Appeals, p. 797, § 399. Clerk of court, p. 795, § 395. Clerk of, salary of, p. 773, § 307. Disposition of fines and mcnoys collected, p, 796, J 398. Dockets, p. 796, § 397. Imprisonment, place of, p. 797. § 400. Judicial power of city vested in, p. 794. § 390. Jurisdiction, p. 794, §§ 391, 392. Justice, disqualification to sit as, p. 795, § 393. Justice to sit as, p. 794, § 390. Open, when, p. 796, § 398. Powers of, p. 795, § 394. Report, monthly, p. 797, § 402. Rooms, p. 796, § 397. Seal, p. 797, § 401. Transcripts, certified, as evidence, p. 797, § 403. Warrants and process, force and validity of, p. 797, § 403. Cities of third class organized under municipal corporatiov bill. Appeals, p. 821, § 560. Clerk, appointment, duties and compensation, p- S22, § 563. POLICE COURTS — POLICE DEPARTMENT. 1663 Judge, disqualification of and proceedings in case of, p. 822, § 567. Judges, election and term of office, pp. 806, 807, §§ 502, 506. Judge, powers and duties of, p. 822, § 561. Judicial power of vested in, p. 821, § 560. Jurisdiction, p. S21, § 560. Practice, p. 821, § 560. Record, is court of, p. 821, § 560. Seal of, p. 822, § 563. Cities of fourth class organised under municipal corporation bill. Appeals, p. 858, § 694. Dockets, p. 858, § 693. Establishment of. p. 856, § 690. Interest of inhabitant is not disqualiflcation, p. 861, § 701. Judge, bond of, p. 830, § 607. Judge, election and term of office, p. 828, § 602. Judge, salary of, p. S60, § 699. Jurisdiction, p. 856, § 690. Jury trial, p. 857, § 692. Justice of the peace may act as judge, p. 861, § 700. Open, when, p. 856, § 680. Powers of judge, p. 857, § 692. Prosecution of proceedings before, p. 858, § 695. Report of judge, p. 859, § 698. Seal, p. 859, § 697. Incarceration and labor, p. 858, § 696. POLICE DEPARTfllKNT, appointment of police to serve upon cars or ooats. Act 2734. Captain of, compensation cf in certain cities, Act 2731. Chief of, compcn.sation of in certain cities, Act 2731. Forfeiture under law relating to explosives, may sue for, p. 404, § 10. Hours of labor of members of police department in cities and counties. Acts 2728, 2729. Increase of force in various cities and cities and counties, Act 2730. Officers, compensation of in certain cities. Act 2731. Photographs and descriptions of discharged convicts, giving to sheriffs and chiefs of police, Act 2767. Police relief, health, life insurance and pension fund, creation of, Act 2735. Salaries of chief, captain and officers of certain cities. Act 2731. Sheriffs and chiefs of police to be furnished descriptions and photographs of prisoners. Act 738. Tax collector, performance of duties of by chief of police. Act 4043, § 8. "Vacation, commissioners to grant yearly, Act 2733. CITIES OF PAIITICVLAR CLASSES. Cities of first class, appointment of officers, Act 2732. Cities of first class authorized to pay rent of stations and sal- aries out of general fund. Act 3209. 1664 POLICE DEPARTMENT — PRESIDENT. Cities of first class, hours of service of members, Acts 2728, 2729. Cities of first class, fire alarm and police telegraph, provisions relating to, pp. 732, 733, §§ 162-164. Cities of first class, police department in, provisions relating to, pp. 713-723, §§ 140, 141. Cities of first class, salaries of ofiicers in. Act 2732. Cities of first and one half class, hours of labor of police in. Act 2729. Cities of second class, captain of police, salary of, p. 773, § 307. Cities of second class, duty of chief of police, p. 792, § 372. Cities of second class, hours of labor. Act 2729. Cities of second class, number of policemen, p. 790, § 358, Cities of second class, police detective, salary of, p. 773, § 307. Cities of second class, policemen, removal of, p. 790, § 358. Cities of second class, policemen, salary of, p. 773, § 307. Cities of fourth class, chief of police, deputies of, p. 852, § 672. Cities of fourth class, chief of police, election and term of office, p. 828, § 602. Cities of fourth class, chief of police, powers and duties of, p. 860, § 699. Cities of fourth class, chief of police, salary of, p. 853, § 673 ; p. 860, § 699. Cities of fourth class, police commission in, p. 855, § 680. Cities of fourth class, police force in, p. 855, §§ 679, 680. Cities of fourth class, policemen, powers and duties, p. 860, § 699. Cities of fourth class, policemen, salaries of, p. 860, § 699. Cities of fourth class, police trial commission in, p. 855, § 681. Cities of fifth class, police department in, p. 886, § 790. Cities of sixth class, marshal has control of police, p. 910, § 880. rOLICE JUDGES, cities of first class, salary of, p. 653, subd. 15. POLYTECHIVIC SCHOOL,: See California Polytechnic School. POOR HOUSES: See Paupers. POOR l-AWS: See Paupers. POPULATION. Counties, of, pp. 114-116, § 10. POSSE C03IITATUS, supervisors authorized to pay expenses of. Act 3959. POSSESSORY ACTIONS, mode of maintaining and defending. Acts 2847, 2848. POSSESSORY CLAIMS, protection of growing timber on. Act 1402. POULTRY. Poultry experiment station, statute relating to. Act 2748. PRACTICE: See Commissioners in Equity. Practice in supreme court, regulating, Act 842. PRE-EJIPTIOiV: See Public Lands. PREFERENCES. Laborers are preferred creditors. Act 1823. PREMIUM, official bond, payment of, on, Acts 329, 2544. PRESIDENT, assault upon, punishment of, Act 693. Conspiracy to commit any crime against, punishment of. Act 698. PRESTON SCHOOL OF INDUSTRY — PROCESS. 1665 PRESTOX SCHOOL, OF INDUSTRY, additional land for, purchase of, Act 2754. Commitments to, Acts 2756, 4410. Commitments to, authority given to superior judges. Act 2756. Establishment of, Act 2753. Evil disposed persons prevented from coming on grounds of. Act 2755. Maintenance of, Act 2753. Maintenance of inmates, liability for. Acts 2756, 4410. Management of. Act 2753. PRIMARY ELECTIONS, acts concerning. Acts 1012. 1013. PRINCIPAL AND AGENT: See Agency. PRINTER OF STATE: See State Printer. PRINTING, city, letting out on bids in cities of first class, p. 703, § 106. PRISONERS: See Parole Commissioners; Preston School of In- dustry ; Whittier State School ; State Prisons. Allowance to sheriff for boarding, pp. 317, 318. Arrest, trial, recommitment and punishment of convicts who have escaped, Act 1041. Costs and expenses of trial of convicts for crimes in prison. Acts 736, 783, 3859. Costs of trial of escaped convicts, Acts 736, 783, 3859. Cutting of hair of persons convicted of misdemeanor. Act 2834. Federal prisoners, confinement of. Act 2768. Importation of convicts into state, prevention of, Act 737. Matron, duties and powers of. Act 2775. Matron, compensation of. Act 2775, § 3. Sherifis and chiefs of police to be furnished descriptions and photographs of prisoners. Acts 738, 2767. Sheriff, compensation and allowances for conveying to state pris- ons, p. 318. Support of prisoners a county charge, p. 321, § 228, subd. 3. PRISONS: See Jails; State Prison. Alterations in, power to make, Aot 3284. House of correction, commitments to. Act 1540. House of correction of San Francisco: See San Francisco. Matron, creation of office of in certain cities. Act 2775. Matron not to be hindered in dischaige of duty, Act 2775, S *• Matron, searching of female prisoners, Act 2775, § 4. PRIZE FLIGHTING prohibited. Act 2780. PROBATE COtllTS: See Public Administrators. Powers of conferred on superior courts. Act 846. Ratification of void probate sales, Act 2785. PROBATION. Probation ofiicers, appointment, powers and duties of, Act 17C9. Probationary treatment of juvenile delinquents. Act 1768. PROCEDURE: See Commissioners in Equity. Practice in supreme court, regulating. Act 842. PROCESS: See Summons. Klisor, service of process by, p. 154, § 105. Elisor, when to serve process, p. 154, § 105. 1666 PROCESS— PROTECTION DISTRICTS. Execution of in new counties. Act 2790. Foreign corporations, to designate person upon whom process .served, Acts 774, 775. Includes what, p. 151, § 88. Mileage for service of papers or process issued outside of county, p. 318. Service where sheriff a party, p. 154, § 104. Sheriff, duties and liabilities regarding, p. 151 et seq, § 89 et seq. Validation of writs, process and certificates issued before courts have seals. Act 2791. PROMISSORY XOTES, relating to bills of exchange and promissory notes. Act 344. PROSECUTING ATTORNEY. Police courts, of: See Police Courts. PROSTITUTION: See House of Prostitution. Chinese or Japanese women, importation of, for, prevented. Act 2797. Compulsory, of women, prevention of. Act 2797. Placing of married women in houses of, prevention of. Act 2796. Suppression of Chinese houses of. Act 593. PROTECTION DISTRICTS, act to be liberally construed, p. 1024, § 29. Assessments, p. 1016, § 10. Assessments and taxes, powers of supervisors, p. 1019, § 17. Assessments, conflicting claims or unknown owners, proceedings in case of, p. 1017, § 13. Assessments, delinquent, collection of, p. 1021, § 20. Assessments, delinquent, penalty, p. 1021, § 20. Assessments, duty of tax collector, p. 1020, § 19. Assessments, error in name does not invalidate, p. 1017, § 13. Assessments, limit of liability of county, p. 1016, § 10. Assessments, notice of time when due and when delinquent, p. 1020, § 19. Charges and expenses, how paid, p. 1016, § 9. Commissioners to assess damages, appointment and compensa- tion, p. 1015, § 7. Commissioners to assess damages, duties of, p. 1016, § 10. Commissioners to assess damages, majority binds, p. 1015, § 8. Commissioners to assess damages, powers of, p. 1015, § 8. Commissioners to assess damages, oaili and bond, p. 1015. § 7. Commissicuers to assess damages, removal, p. 1015, § 7. Commissioners, compensation of, p. lOlS, § 14. Commissioners, discharge of, p. 1019, § 16. Commissioners, report of, p. 1017, §§ 11, 12. Commissioners, report and plat, filing of, p. 1018, § 15. Commissioners, report, notice of filing, p. 1018, § 15. Commissioners, report, objections to hearing and determination, pp. 1018, 1019, §§ 15, 16. Condemnation proceedings against non-accepting owners, p. 1022, § 24. Condemnation proceedings, validity of and informalities in, p. 1022. § 24. Construction of work, manner of proceeding, p. 1022, § 26. PROTECTION DISTRICTS— PUBLIC DEBT. 1G67 County boundary, costs, payment of wliere stream forms, p. 1013, § 5. County boundary, proceedings when water-course forms, p. 1013, § 5. Damages, award of, notice to unknown owners, bow given, p. 1021, § 22. Damages, award, refusal to accept and proceedings against own- ers, p. 1022, § 24. Damages, notice of award of, p. 1021, § 22. Dissolution of for non-user. Acts 2S03, 4026. Eminent domain, exercising power of, p. 1013, § 5. Formation of, procedure, p. 1012, § 1. Funding indebtedness of, Act 1921. Cifts or purchasea to, power of supervisors to receive or make, p. 1013, § 4. Money, advancing, out of general fund, p. 1023, § 28. Names of, p. 1013, § 4. Notice, proof of service, p. 1022, § 23. Objections to formation and bearing of, pp. 1012, 1013, §§ 3, 4. Protection district fund, payments to be made from, p. 1020, § 18. Protection district fund, what constitutes, p. lOzo, § 18. Publication of notice of intention to form, p. 1012, § 2. Protection of lands not recognized as swamp lands from over- flow, Act 2S02. Right of way, procedure, when defective, p. 1022, § 25. "Straightening" includes what, p. 1023, § 27. Surplus money, refunding of, p. 1021, S 21. Survey and map, p. 1016, § 6. PROTECTIVE ASSOCIATIONS: See Boards of Trade; Cham- bers of Commerce ; Mechanics' Institute. Acknowledgments by, validated. Act 19. Formation of. Act 5Gb. PUBLIC ADMIKISTKATOK, bond of, p. 146, § 66. Coroner, when to act as, Act 2S10. Cities of first class, duties of, p. 710, § 134. Cities of lirst class, provisions when only apply, p. 770, S 287. Duties of, p. 167, § 152. Fees of, p. 415. Particular couuty, in: See Particular Title. Salaries of in various counties: bee Counties. Validation of sales by public administrators before obtaining letters. Act 2809. PUBLIC BUiJjDIJVOiS: See Co juties ; Municipal Corporations; . ,i Public Works. Contract for, change of, p. 138, § 38. Erection of, regulation of. Act 2815. Lighting streets and public buildings, letting of contracts for, Act 2340. Plans and specifications, change of, p. 138. § 37 ; Act 2818. State, contracts in behalf on in relation to. Act 2816. Supervisors, powers and duties of, p. 123, subd. 8. Unhnished, completion of, Acts 2817, 2818. PUBLIC DEBT. Bonds: See Bonds. Cities authorized to incur debt to construct waterworks, sewers, etc.. Act 2301. 1668 PUBLIC DEBT — PUBLIC LANDS. Citiess between twenty-six thousand and thirty thousand author- ized to vote on paying debt of certain years, Act 2S25. Cities of certain class authorized to vote on question of paying. Act 2370. Debts against state in excess of appropriation, creation of pro- hibited. Act 2S26. Loan commissioners, additional powers granted to. Act 2824. Refunding of in cities other than first class, authorized. Acts 2367, 2368. To pay cost of permanent public improvement, incurring of au- thorized. Act 2369. War debt of state, and redemption of. Act 2S23. PUBLIC HEALTH. Attorney for state board of health and board of health of San Francisco, Act 2831. Cities of Jirst class authorized to erect hospital, Act 2342. Cities of first class, boards of health, provisions relating to, pp. 733-745, §§ 165-199. Cities of first class, health or quarantine regulations in, pp. 733- 745, §§ 165-199. Contagious diseases, introduction, investigation and suppression of. Act 2S33. Contagious or infectious disease, prevention of introduction of. Acts 2S35, 2836. Cutting of hair of persons convicted of misdemeanor. Act 2834. Exhumation and removal of dead bodies, regulation of. Acts 440, 2832. Health officer and special health officer, salaries of: See Coun- ties. Health officer, appointment, compensation and duties of, p. 129, subd. 20. Infectious diseases, introduction, investigation and suppression of. Act 2S33. Inspection of dairies and dairy products. Act 877. Maternity and lying-in hospitals, powers of health officers. Act 1523. Pest houses within cities, establishment of prevented. Act 2646. Plumbing and drainage of buildings, regulation of by boards of health, Acts 2838. 2839. Railroad cars, inspection of. Act 2835. Sale of milk from diseased cows, prevention of. Act 877. Sanitary condition of workshops and factories. Acts 1098, 2139, 2841. Sanitary districts: See Sanitary Districts. State board of health authorized to purchase and manufacture diphtheria anti-toxin. Act 2837. Vaccination of children. Act 2840. PUBLIC IMPROVEMENTS: See Public "^'orks. Disposal of surplus funds. Act 2346. Within cities, special tax for. Act 2344. PUBLIC LAKDS. Actions against state to quiet title to certain land authorized. Act 3793. Actual settlers on, protection of. Act 2849. Applications for sale of. Act 2860. Application to purchase, deposit to accompany. Acts 2860, 3827. PUBLIC LANDS. leS^ Application to purchase, deposit, when forfeited and when re- turned, Act 3S27. Applications to purchase legalized, Act 3833. Assent of state to act of congress applying proceeds of public land for college, Acts 634, 37b6. Certificates of purchase, completion of purchase, granting time for. Act 382S. Certificates of purchase, holders forfeit rights, when, Act 3828. Cutting and carrying away timber from. Act 1404. Destruction of timber en, prevention of, Act 1403. Filings, number of permitted. Act 3827, § 2. Forest fires on, prevention of destruction by, Act 1168. Forest reservations, consent of state to, Act 2883. Governor and surveyor-general authorized to convey state's interest in certain lands, Act 3832. Governor authorized to reconvey to United States part of ag- ricultural college grant, Act 2S4G. Governor and surveyor-general authorized to sell certain lands to claimants. Act 28(;9. Homestead claimants, protection of. Act 2S53. Improvements on, removal of. Act 2871. Jurisdiction ceded to United States over lands given to. Act 3830. Jurisdiction over lands acquired for military purposes ceded to United States, Act 3829. Management of, Act 2855. Mineral land belonging to state, sale and location of. Act 2227. Moneys from sale, disposal of. Act 3828. Possessory actions, mode of maintaining and defending, Acts 2847, 2848. Pre-emption claimants, protection of. Act 2853. Presentation and cancellation of unlocated school land war- rants. Act 2868. Protection of growing timber on possessory claims. Act 1402. Quieting title to lands. Act 2849. Kight of way over granted to roads and highways. Act 1451. Sale of. Act 2855. Sale of, application of John D. Justice validated. Act 2870. Sale of, board of examiners to invest moneys in county bonds,. Act 360. Sale of, certain lands reserved from sale. Act S838. Sale of, certificates of purchase or of location evidence of title, Act 2S62. Sale of, examination into the sale and disposal of. Acts 2861, 3836. Sale of, governor and surveyor-general authorized to sell cer- tain lands to claimants. Act 2869. Sale of, lands sold to actual settlers by United States in Colusa County, released to United States, Act 660. Sale of lands uncovered by recession of lalves, Acts 2857, 4031. Sales of, legalizing. Acts 2863, 2864, 2865. Sale of, payment by holders of certificates where subsequent certificates issued. Act 2866. Sale of, redemption by purchasers where title foreclosed for non-payment of interest. Acts 2872, 3835. Sale of, reservation of certain lands. Act 2856. 1670 PUBLIC LANDS — PUBLIC PARKS. Sale of, relief of purchasers of, Acts 2S67, 3834. Sale of salt-marsh lands. Act 2858. Sale of swamp lands and disposition of. Act 2859. Salt-marsh lands, survey and disposition of. Act 2858. School lands, applications for purchase of. Act 2860. School lands, legalizing payments for. Act 2865. School lands, sale of, application for, deposit to accompany, Act 2860. School land v/arrants, unlocated, presentation and cancellation of, Acts 2868, 3826. Settlers, actual, protection of. Act 2849. Settlers on, encouragement of, Act 2852. Settlers on lands within Mexican grant restored to public do- main, rights of. Act 2854. Settlers on ousced under a foreign grant which was rejected, redress of. Act 2850. Settlers on, protection of, Acts 2584, 2850, 2851, 2852, 3831, 3839. Settlers, pre-emption and homestead claimants, protection of. Act 2853. Survey and disposition of salt-marsh lands. Act 2858. Swamp lands, sale of and disposition of funds from. Act 2859. Swamp and overflowed lands: See Swamp and Overflowed Lands. Title to tide lands adjacent to lands held for military purposes ceded to United States, Act 3831. Trusts relating to town lands granted to cities by act of con- gress, execution of. Acts 2335, 2336. PUBLIC LIBRARIES, cities of third class, supervisors appoint trustees, p. 808, § 509. Cities of fourth class, trustees, appointment of, p. 843, § 636. Cities of fifth class, free libraries in, p. 870, § 758. Establishment of free libraries and reading rooms. Acts 1245, 1246, 1247. Gifts and donations to, encouragement and protection of. Acts 4162, 4163. Levy of tax where city organizes under municipal corporation bill, p. 818, § 534. Library associations, act relating to. Act 1244. Normal school at San Jose, trustees authorized to reconvey tract to city for. Act 3558. State library: See State Library. Trusts for benefit of, creation of. Acts 4162, 4163. PUBLIC PARKS, cities, and cities and counties authorized to ac- quire and maintain. Act 2878. Cities authorized to build streets and roads to parks owned outside of city. Act 2881. Cities of first class, provisions relating to parks in, pp. 745-747, §§ 200-202. Commissioners authorized to receive donations and bequests, Act 2SS0. Consent of state to reservation by congress for public park. Act 3785. Forest reservations, consent of state to. Act 2SS3. PUBLIC PARKS— PUBLIC WORKS. 1671 Franchises to construct railroads beyond city limits to, Act 2S30. Jurisdiction of cities over parks outside of city. Act 2882, Maintenance and support of, Act 2S79. Supervisors authorized to levy tax for maintenance of parks. Act 2877. PUBLIC PROPERTY. Protection of growing timber on public grounds. Act 1402. PUBLIC WAYS: See Highways. PUBLIC WORKS, acquisition of, regulation of, Act 2371. Assembly balls, construction of. Act 2372. Assembly halls, indebtedness incurring for. Act 2372. Assembly halls, rules for conduct of, Act 2372, § 9. Building fund, Act 2364. § 4. Buildings, construction of, provisions governing. Act 2364. Buildings, contracts, bids, proposals, payments, etc.. Act 2364. Buildings, contracts on behalf of state in relation to, regula- tion of, Act 2897. Buildings, plans and specifications, Act 2364. Buildings, regulation of erection of. Acts 2896, 2897. Buildings, unfinished, change of plans. Act 2899. Buildings, unfinished, completion of. Act 2898. See Public Buildings. Cities of third class, to be done by contract, p. 819, § 536. Cities of fifth class, to be contracted ior, p. 882, § 777. Cities of sixth class, to be done by contract on bids, p. 906, § 874. Cities over one hundred thousand authorized to condemn land and erect buildings. Act 2364. Commissioner of, auditing board to, creation of, Act 2891. Commissioner of, auditing board to, number of and appointment of, and term of office, Act 2891, § 1. Commissioner of, auditing board to, powers and duties of, Act 2891. Commissioner authorized to obtain way to divert water of Mor- mon Channel into Calaveras River, Act 2892. Commissioner of, bond of. Act 2S90, § 1. Commissioner of, compensation and expenses of, Acts 2890, 2891. § 1. Commissioner of, creation of, Act 2890. Commissioner of, creation, duties, powers and compensation. Acts 2888, 2889. Commissioner of, powers and dities of. Act 2890. Commissioner of, term of office. Act 2890, § 1. Commissioner of. vatancies, tilling and term of appointee, Acts 2890, § 1; 2891, § 1. Construction or complfttion of, regulation of. Act 2371. Debt for improvements, limit on, Act 2371, § 4. Debt for improvements, incurring. Act 2371. Debt Md pay for improvement, incurring of authorized, Act 2369. Hours of labor: See Hours of Labor. Improvem«='nts. Incurring Indebtedness for: See Municipal Cor- porations. Materialmen, mechanics or laborers on, liens of, Act 1950. Minimum compensation for labor on, Act 2894. 1672 PUBLIC WORKS — ^RAILROADS. Payment of materialmen and laborers on public works, securing. Act 2895. Public, within cities, special tax for. Act 2344. Retaining part of wages of laborers on public works a felony. Act 2549. Soldiers, sailors and marines of war of rebellion preferred in public service. Act 2893. Waters, to protect cities from overflow, issuance of bonds. Act 2366. Waters, to protect cities from overflow, manner of construc- tion, Act 2366. PUNISHMEIVT: See Preston School of Industry; Whlttier State School. Parole commissioners, creation of board for parole and govern- ment of prisoners, Act 3866. State prisons: See State Prisons. PURITY OF ELECTIONS, promotion of. Act 1015. PUTAH CREEK. Yolo and Solano canal district, formation of t* protect lands from overflow by Putah Creek, Act 2905. PUTAH SCHOOL DISTRICT, imion with Yolo school district. Act 3538. Q,UICKSILVER, pure, secured to miners, Act 2218. Q,UIETING TITLE. Actions against state to quiet title to cer- tain land authorized, Act 3793. Public lands, quieting title, Act 2849. QUARANTINE against domestic animals from infected districts. Act 2910. Cities of first class, quarantine regulations, pp. 737-740, §§ 173- 180, 182 ; pp 744, 745, §§ 194, 196. Quarantine against diseases or animals injurious to fruit trees, vines, vegetables, etc.. Act 1517. RAILROAD COM3IIS SIGNERS, commissioners of transportation. Acts 676, 2920. Powers of. Act 2921. RAILROADS: See Tramroads. All corporations authorized to do business on equal terms. Act 2917. Appointment of police to serve upon cars or boats, Act 2734. Brakes and fenders, street-cars and dummies to be equipped. Act 2932. Colfax to Nevada City, railroad from, Act 2918. Complete roads, railroads enabled to. Act 2927. Counties authorized to become stockholders in. Act 801. Explosive, transportation of, p. 403, § 9. Fares, rates of on street railroads in cities over one hundred thousand, Act 2929. Franchises for, sale or grantin?r of. Acts 1230-1232. Franchises to construct railroads beyond city limits to public parks. Act 2930. Harbor commissioners authorized to construct over state land. Act 1424, RAILROADS — RECEIVERS. 167S Incorporation of, Acts 2915, 2916. Inspection of railroad cars by board of health. Act 2835. lone to Sutter Creek or Jackson, railroad rrom. Act 2922. Lease of railroad corporations, Act 2917. Leases mado by officers for terminal facilities, ratification ol. Act 1890. Mail carriers permitted to ride free on street-cars, Act 2930. Marysville to Knight's Lauding, railroad from. Act 2919. North Beach and Mission Railroad Company, certain privileges granted to. Acts 3260, 3261. Operation and management of roads above certain elevation. Act 2926. Operation of compelled. Act 2925. Ordinances permitting cars to be propelled by electricity rati- fied. Act 292S. Right of way from Atlantic to Pacific granted to United States, Act 4213. Southern California Railroad Company, granted right of way over asylum grounds in San Bernardino County, Act 2923. Steam railroads authorized to use electricity or steam. Act 2924. Street, franchises for, granting or sale of. Acts 1230-1232. Street, franchises for, limiting time for granting. Act 1233. Street railroads: See Street Railroads. RAMIE CULTURE. Bounty for fiber, Act 2937. Encouragement of. Act 2937. State superintendent of. Act 2937. RATIFICATION, conveyances by city for charitable or educa- tional purpose, ratification of, Act 2382. Of lease of China Basin in San Francisco, Act 1890. Void probate sales, of. Act 2785. RATTLESNAKE SCHOOL DISTRICT and Wild Goose School District, El Dorado County, consolidated. Act 3543. READING. Name of Redding changed to, Act 3000. REAL ESTATE, married woman authorized to convey. Act 2109. RECEIPTS, officers in cities of first class to give for moneys re- ceived, p. 699, § 98. Receipts by officers of cities of first class as evidence, p. 698, § 98. Warehousemen's, Act 4393. Wharfinger's, Act 4393. RECEIVERS. Bonds, deposit of money or assets with corpora- tion and reduction of bonds. Act 1055. Corporations authorized to act as. Act 1055. Corporation as, rights and duties of, Act 1055. Corporations as, and powers and duties of, Act 770. Deposit of moneys or assets with corporation and reduction ot bonds. Act 1055. Unsafe banks, appointment of, p. 50. Unsafe banks, bond of, for, p. 50. Unsafe banks, duties of, p. 50. 1674 RECLAMATION DISTRICTS — RECORDERS. RECLAMATIOIV DISTRICTS, appeals from orders relating to. Acts 2976, 2977. Assessments in, equalization of, Act 2972. Bonds, election for issuance of, pp. 1077-1079, H 1-5. Bonds, fees not to be paid officers for services, p. 1081, § 10. Bonds, issuance of and form of, p. 1078, § 5. Bonds, payment of, p. 1078, § 5 ; p. 1080, § 8. Bonds, proceedings when district in different counties, p. 1080, §9. Bonds, sale of and disposition of proceeds, p. 1079, § 6. Bonds, taxes, p. 1080, § 9. Disbursements, how paid, p. 1080, § 7. Dissolution of for non-user of corporate powers. Acts 2803, 2974, 4026. Drainage: See Drainage. Indebtedness of, funding of. Act 2942. Devee districts: See Levee Districts. Mormon Slough, inhabitants authorized to form reclamation district, Act 2943. No. 2, Suiter County, boundaries and government. Act 2946. No. 54, Sacramento County, ratifying. Act 2952. No. lOS, Yolo County, warrants and assessments to bear inter- est. Act 2956. No. 108, Yolo County, legalized. Act 2955. No. 124, Colusa County, validated. Act 2959. No. 205, Sacramento County, creation and organization of. Act 2961. No. 252, Sacramento County, establishing, Act 2963. No. 254, Sacramento County, creation of. Act 2964. No. 317, Sacramento County, creation of. Act 2966. Protection districts: ' See Protection Districts. Sacramento County, delinquent assessments, collection of. Act 2968. San Joaquin County, in. Act 2969. Solano County, supervisors authorized to approve petitions to form. Act 2971. Subject to provisions of Political Code, Act 2973. Swamp-land districts: See Swamp and Overflowed Lands. Union Island, creation, organization and government. Act 2970. Yolo County, supervisors authorized to approve petitions for. Act 2971. RBCORDEJRS, acknowledgments taken before, validated. Act 16. Acknowledgments taken before deputy recorders validated. Act 17." Acts of legalized. Act 2982. Bond of, p. 146, § 66. Cities of first class, deputies and assistants, and salarla<3 of, p. 651, subd. 7; p. 709, § 133 Cities of first class, duties and powers of, p. 709, § 131. Cities of first class, provisions when only apply, p. 770, § 287, Cities of first class, salary of, p. C51, subd. 7. Cities of fifth class, auditor and recorder, separation of, p. 197, subd. 17. Cities of fifth class, compensation of, p. 868, § 755. Cities of fifth class, election and term of office, p. 867, § 752. RECORDERS— REDWOOD CITY. 1675 Cities of sixth class, appointed by board of trustees, p, 894, § 851. Cities of uixth class, compensation of, p. 896, § 855. Deputies and assistants in various counties: See Counties. District mining records, deposit of with. Act 2216. Duties and liabilities of enumerated, pp. 157-162, §§ 119-131. Fees of, generally, p. 410. Office hours, p. 145, § 61. Particular county: See Particular Title. Salaries of in various counties: See Counties. RECORDER'S COURT. Cities of fifth class established under municipal corpora- tion bill. Appeals, p. 892, § 806. Disqualification of recorder, and proceedings on, p. 892, § 808. Establishment of, p. 892, § 806. Jurisdiction of, p. 892, § 806. Powers of recorder, p. 892, § 807. Practice and procedure, p. 892, § 806. Recorder is judge of, p. 892, §§ 806, 807. Cities of sixth class incorporated under municipal corporation bill. Appeals, p. 911, § 882. Disqualification of recorder and proceedings in case of, p. 912, § 884. Establishment of, p. 911, § 882. Fees of recorder, p. 912, § 883. Jurisdiction of, p. 911, § 882. Power of recorder as judge, p. 912, § 883. Practice and procedure, p. 911, § 882. Recorder is judge of, pp. 911, 912, §§ 882, 883. RECORDS. All books, papers and maps open to inspection vitb- out charge, p. 102, § 131. Courts, records of transferred to courts formed under consti- tution of 1879, Act 2987. Judges not to order production of original papers, p. 707, § 125. Transfer of records from courts existing prior to 1879, Act 844. RED BLUFF. County judge to distribute to inhabitants lots held in trust for. Act 2993. Hogs prevented from running at large in. Acts 2994, 2995. Incorporatioi^ of. Act 2992. REDDUVG, hogs prevented from running at large in. Act 3612. Name of Redding changed to Reading, Act 3000. REDEMPTION. Purchaser of public land, redemption by, after forfeiture. Acts 2872, 3835. Taxation, from: See Taxation. RED MEN, incorporation of. Act 3005. REDWOOD CITV. Clerk of board of trustees, election of, A«ll 3012. Incorporation of. Act 3010. Stambaugh Street, trustees authorized to extend. Act 3011. Superintendent of streets, election of. Act 3012, 1676 REFEREES — RODEOS, R£FE}RE:gS: See Commissioners in Equity. REFORMATORIES: See Preston School of Industry; Whlttier State Scliool. Boards to investigate organizations receiving dependent or de- linquent children, Act 1769. House of correction, commitments to. Act 1540. House of correction in San Francisco: See San Francisco. Industrial School of San Francisco, Act 3237. REGISTRATION, titles, of, Act 4115. RE1.IEK CORPS: See Woman's Relief Corps. RENT. Cities of first class authorized to pay rent out of general fund, Act S209. REPORTER: See Supreme Court Reporter. REPORTS, particular officers, by: See Particular Title. RESCUE, liability of sheriff for, p. 153, §§ 96, 97. RESERVATIONS. Lands within Indian reservations granted to United States, Act 1605. State lands, certain, reserved from sale, Act 3S38. RESOLUTIONS: See Ordinances. Mayor, to be presented to, Act 2583. RESTAURANT, refusal of admission to because of race or color, punishment of. Act 605. RESTRAINING ORDERS, use of, in disputes between master and servant limited. Act 692. REVENUE: See Taxation. Act to provide revenue for support of government. Act 3017. REWARD. Exhumation of body without permit, reward for in- formation, Act 545, § 5. Governor authorized to offer. Act 13S7. RIOTS. Compensation of parties whose property de;gtroyed by mobs or riots. Act 2251. RIO VISTA, Brazos del Rio, name of changed to Rio Vista, Act ., 413. RIO VISTA SCHOOL, DISTRICT, "Woods Island, Sacramento County, annexed to, Solano County, Act 3540 RIVERS: See Vv'aters. RIVERSIDE COUNTV, boundaries of, Act 3022. Classification of, Act 3022. _ County seat, location of, Act 3022. Creation of. Act 3022. Organization of and appointment and election of officers, Act 3022. Rights between, and other counties, adjustment of. Act 3022. ROADS: See Highways. »,^ . Particular counties, roads in: See Particular Title. ''" Regulation of, Acts 3027, 302S. Wagon road corporations: See Wagon Road Corporations, Yosemite Valley, roads in, purchase of. Act 446S. RODEOS: See Animals. ROSTER — SACRAMENTO COUNTY. 1677 ROSTBR, compilation, printing, binding, publishing, and distribu- tion of. Act 349. ROUGH AND READY, name of Rough and Ready changed to Etna, Act 3033. SACRAMENTO CITY, attorney of, election for. Act 3040. Auditor of, salary of, Act 3041. Boards of trustees of, relative to. Acts, 3057, 3058. Boundaries of. Act, 3038. Canals and levees, power to construct conferred upon. Act 3043. Charter of. Act 3039. Dispensary in, establishment and maintenance of. Act 3045, Drainage of, Act 3046. Expert, appointment of. Act 3049. Fire department in, establishment of paid, Act 3047. Firemen's association, exempt, organizing, Act 3048. Folsom, construction of state highway to. Act 1457. Funded indebtedness, redemption of. Act, 3042. Gas pipes in, G. W. Chesley authorized to lay, A.ct 3044. John Hoagland, authorizing suit against, Act 3050. Incorporation of. Act 3039. Roads in. Act 3051. School moneys, payment of into treasury of. Act 3055. State capital, location of at. Act 3804. Streets in. Act 3051. Streets, improvement of, Act 3052. Street tax, legalizing assessment of, Act 3053. Swamp lands, granting of to, Act 3056. Water rates in. Act 3059. SACRAMENTO COUNTY, assessor of, Act 3065. Constable, fees of. Act 3068. District attorney, compensation of. Act 3066. East Park, protection of property of, Act 3067. Fees of constables, Act 3068. F''ees' of justices of the peace. Act 3068. Fees of officers. Act 3069. Fences, division, in, Act 1138. Government of, Act 3064. Growing timber on private grounds, destruction of prevented. Act 1577. Hunting on private iticlosed grounds in, prevention of. Act 1577. Judge, additional, for, Act 3070. Justices of the peace, foes of, Act 3068. Levee commissioners, addi,tional powers conferred on, Act 3071. Levee district No. 1, in. Act 1916. I^evees in, construction and repnirs of. Act 3072, Notaries, additional, in, Act 3073. Officers, fees and compensation of. Act 3069. Reclamation districts, delinquent assessments, collection of. Act 2968. Reclamation district No. 54, ratifying. Act 2952. Reclamation district No. 205, creation and organization of, Act 2961. Reclamation district No. 252, establishing. Act 2963 Reclamation district No. 254, creation of. Act 2964. Reclamation district No. 317, creation of, Act 2966. 1678 SACRAMENTO COUNTY — SAN BENITO COUNTY. Records in, transcribing certain. Act 3074. Roads in, Acts 3051, 3075, 3076. Roads, certain persons allowed to take possession of and im- prove a certain. Act 3077. Sheep, restricted from being herded or running at large in. Act 3078. Supervisors of, powers of defined. Act 3080. Supervisors, president and clerk of board of. Act 3079. Sutter Island, setting off portion of for school purposes. Act 3545. Swamp land district No. 2, provision for. Act 3046. Swamp land districts 50 and 54, funds for, Act 2967. Treasurer of, manner of counting moneys in hands of, Act 3081. Trespassing of animals in. Act 1071. Woods Island, annexed to Rio Vista school district, Solano County, Act 3540. SACRAMENTO RIVER, navigability of. Act 4358. Navigation of, improvement of. Act 3811. Spark catchers, use of on steamers. Act 3888. SACRAMENTO RIVER DRAINAGE DISTRICT, board of com- missioners, creation, powers ^nd duties of, Act 981. Creation of. Act 981. SAILORS: See Soldiers and Sailors; Veterans' Home. SALARIES, officers, of. Act 1119. Particular officers: See Particular Title. Retaining portion of salary of subordinate officers a felony, Act 2549. SALES, fertilizer and manurial materials, regulation of sale of, Act 1157. Paris green, fraud in sale of. prevention of, Act 2614. Paris green, regulation of sale of. Act 2614. Ratification of void probate sales. Act 27S5. Validation of. by public administrators before obtaining letters. Act 2809. . See Various Titles. SALINAS CITV, incorporation of. Act 30S6. Reincorporation of. Act 3087. SALINAS RIVER, declared navigable, Act 3092. SAL3ION: See Fish. SALOONS: See Intoxicating Liquors. SALT-3IARSH LANDS, survey and disposition of. Act 2858. See Swamp and Overflowed Lands. SAN ANTONIO CREEK, bridge across, supervisors of Alameda County given control of. Act 104. Construction of drawbridge across allowed. Act 3098. Declared navigable. Acts 1798, 3097. Oakland, bridge across authorized. Act 2518. Preventing catching of fish in. Act 1330. SAN BENITO COUNTY, animals of another, wounding in, punish- ment of, Act 1593. Animals, trespassing of in, prevented, Act 3104. SAN BENITO COUNTY — SAN DIEGO CITY. 3 619 Creation of. Act 3103. Fences in, tearing down of, prevention of, Act 1593. Fires, leaving of, punishment of. Act 1593. Hunting on inclosed lands in, prevention of, Act 1593. Inclosures, passing through and leaving open. Act 1593. Licenses in. Act 3105. Roads and highways in. Act 310S. Squirrels, destruction of. Act 187. Transcribed records of legalized. Act 3106. Transcription of records from Fresno and Merced counties, Act 3107. SAN BERNARDINO CITY, construction of telegraph line from San Jose to. Act 4092. Interest escheating to state on incorporation becoming extinct, granted to. Act 3134. SAN BERNARDINO COUNTY, agriculture, protection of, in. Acts 3113, 3114. Animals, prevention of trespassing of in. Acts 3113, 3114. Bee-keeping in, regulation and protection of. Act 3115. District attorney, salary of. Act 3116. Fees of office in. Acts 3117-3119. Fences in. Acts 1134, 1135, 1137. Growing timber on private grounds, destruction of prevented. Act 1577, Hides of slaughtered cattle, keeping of. Act 182. Highways in, provisions of Political Code made applicable. Act 3123.' Hunting on private inclosed grounds in, prevention of. Act 1577. Irrigation ditches, water rights responsible for expenses on. Act 3120. Irrigation, protection of. Act 3120. Judge, additional, for. Act 3121. Officers of, salaries of. Acts 3117-3119. Records in legalized, Act 3124. Records of, preservation and transcription of. Act 3122. Squirrels and gophers, destruction of, Act 188. Supervisor districts, division into. Act 3126. Supervisors, compensation of. Act 3127. Supervisors in, election of, Act 3125. Trespassing cf animals in. Act 1071. Wagon road in, construction of, Act 3123. Water commissioners for, Act 4365. Water commissioners for, board of. Act 3129. Waters, overseer to regulate. Act 4365. SAN BUENAVENTURA, incorporation of. Act 3139. Ordinances, certain, approved. Act 3141. , Reincorporation of. Acts 3140, 3141. School districts, legalizing and confirming boundaries of. Act 3156. SAN DIEGO CITY, charter of. Act 3147, note. Conveyances by authorities validated. Acts 3149, 3150. Conveyance by to Richard C. McCormick ratified. Act 3153. Conveyances of pueblo lands in legalized. Act 3148. 1680 SAN DIEGO CITY— SAN FRANCISCO. Conveyances to .United States for military or naval purposes validated, Act 3151. Conveyances to United States of realty uecessary to change San Diego River authorized, Act 3152. Ordinances relating to Texas and Pacific Railroad Company, legalizing and repealing. Act 3154. Pilot and pilot regulations for port of, Act 3155. Reincorporation of. Acts 3146, 3147. BAN DIEGO COUNTY, agriculture in, protection of, Act 3163. Animals of another, wounding in, punishment of. Act 1593. Animals, trespassing of, prevented. Act 3163. Assessor, compensation of. Act 3164. County clerk of, funds for use of, Act 3167. Fees of office. Act 3166. Fences in. Acts 1134, 1135. Fences in, tearing down of, prevention of. Act 1593 Fires, leaving of, punishment of. Act 1593. Funding indebtedness of, Act 3170. Government of, Acts 3161, 3162. Growing timber on private grounds, destruction of prevented. Act 1577. Hides of slaughtered cattle, keeping of. Act 182. Hunting on private inclosed grounds in, prevention of, Act* 1577, 1593. Inclosures, passing through and leaving open. Act 1593. Judges, increase of number of. Act 3171. Judges, reduction in number of, Act 3172. Normal school, state, establishment of in, Act 3556. Notaries, additional in, Act 3168. Officers of, salaries of. Act 3166. Roads and highways in. Act 3173. Supervisors to transfer certain funds of, Act 3169. Trespassing animals in, Act 1064. Water commissioners for. Act 4365. Waters, overseer to regulate. Act 4365. SAN FRANCISCO, almshouse, establishing and maintaining. Act 3178. Army Street in. opening. Act 3179. Assessor, appointment of deputies by. Act 3180. Attorney for state board of health and board of health of. Act 2831. Auditor, additional powers conferred on. Acts 3314, 3321, 3322. Auditor, deputy, appointment of. Act 3181. Auditor, further powers, conferred on. Act 3193. Auditor, expending unexpended balances. Act 3322. Auditor, facilitating transaction of business in office of. Act 3181. Authorized to pay rent and salaries out of general fund, Act 3209. Bay Street, grading of and changing of grade. Act, 3182. Beach and water lots boundaries of. Act 3185. Beach and water lots, granted to. Act 3185. Board of accountancy to have office at, p. 2, § 2. Board of education authorized to exchange lot. Act 3183. Board of education, powers and duties of. Act 3184. SAN FRANCISCO. 1681 Board of education, further powers conferred upon. Act 3193. BoDcls, issuance and sale of for construction of ferry depot in San Francisco, Act 1152. Bowman, James, interest of state in water lot quitclaimed to successors of, Act 4028. Cemetery Avenue, conveyance of and plaza reserved up to New Cemetery Avenue authorized. Act 3199. Cemetery Avenue, supervisors authorized to convey tract com- prising. Act 3190. China Basin, ratification of lease of. Act 1S90. Channel Street, acquiring lands contiguous to. Act 3321. Channel Street, canal through. Acts 3191. 3192. Channel Street, opening of, Act oil'J". Channel Street, vacation and sale of certain parts of, Act 3321. City and county attorney, additional fees for and for assistants. Act 3208. City attorney, assistants to, Act 599. City hall, board of city hall commissioners, abolishing. Act 3189. City hall, completion of. Act 3188. City hall, erection of. Act 3186. CUty hall lots, execution and delivery of deeds to purchasers. Act 3187. Claims against, one twelfth, Act 3329. Conlin, John J., act for relief of, Act 3202. Conveyance of lot to San Francisco Ladies' Protection and Re- lief Society, authorized, Act 3291. Conveyance of old Cemetery Avenue and plaza reserved up to- New Cemetery Avenue authorized. Act 3199. Conveyances to South San ii'rancisco Homestead and Railroad Association authorized, Act 3201. Coroners in. Act 3203. Coroners, assistants to, appointment, compensation and duties. Act 752. Coroner, stenographer to, Act 753. Costs in. Act 3204. County clerk in. Act 3205. County clerk in to keep his ofHce open on election day, Act 3206. County clerk, deputies, assistants and copyists of. Act 828. County clerk, deputies and assistants of and their salaries. Act 3207. District attorney of, office of. Act 3211. District attorney, assistants and clerks in. Act 943. District attorney, authorized to appoint second assistant. Act 3210. Dupont Street, widening of. Act 3213. Dupont Street, preservation of name of. Act 3212. East Street, harbor commissioners authorized to sell, con- demn, and acquire adjacent lands, Act 1428. East Street, harbor commissioners authorized to rectify align- ment, Act 1428. East Street, Jurisdiction of harbor commissioners extended over. Act 1427. EaFt Street, width of. Act 3214. Gen. Laws— 71 1682 SAN FRANCISCO. Elm Street In. closing of. Act 3215. Fares, rates of on street railroads In cities over 100,000, Act 2929. Fees, manner of paying in cities and cities and counties over 100,000, Act 1121. Fees of jurors and witnesses in. Act 3217. Ferry and passenger depot of, bonds for constructing and fur- nishing, Act 1426. Fifteenth Avenue extension, opening of. Act 3218. Fire commissioners, appointment of messenger by supervisors, .•Vet 3222. Fire company, exempt, authorized to receive and manage cer- tain property. Act 3226. Fire company, exempt, president and secretary authorized to administer oaths, Act 322.5. Fire department, compensation of secretary. Act 3224. Fire department, paid, reorganization and regulation of. Act 3221. Fire department, paid, provision for. Act 3220. Fire department, paid, support of disabled members. Act 3223. Fire department, salaries of officers of. Acts 1180, 1181. Fire marshal, appointment of. Act 3219. Fishermen, harbor commissioners to set off portion of water- front for. Act 3230. Free public market on water-front, establishment of. Act 3228. Free dispensary in, establishment and maintenance of. Act 3227. Free public market in, harbor commissioners authorized to establish, Act 1430. Funded debt commissioners authorized to compromise claims and convey property, Act 3195. Funded debt commissioners authorized to transfer certain funds and property to, Act 3194. Funded debt commissioners, sales and conveyances by author- ized. Act 3196. Gas, regulation and price of in. Act 1344. Gas, quality, standard and price of, Act 3236. Golden Gate Homestead Association, swamp land commis- sioners authorized to sell certain land to. Act 1372. Golden Gate Park, preservation and improvement of. Act 3229. Golden Gate Park, authority of commissioners extended over Point Lobos Avenue. Act 3276. Golden Gate Park, commissioners of authorized to receive gifts. Act 2SS0. Hamilton Square, order for exchange of lands in confirmed. Act Act 3272. Harbor commissioners: See Harbor Commissioners. Highways in. repair and improvement of. Act 3288. Home of inebriates in, Act 3231. Hospital, authorized to erect a, and levy a tax therefor, Act 1522. Hospital, titles of first class authorized to erect. Act 2342. Hours of service of members of police department. Acts 2728, 2729. House of correction. Act relating to. Act 3233. House of correction, funds to build, Act 3232. SAN FRANCISCO. 1683 House of correction of, government and utilization of labor. Act 3234. Hunting and stiooting on private grounds in prevented. Act 3235. Incorporation and government of merged cities and counties of 100,000 inhabitants. Act 2339. Industrial school department of. Act 3238. Industrial school, management of, transferred to supervisors. Act 3237. Inebriates, care of. Act 3239. Insane, care of. Act 3239. Inspector of steam-boilers, and steam tauKs, appointment ol. Act 3240. Interpreter, additional, for criminal courts. Act 3241. Italian interpreter, appointment of in cities of 100,000, Act 1680. Islais Creek declared navigable. Act 3242. Islais Creek, jurisdiction of given harbor commissioners. Act 3242. Ivy Avenue, closing, Act 3243. Judgments against cities and counties over 100,000, how paid. Act 800. Judgrments quieting titles to lands in, authorized to be record- ed, Act 3325. Jurors in, fees of, Act 3217. Justice's court in, organization and regulation of. Act 3244. Justice's court in, regulating proceedings in, Act 3245. Justices' court in, summons in. Act 3246. Law library for, creation of, Act 3292. Leidesdorff Street, opening and extending. Act 3247. Licenses in. Act 3248. Licenses in, collector of. Act 3250. Licenses in, facilitating and increasing, Act 3249. Manufacture of acids and explosive chemicals, Act 3251* Mayor of, salary of clerk of. Act 3252. Mission Creek, acquiring lands contiguous to, Act 3321. Mission Creek, canal through, Act 3192. Mission Creek declared navigable. Act 3253. Mission Creek, vacation and sale of certain parts of. Act 3321. Montgomery Avenue, grade of. Act 3254. Montgomery Avenue, opening and establishing. Act 3257. Montgomery Avenue, orders relative to street work on ratified. Act 3255. Montgomery Street South, establishing and opening. Act 3256. Morgue, public, in. Act 3258. Mutual real estate company, surviving trustees authorized to make sales. Act 3259. Normal school, establishment of in, Act 3557. JMorth Beach and Mission Railroad Company, certain privileges granted to, Acts 2489, 2490, 3260. 3261. North San Francisco Homestead and Railroad Association, coniraissiouers o!' swamp lauds authorized to convey lands to. Act 2495. Notary, additional for. Act 3263. Notary, additional, to resido at Presidio, Act 3204. Notary, additional, to reside at Yerba Buena Island, Acts 3262, 32G5. 1684 SAN FRANCISCO. One twelfth act. Act S329. Order No. 800 quieting title to lands in, conflrrned. Act 3270. Order No. 883, for exchange between and ^Edward Tompkins, confirmed, Act 3272. Order No. 1004 confirmed. Act 3273. Order No. 1404, confirmed. Act 3274. Order requiring fencing lots and to prevent drifting sand, confirmed. Act 3273. Ordinance No. 840 confirmed. Act 3271. Ordinance, Van Ness, ratification of, Act 3332. Orphan asylums authorized to bind children as apprentices, clerks and servants. Act 214. Park commissioner, creation of office of, Act 32S5. Park purposes, reservations for. Act 3286. Perry, Sallie C, claim of state to certain tract quitclaimed to. Act 4030. Pharmacy, regulating practice of. Act 3277, 3278. Point Lobos Avenue, authority of park commissioners ex- tended over. Act 3276. Police court, creation of. Act 3282. Police court, additional, creation of. Act 3281. Police court, prosecuting attorney authorized to appoint clerk. Act 3283. Police department, appointment of members of, Act 2732. Police department, salaries of officers of. Act 2732. Police force, increasing and regulating. Acts 3279, 3280. Prisons, authorized to make alterations in. Act 3284. Quarantine for, Act 3287. Registration of voters, Act 3216. Reservations for park and reservoir purposes. Act 32S6. Reservoir purposes, reservation for, Act 3286. Resolution No. 11,900 confirmed. Act 3275. Roads in, repair and improvement of. Act 328S. Sailor boarding-houses, regulation of. Act 3289. Salaries of clerks appointed by supervisors, appointment of, Act 3290. Sales of perishable products on wharves, permit of harbor commissioners necessary. Act 3345. Sale of perishable products on wharves, regulation of. Act 3345. San Francisco Ladies' Protection and Relief Society, conveyance of lot to authorized. Act 3291. San Francisco Lying-in Hospital and Foundling Asylum, Mayor authorized to make conveyance to. Act 3198. Sanitary laws for. Act 3287. Schools of. Act 3293. Schools of, support of. Act 3294. Seawall in, state bonds for, submission of proposal to electors, Act 376. Seventh Street, grade between Bryant and Brannan streets established. Act 3296. Seventh Street, opening. Act 3295. Sewer in, construction of. Act 3298. Sewers in. repairs of, authorized and facilitated In case of urgent npcessity. Act 33^5. Sharp, George F., ordinance authorizing conveyance to ratified. Act 3269. SAN FRANCISCO. 1685 Sheriff of, Acts S299, 3300. Shipping orSces. resulation of, Act 3289. Sinking fund commissioners, conveyances by legalized, Acts 31a7, 3200. South San Francisco Homestead and Railroad Association, conveyances to authorized. Act 3201. Stenographer to coroner, Act 753. Sixth Street, opening and establishing, Act 3297. Streets in. Army Street opening, Act 3179. Street assessments against property of United States, payment of. Act 3306. Streets, Eay Street, grading of and changing of grade, Act 3182. Streets, Cemetery Avenue, supervisors authorized to convey tract comprising. Act 3190. Streets, Channel Street, acquiring lands contiguous to. Act 3321. • Streets, Channel Street, canal through. Acts 3191, 3192. Streets, Channel Street, opening of, Act 3297. Streets, Channel Street, vacation and sale of certain parts ot. Act 3321. Streets, closing of certain. Acts 3308. 3309. Streets, Dupont Street, preservation of name of. Act 3212. Street.s, Dupont Street, widening of. Act 3213. Streets, East Street, width of. Act 3214. Streets, Elm Street, closing of. Act 3215. Streets, iifteenth Avenue extension, opening. Act 3218. Streets, grades of certain street crossings changed. Act 3302. Streets, grades of certain streets legalized. Act 3303. Streets, grades of certain streets modified. Act 3301. Streets, grading of and work on streets. Act 3317. Street improvements in. Act 3307. Streets, Ivy Avenue closed, Act 3243. Streets, Leldesdorff Street, opening and extending. Act 3247. Streets, Mission Creek, canal through. Act 3192. Streets, Montgomery Avenue, grade of. Act 3254. Streets, Tilontgomery Avenue, opening and establishing. Act 3257. Streets, Montgomery Avenue, orders relative to street work ratified. Act 3255. Streets, Montgomery Street South, establishing and opening, Act 3256. Streets, ordinances relating to street work, ratified. Acts 3266, 3267. Streets, Point Lobos Avenue, authority of park commissioners extended over. Act 3276. Street, repairs in. Act 3304. Street repairs, authorized and facilitated in case of urgent necessity, Act 3305. Streets, resolution No. 11,900 relating to confirmed. Act 3275. Streets, Seventh Street, grade established between Bryant and Brannan streets. Act 3296. Streets, Seventh Street, opening of, Act 3295. Streets, Sixth Sti-eet. opening and establishing, Act 3297. Streets, superintendent of, further powers granted to. Act 3310. 1686 SAN FRANCISCO. Streets, supervisors authorized to cut, fill and grade certain streets, Act 3319. Streets, supervisors granted additional powers in relation to accepted streets. Act 3320. Streets, supervisors granted certain powers as to, Act 3313. Streets, Townsend Street, orders relating to grading of rati- fied, Act 3208. Streets, Van Ness Avenue, improvement of. Act 3333. Streets, Valencia Street, supervisors authorized to open, Act 3330. Superior judges of may appoint secretary. Act 845. Supervisors, additional powers conferred on, Acts 3314-3321. Supervisors autliorized to cut, fill and grade certain streets. Act 3319. Supervisors, appropriation from general fund for urgent neces- sity and other purposes authorize*. Act 3318. Supervisors, expending unexpended balances, Act 3322. Supervisors granted certain powers as to streets, Act 5313. Supervisors granted additional powers in relation to accepted streets, Act 3320. Supervisors granted powers to complete all main intercepting sewers. Act 3311. Supervisors, powers of as to contracts. Act 3312. Taxes, assessment and collection of on personalty. Act 3323. Taxes upon personalty, act relating to repealed. Act 4051. Tehama Street, opening and extending of. Act 3324. Titles in, settlement of, expedited. Act 3326. Townsend Street, orders relating to grading of ratified. Act 3268. Training-ship in, establishment and maintenance of. Acts 3327, 3328, 4125. Treasurer, additional powers conferred on. Acts 3321, 3322, 3314. Treasurer, further powers conferred upon. Act 3193. Treasurers, deputies and clerks in cities over 200,000, Act 4135. Treasury, expending unexpended balances. Act 3322. Treasury, one twelfth act Act 3329. Valencia Street, supervisors authorized to open. Act 3330. Van Ness Avenue, improvement of. Act 3333. Van Ness ordinance, ratification of. Act 3332. Veterans' home directors authorized to exchange or lease lands in, Act 4285. Water-front of, compromise of litigation concerning. Act 3343. Water-front of, description of. Acts 3334. 3335. Water-front of, title to property on confirmed. Act 3339. Water-front line of. Act 1432. Water-front line of, extension of. Act 3338. Water-front line of, sale of property of state within. Act 3336, 3337. Water-front lots, conveyance of certain to William Schalle authorized. Act 3344. Water rates in, establishing, Act 3340. Water-works, cities of first class authorized to obtain. Act 2360. SAN FRANCISCO — SAN JOAQUIN COUNTY. 1687 Water-works for, providing and maintaining, Acts 3341, 3342. "Witnesses in, fees of. Act 3217. SAN FRANCISCO BAY, quarantine stations in, p. 740, § 182. SAN FRANCISCO LAW LIBRARY, creation of. Act 3292. SAN FRANCISCO LADIES' PROTECTION AND RELIEF SO- CIETY, conveyance of lot to, by San Francisco author' ized, Act 3291. SANITARY DISTRICTS, bonds, issuance of, Act 3349. Bonds, payment of. Act 3349. Bonds, sale of and disposal of proceeds, Act 3349. Bonds, validity of, determination of. Act 3349. Dissoluaion of. Act 3349. Ellection in. Act 3349. Formation of, Act 3349. Government of. Act 3349. Officers of. Act 3349, §§ 6 et seq. Operation of. Act 3349. Powers of. Act 3349, § 5. Sewers, construction of, Act 3349. Taxes, assessment, levy, collection, custody and disburse- ment of. Act 3349. SANITARY LAWS: See Public Health. Sanitary conditions of factories and workshops. Acts 1098, 2139, 2841. SAN JOAQ.UIN COUNTY, auditor, recorder, ex officio is. Act 3365. Bounties for destruction of gophers and squirrels. Act 3363. Fences, division, in. Act 1138. Gophers in, destruction of, Act 186. Gophers in, bounty for destruction of. Act 3363. Highways in. Act 3358. Levee, authorizing construction of by certain parties. Act. 3354. Mormon Slough, inhabitants authorized to form reclamation dis- trict. Act 2943. Officers of, salaries and compensation of. Acts 3360, 3361. Phonographic reporter in, appointment of, Act 3356. Phonographic reporter, duties of, Act 3362. Protection of certain lands from overflow. Act 3355. Public wharves in. Act 3371. Reclamation districts in. Act 2969. Recorder ex officio auditor. Act 3305. Records of, validating of. Act 3357. Roads in, Act 3358. Road districts, authorized to levy special tax, Act 3359. Squirrels in, bounty for destruction of, Acts 186, 3363. Supervisors of, Act 3364. Swamp land district No. 17, additional powers conferred on. Act 2950. Swamp land district No. 221, legalizing, Act 2962. Tax collector, treasurer ex officio is. Act 3365. Treasurer ex officio tax collector. Act 3365. Trespassing of animals in, Act 1071. Union Island reclamation districts, creation, organization and government, Act 2970. Squirrels, destruction of. Act 187. 166S SAN JOAQUIN RIVER— SAN LUIS OBISPO COUNTY. SAN JOAtliriN KIVER, declared navigable, Act 3370. Ferry, establishment of in Stanislaus County, on San Joa- quin River, Act, 3761. Highway, establishment of, on. Act, 3761. Navigability of, Act 4358. Navigation of, improvement of. Act 3S11. Spark catchers, use of on steamers. Act 3SS8. SAIV JOAaXJIN VALLEY RAILROAD, certificate of incorpora- tion validated, Act 563. SAN JOSE, board of health in. Act 3378. Bonds to provide for sewerage, Act 3379. Charter of. Act 3377, note. Construction of telegraph line from, to San Bernardino, Act 4092. Fire department of. Act 3380. Law library in. Act 3381. Market Street, opening of through Market Square, Act 3382. Normal school at, trustees authorized to reconvey tract to city for library. Act 355S. Public park, certain lands declared to be, Act 3383. Reincorporation of. Acts 3376, 3377. Santa Clara Avenue, act concerning, Act 3383. School trustees authorized and empowered to erect a high school building, Act 3384. Sewerage of, bonds for Issuance, Act 3379. Streets in, opening, widening and extending. Act 3385. SAN JOSE DE GUADELOUPE, navigability of. Act 4358. SAN JUAN, incorporation of. Act 3390. SAN LEANDRO, incorporation of. Acts 3395, 3396. SAN LEANDRO CREEK, navigability of. Act 4360. SAN LUIS OBISPO CITY, bonds of, issuance and sale of, Acts 3420, 3422. Bonds of, substitution in lieu of bonds of town, Act 3421. Incorporation of. Act 341S. Police judge of, Act 3423. Reincorporation of. Act 3419. Roads in. Act 3424. Streets in, Act 3425. Title to lands in, settlement of. Act 3425. SAN LUIS OBISPO COUNTY, animals of another, wounding In, punishment of. Act 1593. Animals, trespassing in. Act 3401. Boundary line between San Luis Obispo and Kern counties, locating. Act 818. Bounties for destruction of wild animals in. Act 189. District attorney, fees and compensation, Act 3404. Fees in. Act 3402. Fees of district attorney, Act 3404. Fees of recorder of. Act 3402. Fences, division, in. Act 1138. Fences in, tearing down of. prevention of. Act 1593. Fires, leaving of, punishment of. Act 1593. fiAN LUIS OBISPO COUNTY— SANTA BARBARA CITY. 16S9 Growing timber on private grounds, destruction » of prevented. Act 1577. Hides of slaughtered cattle, keeping of. Act 182. Hunting on inclosed lands in, prevention of, Acts 1593, 1577. Inclosures, passing through and leaving them open. Act 1593. Notaries, additional, for, Act 2501. OflScers in, salaries of. Act 3402. OfHcers of, salaries and compensation of. Acts 3409, 3410. Recorder of, fees of, Act 3403. Records in, transcribing of. Acts 3405, 3406. Roads in. Act 3407, Road purposes, funds for. Act 3408. Squirrels, destruction of. Act 187. Squirrel, nuisance, abatement of. Act 3411. Superior judge, additional, for, Act 3412. Superior judges, reducing number of. Act 3413. Supervisors, reorganizing, Act 3414. Trespassing of animals in. Act 1071. SAN MATEO COUKTY, animals, pounds in. Act 3433. Animals, trespassing in, Act 3430. Fences, boundary in, Act 3430. Fences, division, in. Act 1138. Growing timber on private grounds, destruction of prevented. Act 1577. Hides of slaughtered cattle, keeping of. Act 182. Highways in, construction and improvement of. Act 3431. Hunting on private inclosed grounds in, prevention of, Act 1577. Officers in, duties and salaries of, Act 3432. Pounds in, establishing, Act 3433. Records of San Francisco and San Mateo counties, super- visors authorized to transcribe. Act 3437. Road overseer, compensation of. Acts 3434, 3435. Supervisors authorized to empower treasurer to appoint deputy. Act 3438. Squirrels, destruction of. Act 187. Squirrels in extermination of. Act 3436. Stallions prevented from running at large in, Act 1063. Swamp land fund, transfer of to general fund. Act 3439. Tide lands declared public grounds and granted to public. Acts 3440, 4027. Treasurer, deputy of, supervisors may empower appointment of, Act 3438. SAN PEDRO, pilots, appointment of at, Act 2672. SAN Q,UENTIX, See State Prisons. SAN RAFAEL, incorporation of, Act 3445. SAN RAFAEL CREEK, navigability of, Act 2009. SANTA BARBARA CITY, common council, additional powers of. Act 3451. Conveyances to Santa Barbara Cemetery Associatloa confirmed. Act 3465. Gvante by ayuntamicnto legalized. Act 3453. Grants of town lands legalized. Act 3454. Incorporation of. Act 3450. 1690 S3ANTA BAKBARA CITY — SANTA CLARA COUNTT. Ordinance* 47 relating to certain blocks and plazas ratified. Act 3456. Streets in, laying out, opening and improving. Act 3457. Trustees of, proceedings of legalized, Act 3452. SANTA BARBARA COUXTY, animals, trespassing, in. Act 3462. County clerk of, Act 3464. Deeds, acknowledged and recorded by C. C. Cook validated. Act 3463. Fences in. Acts 1134, 1135. Fences, division, in. Act 1138. Growing timber on private grounds, destruction of prevented. Act 1577. Hides of slaugiitered cattle, keeping of. Act 182. Hunting on private inclosed grounds in, prevention of. Act 1577. Notaries, additional, for, Act 2501. OflBcers of, salaries of. Act 3465. Proceedings of, legaliised. Act 3469. Roads in. Act 3466. Road districts, special, in. Act 3467. Road fund in. Act 3467. Squirrels in, extermination of. Act 3468. Trespassing of animals in. Act 1071. Water commissioners for. Act 4365. "Waters, overseer to regulate, Act 4365. SANTA CLARA CITY, authorized to take and hold In trust for inhabitants lands granted by congress. Act 3474. Reincorporation of. Act 3473. Trustees of home for feeble minded children authorized to quit-claim certain realty to trustees of. Act 1114. SANTA CLARA COUNTY, Alameda road, construction and pro- tection of. Act 3479. Arroyo del iledo declared navigable. Act 240. Artesian wells, regulation of and prevention of waste, p. 41, § 7 ; Act 34S0. Assessor made collector of poll taxes. Act 3481. Auditor, seal of office. Act 34S2. Auditor, supervisors to pay certain moneys to. Act 3483. Coroner of, Act 3484. County clerk, fees of. Act 3485. County clerk, supervisors to pay certain moneys to. Act 3483. Fees of county clerk. Act 3485. Fees of officers of. Acts 3488, 3489. Fee:-, of recorder of. Act 3490. Firemen, exemption of from poll taxes. Act 3486. Hides of slaughtered cattle, keeping of. Act 182. Highways in. Act 3195. Notaries, additional, for. Act 2501. Officers of, fees and salaries of. Acts 3488, 3489. Poll taxes, exemption of firemen from. Act 3486. Recorder of, fees of. Act 3490. Records, complete, keeping of. Act 3494. Records of legalized. Act 3491. Records, Spanish, translation of into English, Act 3492. Records of, transcribing. Act 3493. Roads in. Act 3495. SANTA CLARA COUNTY — SCHOOLS. 1691 Roads, public, protection of. Act 3496. Santa Clai-a Avenue, opening and improving of, Acts 3497, 3498. Saratoga Avenue, opening of. Act 3497. Squirrels, destruction oi:, Act 187. Stallions prevented from running at large in. Act 1063. Streams, unnavigable, supervisors given powers over, Act 3499. Superior judges, increasing number of. Act 3487. SANTA CRUZ CITY, incorporation of. Act 3505. Reincorporation, Act 3504. Water pipes in, Davis & Cowell authorized to lay. Act 3506. SANTA CRUZ COUNTY, animals of another, wounding in, pun- ishment of. Act 1593. Assessor, providing sufficient number of deputies for. Act 3511. Branciforte, settlement of land titles in. Act 408. District attorney of, Act 3512. Fees of officers of. Act 3513. Fees of sheriff. Act 3517. Fees of surveyor. Act 3520. Fences in, tearing down of, prevention of, Act 1593. Fires, leaving of, punishment of. Act 1593. Gophers, destruction of, Act 188. Hunting on inclosed lands in, prevention of. Act 1593. Inclosures, passing through and leaving open. Act 1593. Jurors in justice's court. Act 3514. Officers of, fees and salaries. Act 3513. Roads, public and private in, Act 3515. Road purposes, condemnation of lands for. Act 3516. 1 Santa Cruz railroad company, change of line of. Act 3519. Sheriff, fees of. Act 3517. Squirrels, destruction of, Acts 187, 1S8. Stallions prevented from running at large in. Act 1063. Supervisors, duties and salaries of, Act 3518. Surveyor, fees and compensation of, Act 3520. "Witnesses in courts of record. Act 3514. SANTA MONICA, Bea gulls, protection of. Acts 1315, 3525. SANTA RITA, New Republic, name of changed to Santa Rita, Act 2479. SANTA ROSA, altering and defining limits of, Act 3532. Board of education, powers and duties of. Act 3533. Reincorporation, Acts 3530, 3531. SATISFACTION: See Accord and Satisfaction. SAUCEI>ITO CREKK, navigability of. Act 2069. SAVINGS BANKS: See Banks and Banking. SAW MILLS, lunch hour for laborers in mills and logging camps. Act 2139. SCHOOL OF INDUSTRY: See Preston School of Industry. SCHOOL LANDS: See Public Lands. SCHOOL OF REFORM: See Whittier State School. SCHOOLS: See California Polytechnic School; Hastings College of the Law; University of California. Annuity and retirement fund for teachers. Act 3570. 1692 SCHOOLS. Annuity and retirement fund, withdrawal of contributor, Act 3571. Assumption of control by trustees. Act 4164. Attendance, compulsory. Act 3574. Attendance, compulsory, parental schools. Act 3574, § 6 et seq. Attendance officers. Act 3574, §§ 4 et seq. Board of education, salaries and expenses of members of in various counties; See Counties. Building fund, disposal of surplus funds, Act 3572. Certificates and diplomas, continuing in force. Act 3577. Certificate, temporary, in certain year. Act 3578. City, conveyance by for educational purposes, ratification of. Act 2382. Compulsory attendance, provision for, Act 3574. Compulsory school law, Act 3573. Contra Costa County, distribution of school moneys in. Act 725. Court house school district, Sonoma County, re-establishment. Act 3547. Deaf, dumb and blind child, compulsory attendance and duty of parents, Act 3574, § 10. Distribution of school moneys in certain counties. Act 3542. Enforcement of educational rights of children. Act 3573. Funds of school districts, preservation of after change in con- stitution. Act 3579. Gifts and donation to, encouragement and protection of, Acts 4162, 4163. Grass Valley school district, board of education. Act 3541. High, boards, meeting place of within cities. Act 3552. High, condition of receiving state aid, p. 1150, § 8. High, county, establishment of. Act 3551. High, county, support of. Act 3551. High, establishment of, Act 3549. High, fund, creation of, Act 3553. High, funds, distribution and apportionment. Act 3553. High, funds, duty of controller, p. 1151, § 10. High, funds, duty of treasurer, p. 1151, § 11. High, in cities, legalizing CKtablishment of. Act 3550. High, in cities, maintenance and support of. Act 3550. High, joint union districts, reports of principals, p. 1149, § 6. High, joint union districts, report of superintendent, p. 1150, § 7. High, joint union districts, requisitions against funds, p. 1150, § 8. High, report of principal, p. 1149, § 6. High, report of superintendent, p. 1150, § 7. High, requisitions against funds, p. lloO, § 8. Incorporation of institutions of learning, science and art. Act 633. Interest on state bonds held in trust for university and school funds, payment of. Act 374. Kings River Sv.'itch school district, portion of attached to Kingsbury school district, Fresno County, Act 3548. Military academy: See Military Academy. Millville school district, Shasta County, census of. Act 3544. Name of school district, changing. Act 3568. SCHOOLS. 1693 Normal school at San Jose, trustees authorized to reconvey tract to city for library, Act 3558. Normal school, branch, establishment of in northern California^ Act 3555. Normal schools, establishment of branch at Los Angeles Coun- ty, Act 3554. Normal school, state, establishment of in San Diego County, Act 3556. Normal school, state, establishment of in San Francisco, Act 3557. Parental schools, Act 3574, §§ 6 et seq. Parental schools, joint, establishing. Act 3574, § 8. Preston school of industry: See Preston School of Industry. Pupils, attendance ofiacers. Act 3574, §§ 4 et seq. Pupils, compulsory attendance. Act 3574. Pupils, truants, Act 3574. Pupils, truants, parental school. Act 3574, §§ 6 et seq. Putah school di.strict and Yolo school district, union of, Act 3538. Rattlesnake school district and Wild Goose school district. El Dorado County, consolidated. Act 3543. Relinquishment of rights in by founder or wife. Act 4164. School districts, protection of after change in constitution. Act 3579. Scott's Valley school district, Siskiyou County, trustees au- thorized to borrow money, Act 3546. Siskiyou, Modoc and Sonoma counties, apportioning of school moneys in, Act 3539. State text books, additional, compilation of. Act 3594. State text books, civil government, compiling, printing and distributing book on. Act 3562. State text books, compiling, printing, binding, distributing, etc.. Acts 3561, 3563. State text books, continued publication of. Act 3564. State text books, erection of warehouse for storage and preser- vation. Act 3560. State text books, preventing change in. Act 3559. State text books, revision of. Act 3564. State text books, store-keeper for care and custody of, Act 3560. Superintendent, bond of, p. 146, § 66. Superintendent, clerk for, appointment and salary. Act 3569. Superintendent, Ueputies and assistants in various counties: See Count ic.-:. Superintendent, duties of, p. 167, § 150. Superintendent, is trustee of California polytechnic school, Act 504, § 2. Superintendent, salaries and expenses in various counties: See Counties. Superintendent, v/omen eligible to office of, p. 143, § 54. Sutter Island, Sacramento County, setting off portion of for school purposes, Act 3545. Teachers' annuity and retirement fund. Act 3570. Teachers' annuity and retirement fund, withdrawal of con- tributor. Act 3571. 1694 SCHOOLS. Teachers, certificates and diplomas, continuing in force. Act 3577. Teachers, certificates, temporary in certain year. Act 3578. Taxes, levy and collection by school districts except in first class cities, Act 3565. Truants, Act 3574. Truants, parental schools, Act 3574, §§ 6 et seq. Trustees, women eligible to office of, p. 143, § 54. Trusts for benefit of, creation of. Acts 4162, 4163. Trusts for benefit of, determination of validity authorized. Act 4165. Vaccination of children, p. 2840. Women eligible to educational offices. Acts 2542, 3576. Women eligible to what offices, p. 143, § 54. Woods Island. Sacramento County, annexed to Rio Vista school district, Solano County, Act 3540. Cities of first class. Bids and contracts, how made and awarded, p. 763, § 253. Board of education, election of and term of office, p. 760, § 247. Board of education, meetings, p. 760, § 247. Board of education, member not to disburse school moneys, p. 760. § 272. Board of education, members not to receive gifts or gratuity, p. 769, § 272. Board of education, number of, p. 760, § 247. Board of education, powers enumerated, pp. 761-763, § 249. Board of education, qualifications of members, p. 760, § 247. Board of education, quorum, p. 760, § 247. Board of education, records, public, p. 760, § 247. Board of education, rules, p. 760, § 247. Board of education, vacancies, filling and term of appointee, p. 766, § 261. Claims and demands, pp. 767, 768, §§ 265-269. Contracts, limitation on power of, p. 768, § 269. Contracts, officers not to be interested in, p. 764, § 254. Demands, allowance and approval of, -p. 696, § 94. Demands, remedy on rejection of, p. 699, § 99. Estimate of expenses, p. 768, § 270. Evening schools, p. 764, § 256. Expenses, limit upon, p. 768, § 270. Funds, p. 694. § 4; pp. 766-768. §§ 263, 267. Oaths, what officers may administer, p. 763, § 250. Records, p. 764, § 256. Reports, annual, p. 764, § 255. Reports, quarterly, of directors, p. 763, § 251. Rules, p. 764, § 256. Regulations, p. 764, § 256. Sectarian schools not to receive school money, p. 769. § 271. Superintendent of, p. 760, § 248 ; pp. 765, 766, §§ 257-260, 262. Superintendent, clerk of, appointment and salary, p. 765, § 258. Superintendent, salary of, p. 652, subd. 14. Superintendent, vacancy, filling and term of appointee, p. 766, § 262. Supplies, how furnished, p. 703, § 252. SCHOOLS. 1695 Taxes, audited bills receivable for, p. 768, § 268. Tax, levy and limit upon, p. 768, § 270. Cities of second class. Board of education, directors, election and term of office, p. 797, § 410. Board of education, government of schools vested in, p. 797, § 410. Board of education, meetings, p. 798, § 411. Board of education, number of members, p. 797, § 410. Board of education, organization, p. 798, § 411. Board of education, powers of enumerated, p. 798, § 412. Board of education, quorum, p. 798, § 411. Board of education, rules, p. 798, § 411. Board of education, secretary of. p. 802, § 417. Board of education, vacancies, filling of, p. 798, § 411. Boards of examination, povvers of, p. 801, § 416. Claims, procedure on, p. 804, § 423. Contracts in which officers interested, effect of, p. 801, § 415. Contracts, letting of, p. 801, § 414. Contracts, officers not to be interested in, p. 801, § 415. Debts not to be in excess of income, p. 804, § 424. Demands, payment of, p. 804, § 424. Demands, president of board may administer oaths, p. 800, § 413. Examinations for certificates, p. 801, § 416. Funds, p. 803, § 421. Funds, certifying amount of by county auditor, p. 804, § 425. Funds, how expended, p. 803, § 421. Funds, moneys received from state used for primary and grammar school, p. 805, § 426. Funds, payment by county treasurer to city treasurer, p. 805, § 426. Superintendent and assistant, salary of, p. 773, § 307. Superintendent, duties of, p. 802, § 419. Superintendent is secretary of board of education, p. 802, § 417. Superintendent, report of, p. 802, § 418. Superintendent, vacancy, filling of and term of appointee, p. 803, § 420. Teachers to have certificates, p. 801, § 416. Cities of third class. Board of education, actions by and against, p. 825, § 574. Board of education, governed by, p. S22, § 570. Board of education, meetings, p. 823, § 572. Board of education, powers of enumerated, pp. 823-825, §§ 573, 574. Board of education, president, powers of, p. 826, §§ 576, 577. Board of education, quorum, p. 823, § 572. Board of education, records, p. 823, § 572. Board of education, residence of directors, p. 808, 5 508. Board of education, term of office, p. 806, § 502. Board of education, vacancy, filling and term of appointee, p. 823, § 571. i696 SCHOOLS — SEA GULLS. Boaid of education, witnesses before, p. 826, § 577. Claims and warrants, p. 826, § 578. Compensation, act without, p. 807, § 506. County treasurer to pay moneys to city treasurers, p. 825, § 575. Revenue from state applied to primary and grammar schools, p. 826, § 578. Separate school district, constitute, p. 822, § 570. Superintendent, salary of, p. 807, § 506. Teachers, eligibility of, p. 808, § 508. Trustees, eligibility of, p, 808, § 508. Cities of fourth class. Advertisement for supplies, p. 861, § 712. Board of education, consists of whom, p. 861, § 710. Board of education, election of, p. 861, § 710. Board of education, members act without compensation, p. 831, § 608. Board of education, powers of enumerated, p. 861, § 713. Board of examination, to visit schools, p. 865, § 716. Claims and demands, p. 866, §§ 718, 719. Funds, p. 865, § 717. Rules and regulations governing, p. 865, § 716. Superintendent, election and term of office, p. 828, § 602, Superintendent, powers and duties of, p. 861, § 711. Teachers and certificates, pp. 864, 865, §§ 714, 716. Trustees, election and term of office, p. 828, § 602. ■Cities of fifth class. Board of education, actions by and against, p. 888, § 799. Board of education, compensation, act without, p. 888, § 797. Board of education, election and term of office, p. 867, § 752. Board of education, governed by, p. 887, § 795. Board of education, meetings, p. SSS, § 797. Board of education, powers of enumerated, p. 888, § 798. Board of education, president, powers of, p. 890, §§ 801, 802. Board of education, quorum, p. 888, § 797. Board of education, vacancy, filling of and term of appointee, p. 887, § 796. Board of education, witnesses before, p. 890, § 802. Bonds, authorized to issue for lots and buildings. Act 3566. Bonds by districts partly within. Act 3567. Bonds, issuance of by districts in for school purposes, Act 3567. Claims, demands and warrants, pp. 890, 891, §§ 801, 803. Form separate district, p. 887, § 795. Funds from state or county applied to primary and grammar schools, p. 891, § 805. Inclusion of outside territory, p. 887, § 795. Secretary, duties and compensation of, p. 891. § 804. Treasurer of city, moneys to be paid to, p. 890, § 800. SCOTiyS A'ALLEY SCHOOL. DISTRICT, in Siskiyou County, trustees authorized to borrow money. Act 3546. SEA GULLS at Santa Monica, protection of. Act 1315. Killing of within five miles of, prohibited, Act 3525. SEALS— SHASTA COUNTY. 1697 SGALiS, validation of writs, process and certificates issued before courts have seais. Act 2791. SEAMEN: See Shipping. SECRETARIES, United States secretary, assault upon, punish- ment of, Act 693. United States secretary, conspiracy to commit any crime against, punishment of. Act 693. SECRETARY OF STATE, janitor's clerli, appointment and salary of. Act S5S4. Keeper of the archives, to appoint. Act 1779. Keeper of archives, salary of. Act 35S5. SEDUCTION, punishment of. Act 3590. SENATE, senatorial districts. Acts 1905-1909. SENATORS, United States: See United States Senators. SENTENCE: See Preston School of Industry; Whittier State School. Parole commissioners, creation of board for parole and govern- ment of prisoners, Act 3806. State prisons: See State Prisons. SEPARATE PROPERTY, married women, of, protection of, Act 2111. SERVANTS: See Master and Servant. SERVICE, mileage for service of papers or process issued outside of county, p. 318. SETTLERS on public lands: See Public Lands. SEWERS, appointment of person to supervise construction and compensation of, p. 1310, § 35. Cities authorized to incur debt to construct sowers. Act 2361. Cities of third class, sewers in, provisions relating to, pp. 814- 816, §§ 531, 532. Cleaning of, p. 1304, § 25. Construction of. Acts 3926, 3930. Construction of proceedings, p. 1303, § 24; pp. 1305-1307, §§ 27-33. Construction of under local Improvement act of 1901, Act 3929. Districts adjacent to cities, establishment and maintenance of. Acts 2343, 3596. Extension and completion of main intercepting sewers, power given supervisors. Act 35!:'5. Sanitary districts for construction of, Act 3349. Supervisors authorized to complete. Act 3960. Supervisors in cities and counties over 100, OoO authorized to complete main intercepting sewers, Act 3311. SHARP, GEORGE F., ordinance authorizing conveyance to rati- fied. Act 3269. SHASTA COUNTY, animals of another, wounding in, punishment of. Act 1593. Boundary line between Shasta and Lassen counties changed and located, Act 821. Boundary line between Shasta and Plumas counties. Act 814. 1698 SHASTA COUNTY — SHERIFFS. County clerk, salary of. Act 3600. District attorney, fees of in. Act 945. Fences in, Acts 11S4, 1135, 1137. Fences in, tearing down of, prevention of. Act 1593. Fires, leaving of, punishment of. Act 1593. Funds, supervisors authorized to transfer swamp land fund to general fund. Act 3601. Highways in. Act 3604. Highway laws in, special, repealed. Act 3605. Hunting on inclosed lands in, prevention of, Act 1593. Inclosures, passing through and leaving open, Act 1593. Millville school district, census of, Act 3544. Records in, transcribing of, Act 3602. Roads in. Act 3604. Road laws, special, repealed. Act 3605. School moneys in, distribution of. Act 3542. Schools, employment of teachers in, Act 3606. Sheriff of, compensation for services as under sheriff, Act 3607. Stallions prevented from running at large in, Act 1063. Taggart, Grant I., authorized to certify and sign certain records. Act 3603. Tramroad companies, incorporation of in, Act 4130. SHASTA, TO^'N OF, hogs prevented from running at large In, Act 3612. SHEEP, commissioner appointed on petition. Act 3621. Commissioner, duties and powers, Act 3621. Commissioner, fees and compensation of. Act 3621. Disease amongst, prevention and eradication of, Act 3616. Dog killing or worrying, liability, p. 343, §§ 4, 5. Herding of, restriction of, Act 3618. Herding of in particular counties: See Particular Title. Infectious and contagious diseases, prevention of. Act 3621. Inspector, appointment and compensation, Act 3620. Inspector, creation of otiice of. Act 3620. Inspector, deputies, appointment and compensation, Act 3620. Inspector, deputies, powers and duties. Act 3620. Inspector, powers and duties. Act 3620. Marks or brands, reports of. p. 120S, § 10. Particular counties, in: See Particular Title. Powers of supervisors to impose license on sheep business limited. Act 1940. Protection of from ravages of dogs and other animals. Acts 181, 3619. Scab, suppression and prevention of. Act 3620. Scab, violation of act for prevention of, punishment. Act 3620. Sheep commissioners, supervisors authorized to appoint. Act 3616. Stray, proceedings in case of, p. 120S, § 12. SHERIFFS, badge of office, supervisors to furnish to sheriff and deputies. Act 3628. Bond of, p. 146, § 66. Bonds of: See Bonds. Compensation for carrying Insane persons or prisoners. Act 3627. SHERIFFS — SIERRA COUNTY. 1699 Coroner, when discharges duties of, p. 1G6, § 147. Deputies, additional, in counties where judges increased, p. 317, Deputies and assistants in various counties: See Counties. Deputies not to practice law or have law partner, p. 146, § 65. Expenses tor property seized on attachment or execution and how paid, p. 318. Expenses for pursuing criminals or transacting business out of county, p. 317. Fees of, generally, p. 409. Insane person, compensation and allowances of sheriff for conveying, p. 318. Justice's court, in: See Justice's Court. Law, not to practice or have law partner, p. 146, § 65. Mileage for service of papers or process issued outside of county, p. 318. Office hours, p. 145, § 61. Outgoing, p. 153, § 103. Particular counties, sheriff in: See Particular Title; see also Counties. Party, service of process where sheriff is, p. 154, § 104. Prisoners, allowance to sheriff for boarding, pp. 317, 318. Prisoners, sherift, compensation and allowances for carrying to state prisons, p. 318. Photographs and de.scriplion of discharged convicts, giving to sheriffs, Acts 738, 2767. Powers, duties and liabilities enumerated, pp. 151-155, §§ 88- 105. Salary of in various counties: See Counties. Supervisors, duties in relation to, p. 135, §§ 27, 29. SHBKMAIV LSLAXU, roads on, protection of, Act 3633. SHIPPING: See Navigation; Yacht Clubs. Buoys and beacons, protection of. Act 435. Duties of masters of vessels in relation to passengers arriving. Act 1587. Mooring to buoys or beacons prevented. Act 4354. Seamen, preventing enticing to desert. Act 3638. Spark catchers, use of on steamers, Act 388S. Throwing overboard of ballast prevented, Act 4354. Wrecks: See Wrecks. SHORT-HAND RKPOUTERS, coroner, stenographer to In cities and cities and counties over 100,000, Act 753. SICK PERSONS: See Paupers. SIERRA COUNTY, animals of another, wounding in, punishment of. Act 15!j3. Assessor, ex-oflicio treasurer, Act 3C47. Fees of officers of, Act 3643. Fences in, tearing down of, prevention of. Act 1593. Fires, leaving of, punishment of, Act 1503. Fish, protection of in, Acts 1331, 1332. Hunting on inclosed lands in, prevention of, Act 1593. Inclosures, passing through and leaving open. Act 1593. Officers of, fees and salaries of, Act 3643. Road districts. Act 3644. 1700 SIERRA COUNTY — SOLANO COUNTY. Road in Sierra and Plumas counties, right to construct. Act 3653. Road overseers, Act 3644. Road poll tax. Act 3645. Stallions prevented from running at large in. Act 1063. Taxes for county purposes, supervisors to levy. Act 3646. Treasurer, of, Act 3648. Treasurer, asses.sor ex-oflacio is. Act 3647. SIGNALS, mining: See Mines and Mining. SIGNATURES, ex-ofiQcio officers, signatures of. Act 2550. SILK CULTURE, state board of, establishment of. Acts 3658, 3659. SISKIYOU COUNT iT, animals of another, wounding in, punish- ment of. Act 1593. Assessors to pay deputies in. Acts 255, 4062. Bonds issued to by 2>Iodoe County, semi-annual payment of principal and interest. Act 2262. Boundary line between Humboldt County and counties of Del Norte and Siskiyou, Acts S22, 90a. Pees, in. Act 3664. Fences in. Acts 1134, 1135. Fences in, tearing down of, prevention of. Act 1593. Firemen, exemption of from poll tax. Act 4063. Fires, leaving of, punishment of. Act 1593. Fish, preservation of in. Act 1333. Hunting on inclosed land in, prevention of. Act 1593. Inclosures, passing through and leaving open, Act 1593. Marks and brands in. Act 3G66. Name of Rough and Ready changed to Etna, Act 3033, Officers, fees and salaries of. Act 3665. School moneys in, apportioning. Act 3539. Scott's Valley school district, trustees authorized to borrow money, Act 3546. Southern boundary of, survey of, Act 816. Stallions prevented from running at large in. Act 1063. Thistle, propagation prevented in. Act 3667. Water commissioners for. Act 3667, SLANDER, bond for costs in. Act 1931. SLAVERY, coolie slavery, prevention of. Act 591. SMITH, MYRON, title of certain swamp lands to, and J. P. Counts confirmed. Act 4025. SMITH RIVER, navigability. Act 3672. SNELLING, Merced County, supervisors authorized to sell court house block and buildings in. Act 2192. SOCIETIES, society for prevention of cruelty to children, incor- poration of. Act 1618. See Associations ; Unincorporated Societies. SOLANO COUNTY, agricultural interests, developing. Act 3677. Auditor, duties and compensation of. Act 3684. Auditor, recorder ex-officio is, Act 3682. Branch county jail, establishing and maintaining. Act 3680. Canal, construction of in Colusa, Solano and Tolo countiei^ Acts 531, 3677, 4449. SOLANO COUNTY— SONOMA COUNTY. 1701 County clerk, duties and compensation of, Act 3684. County seat, location of.. Act 3678. District attorney, duties and compensation, Act 3684. Fences, division, in. Act 1138. Highways in, Act 3679. Notaries, additional, for. Act 3681. Officers of, salaries of, regulation of. Act 3683. Recorder ex-officio auditor, Act 3682. Records of, legalizing. Act 36S6. Records of, transcribing of authorized, Act 3687. Road tax, supervisors to levy. Act 36S5. Sheriff, duties and compensation of. Act 3684. Sonoma and Solano counties, certain records of transcribed to Napa County, Act 2404. Supervisors authorized to approve petitions to form reclama- tion districts, Act 2971. Suscol rancho, title to lands in quieted. Act 3688. Trespassing of animals in, Act 1071. Water commissioners for. Act 4365. Waters, overseer to regulate, Act 4365. Woods Island, Sacramento County, annexed to Rio Vista school district, Act 3540. Yolo and Solano canal district, formation of to protect lauds from overflow by Putah Creek, Act 2905. SOLDIKRS a:\D SAILORS: See National Guard; Veterans' Home. Burial of ex-union soldiers, sailors and marines dying without means, Act 3693. Claims against state of soldiers serving in Indian wars, audit- ing and examining. Act 1607. Homes for widows, orphans and army nurses. Act 3694. Liquors, fale of in vicinity of soldiers' home, prevention of. Acts 1692, 3696. Pension matters, no fees to be charged. Acts 829, 1122 ; p. 321, § 227. Preference m public service to ex-union soldiers, sailors and marines, Acts 2893, 36G5. Revision of records and publication of. Act 520. SOm TRADERS, married women authorized to do business as. Act 2108. SONOMA CITY, boundaries of, Act 3704. Commissioners to carry into effect act validating acts of former commissioners. Act 3703. Conveyances of certain pueblo lands confirmed, Acts 3701, 3702. Incorporation of, Act 3704. SOKOMA COL'XTV, animals, pound districts in. Act 3713. Apportionins school moneys in. Act 3530. Court houso school district, re-establishment. Act 3547. Fees of officers. Act 3711. Fees of recorder. Act 3700. Fees of sheriff, Act 3709. Fees of surveyor of. Act 3722, Fence districts in. Act 3713. 1702 SONOMA COUNTY — SQUIRRELS. Fences, division, in. Act 3712. Fences, division, in lines of counties bordering of. Act 3712. Growing timber on private grounds, destruction of prevented. Act 1577. Highways in. Acts 3719, 3720. Hunting on private inclosed grounds in, prevention of. Act 1577. Notaries, additional, for. Acts 2501, 3715. Notary to reside at Cloverdale. appointment of. Act 3714. Officers of, fees and salaries of. Acts 3710, 3711. Pound districts in. Act 3713. Recorder of, fees of. Act 3709. Records, foreign, in, translation of. Act 371S. Records, foreign, translations of, evidence. Act 3718. Records in, transcribing of. Acts 3716, 3717. Right of way through lands of home for feeble minded children granted to supervisors of. Act 1112. Roads in. Acts, 3719, 3720. Sheep, restricting the herding of. Acts 3617, 3721. Sheriff of, fees of. Act S709. Sonoma and Solano counties, certain records of transcribed to Napa County, Act 2404. Stallions prevented from running at large in. Act 1063. ' Supervisors granted authority to change location of highway through home for feeble minded children. Act 1112. Surveyor of, fees of. Act 3722. Treasurer's office, counting of cash in. Act 3723. SONOMA CRREK, flsh, prevention of destruction of in. Act 1329. S0N03IA RIVER, navigability of. Acts 3728, 4358. SONORA, fire department of, establishment of. Act 3734. Reincorporation, Act 3733. SONORA AND MONO WAGON ROAD, part of, declared a state highway, Act 1453. SOUTHERN CALIFORNIA INSANE ASYLUM: See Insane. SOUTHERN CALIFORNIA RAILWAY CO., granted right of way over asylum grounds in San Bernardino Coimty, Act 2923. SOUTHERN PACIFIC RAILROAD COMPANY, congressional act authorizing change in line of road, giving effect to. Act 3739. SPANISH-AMERICAN 'WAR, rights of members of National Guard serving in. Act 2429. SPANISH GRANTS, preservation of papers relating to Spanish land claims. Act 3744. SPARK CATCHERS, use of on steamers. Act 3888. SPECIAL ELECTIONS, acts concerning. Act 1019. SPECIAL PARTNERSHIP, formation of. Act 2624. SQUIRRELS, destruction of. Acts 186. 187, 188. Destruction of in particular counties: See Particular Title, STABLE KEEPERS — STATE. 1703 stable: keepers, lien on livestock kept, fed or pastured, Act 1947. STAliLiIONS, limits for keeping of unless inclosed from view. Act 3749. Particular counties, in: See Particular Title. Prevention of running at large in various counties. Act 1063. STAMPS: See Labels; Marks and Brands. STANFORD XJIVIVERSITY, exemption of certain property from taxation. Act 3754. Seal, Act 3755. Trustees granted corporate powers and privileges, Act 3755. Trustees, organization, by-laws, etc.. Act 3755. STANISLAUS COUNTY, agriculture, protection of. Act 3760. Animals, trespassing of, distraining of. Act 3760. Animals, trespassing of, on private property, prevention of, Act 1069. Coroner in, Act 3763. County clerk and recorder, separation of ofiBces of. Act 3764. Ferry, establishment of in, on San Joaquin River, Act 3761. Funds, swamp land funds, transfer of to general fund, Act 3769. Gophers in, destruction of. Act 186. Highway, establishing on San Joaquin River, Act 3761. Public administrator in. Act 3763. Recorder and county clerk, separation of oflBces of. Act 3764. Road poll taxes, collection of. Act 3768. Salaries of certain ofiicers of. Act 3764. Squirrels in, destruction of. Acts 186, 187, 3765. Stallions prevented from running at large in, Act 1063. Superintendent of schools in. Acts 3763, 3766. Superintendent of school, office for. Act 3767. Treasurer of, salary of. Act 3770. Witnesses' fees in. Act 3771. STANISLAUS RIVER, public ford across and public road to. Act 3776. STATE, actions against, authorized. Act 3791. Actions against for bounties on coyote scalps authorized. Act 3792. Actions against to quiet title to certain land authorized. Act 3793. Actions against, procedure in. Act 3791. Assent to reservation by congress for public park. Act 3785. Assent of, to act of congress applying proceeds of public land for college. Acts 634, 3786. Attorney-general authorized to bid in property on Judgment in favor of state. Act 265. Bonds, board of commissioners to issue to pay funded indebt- edness, creation of. Act 381. Bonds held in trust for university and school funds, payment of Interest on. Act 374. Bonds of officers, premium on to be paid by act. Acts 379, 2544. Bonds, redemption and payment of funded indebtedness, Acts 375, 380, 381. 1704 STATE. Boundaries, correction, deflning and establishment of eastern boundary, Acts 397, 398, 3780. Bowman, James, interest of state in water lot quitclaimed to successors of. Act 4028. Claims against, suits against state authorized, Act 3791. Claims against, suits against, procedure in, Act 3791. Claims against, Roo;rt C. Ball authorized to sue state. Act 3788. Claim of A. J. Bourn against state, appropriation to pay. Act 3787. Claims against, Coulterville and Tosemite Turnpike Company authorized to sue state. Act 3789. Claims against, Melone, Love, and Green authorized to sue state. Act 3790. Claims against of soldiers serving in Indian wars, auditing and examining, Act 1607. Claims of counties against, allowance, settlement and payment of. Act 799. Commissions for collection of taxes, county not to bring suit for, Act 4049. Commissions for collection of taxes, payment for, prohibited, Act 4050. Costs in actions where state a party. Act 3781. Costs of trials of persons violating fish laws paid by. Act 1335. Debts in excess of appropriation, prohibited. Act 2826. Donations to, receipt and appropriation of. Acts 1355, 2338, 3782. Federal government, consent of to purchase for public purposes. Act 4212. Federal government, conveyance of and cession to, of lands for light-houses. Act 1956. Federal government, jurxtdiction over certain lands ceded by state to. Act 37S4. Federal government, lands ceded to, jurisdiction of state over. Act 1956. Federal government, release of certain lands to United States, Act 37S3. Federal government, relinquishment to, of lands required for military or naval purpose?, Acts 3S2r». 4214. Forest reservations, courent of state to. Act 2SS3. Hours of labor: See Hours of Labor. Humboldt Bay, attorney-general and governor authorized to purchase certain lands in for state. Act 1553. Inventory of state and county property. Act 1697. Judgment in favor of state to better enable collection of. Act 265. Non-insuranee of property belonging to, Act 1669. Perry, Sallie C, claim of state to certain tract quitclaimed to. Act 4030. Public buildings: See Public Buildings. Public works: See Public Works. Right of way from Atlantic to Pacific granted to United States, Act 4213. Sale of interest in property within water-front line of San Francisco, Acts 3336, 3337. STATE— STATE PRISONS. 1705 Secretary of: See Secretary of State. Title to certain swamp lands to J. P. Counts and Myron Smith confirmed, Act 4025. War debt of, redemption of. Act 2823. STATE AGRICULTURAL SOCIETY: See Agriculture. STATE ANALYST. Analyzing mineral waters, drugs and foods. Act 3799. Appointment and duties of. Act 3799. STATE BOARD OF EXAMINERS: See Board of Examiners. STATE BOARD OF HEALTH, attorney for, and for board of health of San Francisco, Act 2S31. Authorized to purchase and manufacture diphtheria anti-toxin. Act 2837. See Public Health. STATE CAPITOL, bonds, issuance of, for, Act 3805. Drinking fountains in, construction and maintenance of, Act 538. Employees at. Act 3806. Janitor, duties and salary of. Act 537. Location of at Sacramento, Act 3S04. Sale of intoxicating liquors prohibited in, Acts 536, 1691. STATE CONTROLLER: See Controller. STATE ENGINEER. Bridges across navigable streams, duties and powers in relation to: See Bridges. Creation of office of. Act 3811. STATE GEOLOGICAL SURVEY: See Geological Survey. STATE HARBOR COMMISSIONERS: See Harbor Commission- ers. STATE LANDS: See Public Lands. STATE LIBRARY. Attorney-general, state librarian to furnish with law books. Act 266. Mineral cabinet, establishment of, in. Acts 2205, 3844. Removal of mineral cabinet from state library to Crocker art gallery. Act 2206. STATE MINING BUREAU, establishment and maintenance of. Acts 2211-2213. STATE PRINTER, act relating to, Act 3819. Governor's mansion fitted up for state printing office, Act 1383. State printing office, establishing. Act 3850. Statutes of California, superintendent authorized to prepare and print. Act 1598. STATE PRISONS: See Prisons. Acknowledgments of deeds and instruments by prisoner. Act 2764. Arrest, trial, recommitment and punishment of convicts who have escaped, Act 1041. Branch, location of. Act 2761. Coroner's inquest in state prison, costs of, Acts 783, 2070, 3859. Costs of trial of escaped convicts, Acts 736, 783, 3859. Employment of prisoners on roads. Acts 2773, 2774, 3862. Gen. Laws — 72 1706 STATE PRISONS — ST. HELENA. Folsom, branch prison at, erection and maintenance of, ict 3857. Folsom, erection of branch prison at. Act 2760. Folsom. erection of building for insane prisoners. Act 2769. Folsom, rock-crushing plant, regulation of and sale of proceeds. Act 2772. Folsom, sewerage system at. Act 2771. Government of state prison convicts, Act 2761. Grain bags, manufacture and sale of, Act 2766. Hemp, directors to purchase California grown hemp. Act 2766. Highway material, preparation of, at. Acts 2765, 3860. Inmates not to make articles for officers. Act 2551. Inquests in, payment of expenses of. Act 750. Insane prisoners, costs of inquiry into sanity of convict a state charge. Act 2070. Insane prisoners, erection of building for. Acts 2769, 2770. Jute goods, fund for purchase of, to be manufactured at. Act 1763. Jute goods, price and conditions of sale of. Act 1764. Parole commissioners, creation of board for parole and govern- ment of prisoners. Act 3866. Parole commissioners : See Parole Commissioners. Prisoners, cutting hair of. Act 3863. Regulation and government of. Acts 2762, 2763, 3855, 3856. Rock-crushing plants at, regulation, government and disposi- tion of proceeds. Acts 2765, 3S60, 3861. San Quentin, workshops and prison buildings at, appropriation for. Act 3858. Separation of children from adults, Act 1769. Sheriffs and chiefs of police to be furnished descriptions and photographs of prisoners. Act 738. Sheriff, compensation of, for carrying prisoners to. Act 3627. STATE ROSTER, compilation, printing, binding, publishing and distribution of, Act 349. STATE TREASURER: See Treasurer of State. STATE UNIVERSITY ! See University of California. STATE VETERINARIAN, creation of office of. Act 180. STATISTICS. Bureau of labor statistics, establishment and sup- port of. Act 1S28. STATUTE OF t.I3IITATIONS. BanV:s and trust companies, no limitations against. Act 3877. Certificates of deposit, action for after death, limitation on. Act 3876. Counties, actions on claims against, p. 141. § 43. STATUTES. All laws prior to 1850, abolition of, Act 3882. Index to statutes, compiling, printing and distribution of. Act 515. Statutes, superintendent of state printing to prepare and print index of. Act 1598. Time of taking effect of, Act 3883. STEAMBOATS. Spark-catchers, use of on steamers. Act 38 SS. ST. HELENA, incorporation of. Act 3894. STOCK— STREETS. 1707 STOCK. Certificates of stock, tax on issue of, Act 4038. STOCKTON, assessor, additional powers of. Act 3900. Canal along North Street to San Joaquin River, construction and maintenance. Act 3904. Charter of. Act 3899, note. Inundation, city council empowered to protect city from, Act 3901. Mining corporation of, protection of. Act 2239. Mormon Slough, excavating, widening and opening, Act 3902. Ordinance No. 64, authorizing receipt and disposal of certain land, ratified, Act 3903. Reincorporation of, Act 3899. STOCKTON INSANE ASYLUM: See Insane. STOCKTON SLOUGH. Navigability, Acts 3909. 4358. STORAGE: See Warehouses. STRAWBERRY VALLEY, location of village of defined. Act 3914. STREAMS: See Waters. STREET RAILWAYS: See Railroads. Franchises, sale or granting of, Acts 1230-1232. Franchises for, time for granting, limiting time fior. Act 1233. Franchises to construct railroads beyond city limits to public parks, Act 2930. Generally, Act 3920. Overcharges, penalty for, Act 3919. Tickets, duty to provide. Act 3919. STREETS. 1. Generally. Z. In cities organized under Municipal Corporation Bill. 3. Improvements under Local Improvement Act of 1901. 4. Improvements under act of 1003, providing for formation of districts. B. Improvements under act of 1889 (repealed as to cities over forty thousand ). 6. Improvements under act of 1893, relating to cities of forty thousand or over. 7. Improvements under the General Street Law of 1885. 1. Generally. Assessments, delinquent, redemption of, regulation of. Act 3933. Assessments, delinquent, sales, regulation of. Act 3933. Bonds, street improvement bonds, system of, Act 3932. Boulevards, cities and cities and counties authorized to main- tain. Act 2879. Gravel beds and quarries, operation of »by city for repair ol streets, Act 2365. Hedges along lines of streets. Act 3925. Improvement of. Act 3926. Ijighting of streets, letting of contracts for, Act 2340. Trees, growing, protection of. Act 1402. Trees, planting, maintaining and care of. on. Act 3925. 1708 STREETS. 2. In cities organized under Municipal Corporation Bill. Cities of first class not liable for injuries in streets, p. 691, § 87. Cities of first class, public, definition of, in, p. 677, § 66. Cities of first class, street fund in, p. 694, subd. 6. Cities of first class, superintendent, deputies of, and salaries of, p. 652, subd. 12. Cities of first class, superintendent, duties and liabilities, p. 711, § 136. Cities of first class, superintendent, salary of, p. 652, subd. 12. Cities of first class, supervisors, power over and improvement of, in, p. 663, subd. 2 ; p. 666, subd. 26 ; pp. 677-693, §§ 66-89. Cities of second class, injuries in, liability for, p. 792, § 376. Cities of second class, opening new streets, p. 7S2, § 332. Cities of second class, opening, widening and extending streets, provisions governing, pp. 783-790, §§ 334-357. Cities of second class, superintendent, duties of, p. 792, §§ 374 375. Cities of second class, superintendent, effect of records of, p. 792, § 373. Cities of second class, superintendent, salary of, p. 773, §.307. Cities of second class, superintendent, office of, p. 792, § 374. Cities of third class, improvements in, provisions governing, pp. 814-816, §§ 531, 532. Cities of third class, superintendent, salary of, p. 807, § 506. Cities of fourth class, commissioner, powers and duties of, p. 854, § 678. Cities of fourth class, commissioner, salary of, p. 831, § 609. Cities of fourth class, commissioner, deputies of, p. 852, § 672. Cities of fourth class, improvement of, provisions relating to, p. 841, §§ 629, 630. Cities of fourth class, public, what are, p. 840, § 627. Cities of fourth class, commissioner, bond of, p. 830, § 607. Cities of fourth class, commissioners, election and term of of- fice, p. 82S, § 602. Cities of fifth class, street improvements in, pp. 878, 879, §§ 771, 772. Cities of sixth class, street work in, pp. 903, 904. §§ 869, 870 S. Improvements under Local Improvement Act of 1901. Abandonment of work, p. 1275, § 19. Assessments, action to contest and appeal in, p. 1269, § 9. Assessments, day of payment and notice of, p. 1270, § 12. Assessments, deferred payments, p. 1270, § 13. Assessments, delinquent, sale of property, pp. 1270, 1271, §§ 13, 14. Assessments, excess, refunding, p. 1278, § 21. Assessments, levy of, p. 1267, § 5. Assessments, sale, redemption of property, p. 1272, §§ 15, 16. Assessments, second, p. 1276, § 26. Assessments, special, lien of, p. 1276, § 22. Assessments, special, lien of, notice of, p. 1276, § 22. Assessments, special, protest not allowed, p. 1276. § 21. Assessments, when becomes lien, p. 1267, § 5 ; p. 1269, S 8. STREETS. 1709 Bonds, limit on rate of interest, p. 1267, § 5. Contracts for work, letting on bids, p. 1274, § 19. Contracts for worli, wtiat to provide, p. 1274, § 19. Effect of act on prior acts, p. 1274, § 25. Engineer, report of, adopting, p. 1267, § 5. Engineer, report of, p. 1266, § 4. Engineer's report, resolution adopting, what to contain, p, 1267, § 5. Engineer, worlc to be referred to, p. 1265, § 3. Funds, excess, refunding, p. 1276, § 21. Local improvement bonds, form, issuance and sale, p. 1272, § 18. Local improvement bonds, sale of and disposal of proceeds, p. 1S72, § 18. Map and list, recording, p. 1269, § 11. Map and list, transmitting to tax collector, p. 1269, § 10. Minority frontage, improvement, procedure, p. 1277, § 23. Notice of improvement, posting of, p. 1268, §§ 6, 7. Objection to improvements, p. 1268, § 7. Open streets, what deemed to be, p. 1265, § 1. Power to order work to be done, p. 1265, § 1. Protest against second assessment not allowed, p. 1274, § 20. Resolution adopting engineer's report, what to contain, p. 1267, § 5. Resolution adopting report, setting aside, modifying, etc., p. 1269, § 8. Tax collector, funds collected by to be paid to treasurer, p, 1272, § 17. Tax collector, report of, p. 1272, § 18. Work, application for acceptance of, p. 1274, § 19. Work, commencement and completion, p. 1276, § 19. Work, payment not to be made until accepted, p. 1275, 8 19» Work, supervision of, p. 1274, § 19. 4. Improvements under act of 1903, providing for formation of districts. Alternative method of improvement, provides, p. 1264, § 36. Assessments, delivery to superintendent, p. 1257, § 20. Assessments, delinquent, p. 1258, §§ 22 et seq. Assessments, description in, p. 1256, § 17. Assessments, errors or mistakes, p. 1256, § 17. Assessments, finality and conclusiveness of, p. 1257, § 19. Assessments, form of, p. 1256, § 17. Assessments includes what expenses, p. 1256, § 16. Assessments, lion, when attaches, p. 1257, § 20. Assessments, name of owner, p. 1256, § 17. Assessments, notice of, p. 1257, §§ 18, 20. Assessments, notice 'to pay, p. 125S, § 22. Assessments, objections to, hearing of and decision, p. 1257, §§ 18, 19. Assessments, payment of, p. 1258, § 22 ; p. 1259, § 24. Assessments, payment of collections to city treasurer, p. 1262, § 30. Assessments, payment by offset, p. 1258, § 21. Assessments, recording, p. 1257, § 20. 1710 STREETS. Assessments, redemption, p. 1261, §§ 27, 28. Assessments, sale for, p. 1259, §§ 23 et seq. Assessments, sale for, deed on, pp. 1261, 1262, §§ 28, 29. Assessments, supplementary, p. 1263, § 32. Assessments, surplus, disposal of, p. 1263, § 32. Assessments to be written, p. 1256, § 17. Awards, payment of, p. 1262, § 31. Condemnation, payment of awards, p. 1262, § 31. Condemnation proceedings, pp. 1253-1255, §§ 5-15 ; p. 1262, S 81. Construction, liberal, to be given act, p. 12C5, § 37. Definition of terms used in statute, p. 1263, § 33. Effect of statute on prior act, p. 1264, § 36. Notice, posting and publication of, p. 1252, § 3. Notice, posting of where no newspaper, p. 1264, § 34. Notice, what only need be given, p. 1264, § 34. Notice, proof of publication and posting, p. 1264, § 35. Order for improvement, p. 1253, § 5. Ordinance declaring intention and describing improvement and district, p. 1251, § 2. Powers of supervisors over streets, p. 1251, § 1. Protests against improvement and district, p. 1252, § 4. Surplus, disposal of, p. 1263, § 32. 6. Improvements under act of 1889 (repealed as to cities over forty thousand). Act liberally construed, p. 1250, § 25. Assessment roll, what constitutes, p. 1244, § 15. Assessments, p. 1242, §§ 9 et seq. Assessments, become lien when. p. 1244, § 15. Assessment, notice as to payment, p. 1245, § 16. Assessments, payment and delinquency, p. 1245, § 16. Assessments, sale, redemption, deed, p. 1245, § 16. Assessments, supplementary, p. 1248, § 20. Commissioners to assess benefits and damages, p. 1241, § 6 et seq. Definitions of terms used in act, p. 1245, § 23. Notice of improvement, posting and publishing, p. 1240, § 3. Notice of filing of plat and report, p. 1244, § 13. Notices, posting of when no nev.-spaper, p. 1249, § 23, subd. 2. Notices, proof of posting or publishing, p._ 1249, § 23, subd. 2. Notices, what only necessary, p. 1250, subd. 8. Objections to improvemeTits, p. 1240, § 4. Objections to improvement, hearing and decision on, p. 1241, § 5. Objections to report, p. 1244, § 13. Overseers, designation of, p. 1243. § 12. Payments, how made, p. 1242, § 8. Payment for land and improvements, condemnation proceedings on refusal, pp. 1247, 1248, §§ 18, 19. Payment for land and improvements, when and how made, p. 1246, § 17. Plat of asses.=ment district, p. 1243. §§ 10 et seq. Proceedings commenced before passage of act, how continued, p. 1250, § 24. STREETS. 1711 Proceedings when boundaries of district affect whole city, p. 1249, § 22. Publications, what only necessary, p. 1250, subd. 8. Report of commissioners, p. 1243, §§ 10 et seq. Resolution of intention to perform street worli, p. 1240, § 2. Superintendent, copy of report, assessment and plat to be sent to, p. 1244, § 15. Superintendent, duty on receiving report, p. 1245, § 16. Supervisors, general power over streets, p. 1239, § 1. Surplus funds, disposal of, p. 1248, § 20. Title, defective, proceedings in case of, p. 1248, § 21. Unknown owners, when set down to, p. 1243, § 12. "Viewing land and examining witnesses, p. 1242, § 9. Warrants, p. 1242, § 8. 6. Improvements under act of 1893, relating to cities of forty thousand or over. Assessment roll, p. 1325, § 15. Assessments, collections, disposal of, p. 1325, § 16. Assessments, delinquent, p. 1325, § 16. Assessments, how apportioned, p. 1323, § 9. Assessments, lien, when becomes, p. 1325, § 15. Assessments, notice of time of payment and delinquency, p. 1S25, § 16. Assessments, payment, p. 1325, § 16. Assessments, penalties, p. 1325, § 16. Assessments, sale of property, redemption, deed, p. 1325, § 16. Board of audit, who constitute, and duties of, p. 1329, § 22. Claims, allowance and payment, p. 1329, § 22. Commissioners, appointment, duties, term of office and compen- sation, p. 1321, § 6. Commissioners, board of public works to act as, p. 1321, § 6. Commissioners, bond of, p. 1321, § 6. Commissioners, conflicting claims or titles, proceedings in case of, p. 1324, § 12. Commissioners, otfices and employees, p. 1322, § 7. Commissioners, report and diagram, pp. 1323, 1324, §§ 10, 11. Commissioners, report, asssessment and plat, copy to be sent superintendent, p. 1325, § 15. Commissioners, report, errors or irregularities, effect of, p. 1324, § 12. Commissioners, report, filing and notice of, p. 1324, § 13. Commissioners, report, objections to, hearing of and decision, p. 1324, § 14. Commissioners, report, time to file, p. 1324, § 14. Commissioners, viewing land and determining value, p. 1323, { 8. Damages, notice of award and payment, p. 1327, § 17. Damages, refusal to accept, proceedings on, p. 1327, § 18. Definition of terms used in act, p. 1328, § 21. Expenses of improvement, what part of, pp. 1322, 1323, SS 8k 0« Notice, posting and publishing, p. 1320, § 3. Notices, posting of where no newspaper, p. 1328, S 2. Notices, proof of publication or posting, p. 1328, § 2. Objection by majority stops work, p. 1321, § 5. Objection, hearing and decision, p. 1321, § 5. 1712 STREETS. Objection, sustaining of, new proceedings, ■when may be com- menced, p. 1321, § 5. Objection to improvement, p. 1320, § 4. > Power of city council, p. 1320, § 1. Payments, liow made, p. 1322, § 8 ; p. 1325, § 16. Resolution of intention, p. 1320, § 2. Superintendent, appointment of ofacer, in cities without, p. 1329, subd. 4. Title, defective, proceedings in case of, p. 1328, § 20. Warrants, p. 1322, § 8. Warrants, payment of, p. 1328, § 19. 7. Improvements under the General Street i^aw of 1885. Abandonment, expense borne by city, p. 1284, § 5. Acceptance of streets, p. 1302, § 20. Accepted streets, repair of, p. 1302, § 20. Assessments, action on, attorney's fee, p. 1297, § 12. Assessments, action on, evidence, p. 1297, § 12. Assessments, actions on, judgment and appeal, p. 1297, § 12. Assessments, action on, right of, p. 1297, § 12. Assessments, action on, sale and redemption, p. 1297, § 12. Assessments, action on, service where owner cannot be found, p. 1297, § 12. Assessments, action on, where brought, p. 1297, § 12. Assessments, appeal to city council, p. 1296, § 11. Assessments, appeal, hearing and determination, p. 1296, § 11. Assessments, apportionment where city pays part of expenses, p. 1304, § 26. Assessments, defect in proceedings, effect of, p. 1296, § 11. Assessments, diagram, p. 1293, § 8. Assessments and diagram, recording, p. 1294, § 9. Assessments, diagram and warrant, delivery to contractor, p. 1294, § 9. Assessments, power of, p. 1293, § 8. Assessments, how apportioned, p. 1288, § 7. Assessments, irregular, second assessment, p. 1294, § 9. Assessments, lien, failure to return warrant, effect on, p. 1294, § 10. Assessbients, lien of, when attaches, p. 1294, § 9. Assessments, proportionate, on completion of part of work, p. 1298, § 121.0. ■ Assessments, second, lien of, p. 1294, § 9. Assessments, superintendent's authoritj' to receive payment, p. 1294, § 10. Assessments, superintendent to make, p. 1293, § 8. Assessments upon lands within a district, p. 1292, subd. 12. Bond of contractor, p. 1284, § 5. Bond to secure claims for labor, materials, etc., p. 1287, § 61.^. City pays expenses in excess of one half assessed valuation, p. 1280, § 3. Completion, failure of, reletting unfinished work. p. 1284, § 5. Construction, liberal, of act, p. 1297, § 12 ; p. 1319, § 53. Contract, bidder to advance cost of publications, p. 1284, § 5. Contract, bids, consideration of and rejection of, p. 1284, § &. Contracts, bids of former bidders rejected when, p. 1284, § 5. STREETS. 1T13 Contract, iond of contractor, p. 1284, § 5 Contract, election of owners to take work, p. 1284, § 5. Contract, failure (/£ owners or bidder to enter into new bids, p. 1284, § 5. Contract, failure to enter into contract, forfeiture of check, p. 1284, § 5. Contract, bids, bow made, p. 1284, § 5. Contract, notice calling for proposals, p. 1284, § 5. Contract, notice of award of, p. 1284, § 5. Contract, provisions in, p. 1287, § 6. Contract, superintendent, powers in relation to, p. 1287, § 6. Costs and expenses, payment of by city, p. 1304, § 26. Cross-walks or sidewalks, power of council over, pp. 1303, 1304, §§ 24, 25. Culverts, cesspools, sewers, manholes, etc., power of council over, pp. 1303, 1304, §§ 24, 25. Definition of terms used in act, p. 1307, § 34. District assessed, diagram of, p. 1292, subd. 12. District, assessment of land within, p. 1292, subd. 12. Election of owners to take work, p. 1284, § 5. Engineering work, who to perform and compensation, p. 1307, § 34. Estimate of expenses by city engineer, p. 12S0, § 3. Expenses exceeding one half assessed value, city pays excess, p. 1280, § 3. Grades, changing or modifying, power of supervisors, p. 1310, § 38. Grades, changing, assessment becomes a lien, when, p. 1315, § 48. Grades, changing, assessment, collections, disposal of, p. 1316, § 49. Grades, changing, assessment, delinquent, p. 1316, § 49. Grades, changing, assessment, manner of, p. 1315, § 47. Grades, changing, assessment, notice of time of payment, p. 1316, § 4y. Grades, changing, assessment, payment, penalties, p. 1316, § 49. Grades, changing, assessment roll, p. 1315, § 48. Grades, changing, assessment, sale, redemption and deed, p. 1316, § 49. Grades, changing, assessment when due, p. 1315, § 48. Grades, changing, commissioners to assess damages, who con- stitute, p. 1312, § 40. Grades, changing, commissioners, oaths of, p. 1312, § 41. virades, changing, commissioners, powers of, p. 1312, § 42. Grades, changing, commissioners, reports and diagram, pp. 1312, 1313, §§ 44, 45. Grades, changing, contracts, how entered into, pp. 1313, 1315, §§ 46, 47. Grades, changing, damages, condemnation proceedings on re- fusal to accept, p. 1318, § 51. Grades, changing, damages, assessment of, p. 1312, § 43. Orades, changing, damages, notice of award of, p. 1317, § 50. Grades, changing, errors or irregiilarities, effect of, p. 1313, §46. Grades, changing, notice of and publication of, p. 1310, § 38. Grades, changing, objections to, p. 1310, § 38. 1714 STREETS. Grades, changing, petition for damages, p. 1311, § 39. Grades, changing, petition for, p. 1310, § 39. Grades, changing, report, assessment and plat, copy to be sent supeiiiitendent, p. 1315, § 4S. Grades, changing, report, objections to hearing and determina- tion, p. 1313, § 46. Grades, changing, resolution of intention, p. 1310, § 38. Injuries from defects in, liability for, p. 1303, § 24. Laborer, bond to protect, and claims of, p. 1287, § 6^. Lessee, liability of and rights on payment, p. 1301, § 17. Materialman, bond to protect and claim of, p. 1287, § 6^. Kotice, how served, p. 1301, § 19. Notice of street work, posting, p. 1280, § 3. Objections to work, p. 1280, § 3. Open public streets, what deemed to be, p. 1279, § 1. Owners doing work other than grading, and rights in, p. 1292, subd. 10. Owners, ri2iit to grade and allowance for grading, p. 1291, subd. 10. Owner, who deemed to be, p. 1301, § 16. Performance, supervisors may prescrib» rules as to, p. 1287, § 6. Performance, to be to satisfaction of superintendent, p. 1287, § 6. Petition for street work, p. 1284, § 4. Posting, necessity of and proof of, p. 1308, subd. 4. Posting, when permitted and how made, p. 1308, subd. 4. Power of supervisors over, p. 1279, § 1. Publications, necessity of, how made, p. 1308, subd. 4. Publication, proof of, p. 1308, subd. 4. Records of superintendent, effect of, p. 1301, § 18. Records of superintendent open to public, p. 1301, § 18. Repair, injuries from want of, liability for, p. 1303, § 23. Repair of accepted streets, p. 1302, § 20. Repairs, action against owner by person making, p. 1300, § 14. Repairs, notifying owner to make, p. 1299, § 13. Repairs, penalties for failure to make, prescribing, p. 1300, § 15. Repairs, power of city council over, pp. 1303, 1304, §§ 24, 25. Repairs, proceedings where owner fails to make, p. 1299, § 13. Resolution of intention, p. 12S0, § 3. Resolution of intention, excluding excepted work, p. 1292, subd. 11. Resolution of intention, what may include, p. 1292, subd. 11. Sewers: See Sewers. Superintendent, appointment of person to supervise work, and compensation of, p. 1310, § 35. Superintendent authorized to make contracts, p. 1287, § 6. Superintendent, bond of, p. 1303, § 22. Superintendent, duties and liabilities generally, pp. 1302, 1303, §§ 21, 22, 23. Superintendent, duty where repairs are needed, p. 1299, § 13. Superintendent, oaths, may administer, p. 1301, § 19. Superintendent, office of, p. 1302, § 21. Superintendent, records of, effect of, p. 1301, § 18. Superintendent, records open to examination, p. 1301, § 18. STREETS — SUPERIOR JUDGES. 1715 Superintendent to fix time for commencement and completion, p. 12S7, § 6. Superintendent, time, extension of, p, 1287, § 6. Superintendent to receive bonds, p. 12S7, § 6. Superintendent, work to be to satisfaction of, p. 12S7, § 6, Supervisors acquire jurisdiction, wlien, p. 12S0, § 3. Supervisors may order streets improved, p. 1279, § 2. Supervisors, powers over streets, p. 1279, § 2. Surveying and engineering work, wlio to perform, and com- pensation, p. 1307, § 34. Surveys, record of, p. 1307, § 34. Time for commencement and completion of work, p. 1287, J 6. Time for completion, extension of, p. 1287, § 6. Warrants, delivery to contractor, p. 1294, § 9. "Warrants, demand of payment, p. 1294, § 10. Warrants, demand of payment where owner cannot be found or unknown, p. 1294, § 10. Warrants, failure to return, effect on lien, p. 1294, § 10. Warrants, form of, p. 1294, § 9. Warrants, interest on, p. 1294, § 10. Warrants, payment, receipt, p. 1204, § 10. Warrants, recording, p. 1294, § t>. Warrants, return of to superintendent, and proceedings on, p. 1294, § 10. Warrants, superintendent's authority to receive payment, p. 1294, § 10. STRIKES. Misrepresentations of conditions of employment a mis- demeanor, Act 2140. SUBPOENAS, costs for serving. Acts 782, 1120. SUBTERRANEAN M'ATERS. Artesian wells, regulation of use of, Act 4356. Prevention of waste of. Act 4356. SUCCESSION, law governing. Act 927. SUISUN CITV, streets, trustees authorized to grade and Improve^ Act 3938. SUISUN RIVER, navigability of. Act 4358. SUMMONS, costs for serving. Acts 782, 1120. Foreign corporations, to designate person upon whom process may be served. Acts 774, 775. Service of upon absent defendants. Act 3943. SUNDAY. Baking prohibited between 6 P. M. Saturday and 6 P. M. Sunday, Act 3951. Barbarous and noisy amusements, prohibition of, on. Act 3948. Employee entitled to one day in seven for rest. Acts 2137, 3952. Providing for better observance of. Act 3950. SUPERINTENDENT of public instructioti : See Schools. SUPERINTENDENT OF STREETS: See Streets. rsUPERlOR COURT, acknowledgments taken before clerks of vali- dated. Act 17. SUPERIOR JUDGES. Particular county: See Particular Title. Powers formerly possessed by district, county, and probate courts, conferred on. Act S46. Secretary, judges in cities and cities and counties over two hun- dred thousand may appoint. Act 845. 1716 SUPERVISORS. SUPERVISORS. IN CITIES OF PABTICULAB CLASSES. Allowances, limits on powers of, p. icSi, ^ 3G. Apiaries, inspectors of, authorized to appoint. Acts 306, 307. Assessor, annual report of certain information to, p. 141, § 48. Bond indebtedness, supervisors authorized to create, Act 373. Bonded indebtedness, supervisors authorized to refund, Act 3961. Bonded indebtedness, refunding at lower rate of interest. Act 373. Bonds of, p. 146, § 66. Bonds, election on question of issuing by cities for expenses of year 1883, Act 383. Books, papers and accounts, sending for, p. 135, § 28. Booms to hold logs and timber, supervisors authorized to per- mit building, Act 4362. Bounty for destruction of wild animals, supervisors authorized to fix, Act 185. Bridge within city limits, expense of building or reconstructing. Act 419, § 2. Bridge within city limits, power of county supervisors over. Act 419, § 1. Bridges, powers and duties regarding: See Bridges. Cemeteries, rules and regulations for government of. Act 2381. Chairman, p. 118, § 18. Claim against county, illegal allowance of, duty of district at- torney, p. 115, § 8. Claims of against county, form, presentment and allowance, p. 141, § 49. Claims: See Counties. Clerk of, county clerk is ex-of&cio, p. 118, § 19. Clerk of, general duties enumerated, p. 119, § 21. Commissions, payment of for collection of delinquent taxes legalized. Act 4046. Committee, powers of chairman, p. 135, § 30. Consolidation of certain offices, p. 144, § 55. Contracts, bids to be called for when, p. 122. Debt, authorized to refund. Act 362. Debt, refunding of in cities other than first class, authorized. Acts 2367, 2368. Debts, limit on powers of, p. 137, § 36. Deputies, enabled to authorize the emplojTnent of, Act 3957. District attorney is legal adviser of, p. 163, § 133. Districts, changing boundaries, p. 118, § 16. Election day, authorized to declare a holiday. Act 1469. Eligibility, p. 118, § 15. Gas, regulation of: See Gas. Grants and donations by United States, etc., duties regarding, p. 142, § 51. Firemen, supervisors authorized to provide pensions for aged, infirm or disabled. Act 1178. Franchises for constructing booms, authorized to grant. Act 392. Franchises for paths and roads for bicycles and horseless ve- hicles. Act 1464. SUPERVISORS. 1717 Franchises to construct railroads beyond city limits to public parks, Act 2930. Franchises, sale or granting of, Acts 1230-1234. Funds, supervisors authorized to transfer swamp-land fund to general fund. Act 3962. Horticultural commissioner, supervisors in counties of seventh class may appoint, p. 202, subd. 17. Illegal fees, supervisors to remove officers collecting, p. 320, § 225. Income, debts in excess of not to be contracted, p. 137, § 36. Interested in contracts, work or purchases, not to be, p. 141, § 45. Interested, proceedings where majority of supervisor are, p. 141, § 46. License on sheep business, power to impose limited, Act 1940. Licenses, salaries of persons employed to collect, authorized to pay, Act 1939. Logs and timber, authorized to declare innavigable streams highways for, Act 4361. Majority constitute quorum, p. 118, § 18. Majority necessary to valid act, p. 118, § 18. Malfeasance in office, punishment of, p. 143, § 53. Meetings, quorum, p. IIS, § 18. Meetings, regular, to be held at county seat, p. 121, § 22. Meetings, special, p. 121, § 23. Meetings to be public, p. 121, § 24. Neglect of duty, punishment of, p. 143, § 53. New county, classification of supervisors, p. 145, § 58. Notices, where to be posted, p. 141, § 47. Number of, p. 118, § 14. Oaths, may administer, p. 118, § 18. Ordinances permitting cars to be propelled by electricity rati- fied, Act 2928. Parks, authorized to levy tax for. Act 2877. Posse comitatus, supervisors authorized to pay expenses of. Act 3959. Powers and duties, permanent general, enxmierated, pp. 121-136. Public buildings, unfinished, change of plans, Act 2899. Public buildings, unfinished, completion of, Act 2898. Records and minutes of, signing of, p. 118, § 19. Records and books to be kept by, p. 120, § 21. Records, books and accounts kept at office and open to public, p. 121, § 24. Residence, p. 118, § 15. Rules and regulations for government of, p. 131, subd. 23. Salaries and expenses in various counties: See Counties. Seal, p. 131. subd. 24. Separation of offices, p. 143, § 55. Sewers: See Sewers. Sheriff, duties in relation to, p. 135, §§ 27, 29. Statement of indebtedness and property, p. 142, § 50. Streams and bank, care, improvement and protection of, p. 142, § 52. Streets: See Streets. Submitting questions to vote of people, p. 118, § 13. Surveyor, to furnish office and supplies to, p. 165, § 141. 1718 SUPERVISORS. Tax to display products at expositions, supervisors authorized to levy, Act 3963. Time of election of, p. 145, § 58. Tow-paths along navigable streams, location of. Act 4363. Treasurer, suspension of pending proceedings against, p, 150, § 84. Vacancies, filling of and term of appointee, p. 118, § 17. Warrants: See Counties. Water rates, fixing of. Acts 3958, 4348. Water rates, penalty for failure to fix, Act 4348. Weeds, eradication of, by, Act 3925. Wharves, authorized to grant right to construct. Act 4398. Witnesses, subpcenaing, pp. 135, 136, §§ 28, 29, 31-33. o. Cities of first class. Absence u. u>iglecL. p. 657, § 48. Adjournments, p. 658, § 51. Aldermen and assistant aldermen, divided into, p. 655, § 40. Aldermen, number, election and term of office, p. 655, § 41, Aldermen, qualifications of, p. 656, § 46. Aldermen, salaries of, p. 655, § 41. Aldermen, secretary, appointment and term of office, p. 655, § 42. Aldermen, secretary, powers, duties and salary of, p. 655, § 42. Appropriation bills, p. 661, § 61. Assistant aldermen, appointment and term of office, p. 656, § 44. Assistant aldermen, chairman, p. 658, § 50. Assistant aldermen, number, qualifications and election, p. 656, §§ 43, 47. Assistant aldermen, secretary, powers, duties and salary, p. 656, § 44. Assistant aldermen, terms of" office and salaries, p. 656, § 43. Bids, power to reject, p. 704, § 107. Composed of two boards, p. 655, § 40. Debt or liability, limit on power to contract, p. 658, § 53. Each house judge of qualifications of members, p. 657, § 49, Eligibility to other office or employment, p. 658, § 52. Expulsion of members, p. 657, § 49. Finance committee, appointment, powers and duties of, p. 659, § 54. Majority necessary to passage of order, p. 658, § 50. Malfeasance or corrupt practiue, effect of, p. 657, § 48. Meetings, presiding officers, p. 657, § 49, Meetmgs, special, p. 659. § 55. Meetings, time of, p. 659, § 55. Order, power to maintain, p. 657, § 49. Powers of enumerated, pp. 663-677, §§ 62, 64. powers, have only those specified, i.'. 662, § 62. Quorum, p. 658, § 50. Quorum, proceedings where there is none, p. 658, § 50. Records, p. 657, § 49. Reports of committees, adoption of, p. 660, § 57. Rules, p. 657, § 49. Sessions, public, p. 658, § 51. Sessions, special, calling by mayor, p. 705, § 120. Taxes, duty in levy and collection of, p. 770, §§ 286, 238. Vacancies, filling of and term of appointee, p. 656, S 45. SUPERVISORS. 1719 6. Cities of second class. Debts, powers of in relation to, p. 781, §§ 328, 329. Journal, p. 773, § 319. Judges of qualifications of their own members, p. 773, § 319. Meetings, p. 773, § 319. Powers, enumeration of, pp. 773-778, §§ 319, 320, 321. Not to vote on measure in which interested, p. 781, § 327. Number, qualifications, election and term of ofilce of, p. 771, § 301. Power to appoint officers, p. 794, § 380. Quorum, p. 773, § 319. Pules, p. 773, § 319. Vote by ayes and nays in certain cases, p. 780, § 326. e. Cities of third class. Appoint what officers, p. 806, § 503. Clerk, p. 809, § 521. Compensation, act without, p. 807, § 506. Election and term of office, p. 806, § 502. Journal, p. 809, § 522. Judges of qualifications of members, p. 809, § 522. Meetings, p. 80S, § 520. Meetings, attendance, compelling, p. 809, § 521, Meetings, presiding officer, p. 809, § 521. Number of, p. 805, § 501. Ordinances, passage of and validity of, p. 809, § 523. Powers of enumerated, pp. 810-812, § 524. Quorum, p. 809, § 521. Residence of, p. 808, § 508. Rules, p. 809, § 522. Trustees of free library, appoint, p. 808, § 509. Vacancies in office, to fill, p. 807, § 505. d. Cities of fourth class. Additional compensation to officers, cannot allow, p. 831, § 610. Ayes and noes, p. 832, § 621; p. 843. § 634. Compensation, act without, p. 831, § 608. Constituted, how, p. 832, § 620. Control over their own members, p. 832, § 621. Election and term of office, p. 828, § 602. Expenses of, p. 831, § 608. Indebtedness, limit on power to create, p. 838, § 623. Journal, p. 832, § 621 ; p. 843, §§ 633, 634. Meetings, p. 832, § 621. Officers, what to elect, p. 832, § 620. Orders to be entered on journal, p. 843, § 633. Powers of enumerated, p. 833, § 622. President, p. 832, § 620. Quorum, p. 832, § 621. Rules, p. 832, § 621. e. Cities of fifth class. Absence, effect of, p. 868, § 754. Compensation, act without, p. 868, § 755. Compensation of officers, fixing, p. 868, § 755. 1720 SUPERVISORS— SURETY CORPORATIONS. Consolidation of offices by, p. 867, § 751. Oath of office, p. 870, § 760. Election and term o£ office, p. 867, § 752. Indebtedness, power to incur, pp. 875, 876, §§ 767, 768. Journal, p. 870, § 762. Judges of qualifications and elections of members, p. 870, § 762. Meetings, p. 870, §§ 760. 761. Number of, p.- 867, § 751. Officers, Ox duties and compensation of certain, p. 887, $ 791. Officers, what may appoint, p. 867, § 752. Organization of board, p. 870, § 760. Powers and duties of enumerated, p. 871, § 764. President, powers of, p, 882, § 778. Quorum, p. 870, § 761. Records, p. 884, § 788. Resolutions and orders, passage of, p. 871, § 763. Rules, p. 870, § 762. f. Cities of sixth class. Absence, effect of, p. 896, § 854. Compensation, act without, p. 896, § 855. Compensation of officers, fixing, p. 896, § 856. Election and term of office, p. 895, § 852. Equalization of taxes, p. 905, § 872. Indebtedness, power to incur, p, 901, §§ 865, 866. Journals, p. 897, § 860. Judges of qualifications and election of members, p. 897, 5 860, Meetings, p. 897, §§ 858, 859. Number of, p. 894, § 851. Oaths, p. 897, § 858. Officers, prescribing duties and fixing compensation, p. 911, § 881. Officers, what may appoint, p. 895, § 852. Orders and resolutions, rules governing passage, p. 898, § 861. Organization of, p. 897, § 858. Powers of enumerated, p. 898, § 862. President of, p. 897, § 859. President, powers and duties of, p. 906, § 875. Quorum, p. 897, § 859. Rules, p. 897, § 860. SUPREME COURT, chief justice of, who to act as, Act 843. Practice in supreme court, regulating. Act 842. SUPREME COURT COMMISSION, appointment of. Acts 3968, 3969. Secretary of. Act 3969. SUPREME COURT LIBRARY, librarian for, appointment of. Act 3975. Librarian, salary of. Act 3975. Provision for. Act 3974. SUPRE3IE COURT REPORTER, deputy, appointment of. Act 3980. SURETY CORPORATIONS. Bonds, surety corporation author- ized to act as sole surety. Act 377. Premium on official bond, payment of, by, Act 379. SURGERY — SUTTER COUNTY. 1721 SURGERY: See Medicine; Optometry; Osteopathy; Veterinary Surgery. SURVEY: See Public Lands; United States Coast Survey. Lands divided by county line, of, p. 164, §§ 136, 137. Geological: See Geological Survey. State geological survey, Act 3821. SURVEYOR. Board of examining surveyors, Act 3990. Bond of, p. 146, § 66. Cities of first class, deputies of, and salaries of, p. 652, subd. 13. Cities of first class, duties of, p. 711, § 137. Cities of first class, salary of, p. 652, subd. 13. Compensation of, p. 165, § 141. Deputies and assistants in various counties: See Counties. Ditches and drains, superintends construction of, p. 352, § 9. Duties of enumerated, pp. 163-165, §§ 135-140. Fees of, p. 415. License of surveyors, Act 3990. Office and supplies, supervisors to furnish, p. 168, § 141. Powers and duties of, Act 3990. Qualifications of, p. 163, § 135. Salaries and expenses in various counties: See Counties. Survey, how made where surveyor interested, p. 164, § 138. SURVEYOR-GENEUAli authorized to furnish his office and vault therein, Act 3985. Duties as to bridges across navigable streams, p. 72, § 6. Governor and surveyor-general authorized to convey state's In- terest in certain lands. Act 3832. Governor and surveyor-general authorized to sell certain landa to claimants, Act 2869. SUSANVILiLE, hogs running at large, prevention of. Act 1065. SUSCOL. RANCHO, title to lands in quieted. Act 3688. SUTTER COUNTY, animals of another, wounding in, punishment of, Act 1593. Animals, trespassing of on private property, prevention of. Act 1069. Bridge across Feather River, supervisors authorized to con- struct. Act 4005. Cancellation of certain certificates of register of state land office. Act 3995. Cancellation of controller's warrants. Act 3995. Examination and counting of funds in treasury. Act 464. Fences, division, in. Act 1138. Fences in, tearing down of, prevention of, Act 1593. Fires, leaving of, punishment of. Act 1593. Funds, transfer of authorized. Acts 3996, 3997. Highways in. Act 4001. Hunting on inclosed lands in, prevention of. Act 1593. Inclosure, passing through and leaving open. Act 1593. Judges, separate, for Sutter and Yuba counties, Acts 3998, 4495. Levee districts in. Act 1915. Levee district No. 1, act relating to. Act 4003. Levee district No. 1, boundary and care of. Act 2944. 1722 SUTTER COUNTY — SWAMP AND OVERFLOWED LANDS. Levee district No. 1, trustees authorized to issue bonds to fund indebtedness. Act 2947. Levee district No. 2, funding indebtedness of, Acts 1917, 294L5. Levee district No. 2, election of officers. Act 1917. Levee district No. 6, boundaries and government of. Acts 1918, 2948. Levee district No. 6, funding indebtedness of, Acts 1919, 2949, Protection of certain lands in. Act 3999. Reclamation district No. 2, boundaries and government. Act 2946. Records in, transcribing of. Act 4000. Roads in. Act 4001. School trustees, time of election of. Act 4002. Stallions prevented from running at large in, Act 1063. Swamp-land district No. 70, act relating to. Act 4004. Swamp-land district No. 70, reorganizing. Act 2954. Swamp-land district No. 70, Sutter County, warrants to bear in- terest. Act 2953. Treasury of, better protection of. Act 464. SUTTER CREEK, hogs and goats prevented from running at large in. Act 4011. Hogs running at large in, prevention of. Act 1065. Incorporation of town of. Act 4011. lone to Jackson or Sutter Creek, railroad from, Act 2922. SUTTER ISLAXD, in Sacramento County, setting off portion o£ for school purposes, Act 3545. SUTTER'S FORT, acquisition of, Act 4016. Guardian for, appointment and duties of. Act 4017. Trustees of, appointment of. Act 4016. SWAMP AND OVERFLOWED LAXDS, Bowman, James, inter- est of state in water lot 415 quitclaimed to successors of. Act 4028. Cutting and carrying away timber from swamp, overflowed, tide, marsh, or school lands, Act 1404. Dissolution of reclamation and protection districts for non-user. Act 4026. Drainage of: See Drainage. Fresno and Kern counties, providing for determining rights in certain. Act 4023. Funds from sale of, distribution of. Act 4022. Funds of, supervisors authorized to transfer to general fund. Act 3962. Lands returned as, declared to be. Act 4029. Levee districts: See Levee Districts. Particular county, in: See Particular Title. Payments on swamp lands pledged to redemption of certain controllers' warrants. Act 4024. Perry, Sallie C, claim of state to certain tract quitclaimed to. Act 4030. Protection districts: See Protection Districts. Sacramento City, granting of swamp lands to. Act 3056. Sale of and disposition of funds from. Act 2S59. Sale of lands uncovered by recession of lakes. Act 4031. Sales and surveys of unsegregated lands validated, Act 4031. •SWAMP AND OVERFLOWED LANDS— TAXATION. 1723 Salt-marsh lands, survey and disposition of, Act 2858. Survey and disposition of certain salt-marsh and tide lands. Act 4033. Swamp-land districts, appeals from orders relating to, Acts 2976, 2977. Swamp-land funds in state treasury paid to treasurers of coun- ties. Acts 1280, 1920. Swamp-land funds paid into county treasuries, duties o£ auditor, controller and treasurers. Acts 1280, 1920. Swamp-land district No. 2, Sacramento County, provision for. Act 3046. Swamp-land district No. 17, San Joaquin County, additional powers conferred on trustees. Act 2950. Swamp-land districts Nos. 50 and 54, payment of interest on trustees' orders. Act 2951. Swamp-land districts Nos. 50 and 54, Sacramento County, funds for, Act 2967. Swamp-land district No. 70, Sutter County, act relating to. Act 4004. Swamp-land district No. 70, Sutter County, warrants to bear interest, Act 2953. Swamp-land district No. 70, Sutter County, reorganizing. Act 2954. Swamp-land district No. 118, Contra Costa County, assessment in. Act 2958. Swamp-land district No. 118, validated. Act 2957. Swamp-land district No. 150, Yolo County, formation of. Act 2960. Swamp-land district No. 221, San Joaquin County, legalizing. Act 2962. Swamp-laud district No. 307, Yolo County, legalized. Act 2965. Tide-land commissioners, board of, abolished. Act 4032. Tide lands, certain in San Mateo County declared public and granted to county for public. Act 4027. Tide lands, survey and disposition of, Act 2858. Title to certain salt-marsh and tide lands in Contra Costa County, quieting. Act 722. Title of certain swamp lands to J. P. Counts and Myron Smith confirmed. Act 4025. Title to tide lands adjacent to lands held for military purposes ceded to United States, Act 3831. Transfer of swamp-land funds to general fund in Butte County, Act 463. Transfer of swamp-land fund to general fund in Del Norte County, Act 91G. Unsegregated, sales and surveys validated. Act 4031. SYRUP, adulterated, sale of, prohibited. Act 42. TAHOE: See Lake Bigler. TAXATION. Animals, assessment of migratory herds and distri- bution of taxes. Act 4053. Animals, migratory, assessment of. Act 4052. Assessment of migratory herds and distribution of taxes. Acts 4052, 4053. Assessments, supervisors to equalize, p. 129, subd. 15. 1724 TAXATION. Assessor, bond of, p. 146, § 66. Assessor, commissions lor collecting of personal property tax^ p. 317. Assessor, compensation for preparing military roll, p. 317. Assessor, deputies and assistants in various counties: Se» Counties. Assessor, duties of, p. 167, § 148. Assessor, maps and blocls books, to be allowed expenses of, p. 167, § 148. Assessor, percentage of on poll taxes collected, p. 317. Assessor, salary and fees in various counties: See Counties. Assessor, salary of, where and how paid, p. 319, § 220. Assessors to pay salaries of deputies in certain counties, Act 4063. Assessor, city, performance of duties by clerk. Act 4043, § 8. Assessor, cities of first class, deputies and assistants and salaries of, p. 650, subd. 6. Assessor, cities of first class, election and duties of, p. 709, § 129. Assessor, cities of first class, salary of, p. 650, subd. 6. Assessor, cities of third class, election and term of office, p. 806, § 502. Assessor, cities of third class, salary of, p. S07, § 506. Assessor, cities of fourth class, bond of, p. S30, § 607. Assessor, cities of fourth class, compensation of, p. S44, § 641. Assessor, cities of fourth class, deputies of, p. 852, § 672. Assessor, cities of fourth class, duties of, p. 844, § 641 ; p. 854, § 677. Assessor, cities of fourth class, election and term of oflSce, p. 828, § 602. Assessor, cities of fifth class, compensation of, p. 868, § 755. Assessor, cities of fifth class, election and term of office, p. 867, § 752. Assessor, cities of sixth class, duties and powers of, p. 907, § 877. Assessor, cities of sixth class, city clerk is ex-officio, p. 894, § 851. Board of equalization, supervisors in cities of first class con- stitute, p. 677, § 65. Certificates of stock, tax on, Acts 769, 4038. Chinese, police tax on, Act 589. Cities of first class authorized to erect a hospital and levy • tax therefor. Act 1522. Cities of first class, duties of supervisors in levy and equaliza- tion, p. 770, §§ 286, 288. Cities of first class, levy of taxes in, p. 693, § 90. Cities of second class, taxes in, p. 779, § 325. Cities of third class, levy and collection of taxes, pp. 818, 819, §§ 533, 534. Cities of fourth class, assessment roll as evidence, p. 851. § 666. Cities of fourth class, collection of, p. 847, § 646. Cities of fourth class, deed for taxes, pp. 850, 851, §§ 663-666. Cities of fourth class, delinquent list as evidence, p. 851, § 666. Cities of fourth class, delinquent taxes, proceedings, pp. 847- 850, §§ 647-660. TAXATION. 1725 Cities of fourth class, equalization of taxes In, pp. 845, 846, §§ 642, 643. Cities of fourth class, levy of tax, p. 846, § 644. Cities of fourth class, taxes, levy, collection and disbursement of, power over, p. 843, § 640. Cities of fourth class, lien of tax, p. 846, § 644. Cities of fourth class, lists, preparation of and delivery to collector, p. 847, § 645. Cities of fourth class, redemption from sale, p. 850, §§ 661, 662. Cities of fourth class, sales of property for, pp. 849-851, §§ 654- 666. Cities of fifth class, assessment, levy and collection, pp. 880, 881, §§ 773, 775, 776. Cities of fifth class, assessor, powers of and duties, p. 883, § 787. Cities of fifth class, equalization of taxes, p. 881, § 774. Cities of sixth class, assessment, levy and collection of taxes in, pp. 904, 905, §§ 871, 873. Cities of sixth class, equalization of taxes, p. 905, § 872. Collateral inheritances, tax on. Act 4040. Commissions for assessment, etc., of ad valorem taxes abolished. Acts 4048, 4049. Commissions for collection, county not to bring suit against state for. Act 4049. Commissions for collection, payment by state for prohibited. Act 4050. Commissions, payment of for collection of delinquent taxes legalized, Act 4046. Delinquent, action for delinquent taxes on personalty author- ized. Act 4060. Delinquent, action for, form of complaint. Act 4061- Delinquent taxes in Alpine County, extending time for selling property. Act 136. Deputies, assessors in certain counties to pay. Acts 255, 4062. Distribution of taxes from assessment of migratory herds. Act 4053. Exemption of certain property of Stanford University from, Act 3754. Expositions, tax to display products at, supervisors authorized to levy. Act 3963. Inheritances, collateral, tax on, Act 4040. Legal tender ndtes are receivable in payment of taxes and debts. Act 1895. Levy and collection of taxes in cities of certain classes, Act 4044. Levy and collection in cities under first class. Act 4043. Licenses: See Licenses. Mortgages, notes secured by moneys received in certain years from dispo.sition of. Act 4054. Parks, supervisors authorized to levy tax for, Act 2877. Particular counties, taxes in: See Particular Title. Political Code to govern assessment, levy, etc., of taxes, Act 4051. Poll tax, exemption of firemen from In certain counties, Act 4063. Pcll taxes in Calaveras County, enforcing collection of. Act 484. 1726 TAXATION^TEHAMA COUNTY. Public improvements within cities, special tax for, Act 2344. Re-assessment where former assessment illegal, Act 4045. Kedemption, right of given tax payers whose lands sold la certain years. Acts 4056-4058. Revenue for support of government, act providing. Act 3017. Sales, certificates of sale, validated. Act 4059. Sales, deeds to state validated, Act 4059. Sales, proceedings of tax collector in 1874 validated, Act 4055. Solvent debts, taxation of, Act 4039. Special tax to encourage immigration authorized, Act 4041. Special tax for specific public improvements. Act 4042. Special tax to exhibit county products at expositions author- ized. Act 4041. Special tax to increase trade in products of state authorized. Act 4041. Supervisors, annual report of information to, p. 141, § 48. Supervisors, powers and duties of, p. 124, subd. 12. Tax collector, bond of, p. 146, § 66. Tax collector, bond as license collector, to give, p. 146, § 66. Tax collector, city, performance of duties by marshal or chief of police. Act 4043, § 8. Tax collector, cities of first class, chargeable with what sums, p. 708, § 128. J Tax collector, cities of first class, salary of, p. 650, subd. 5. Tax collector, cities of first class, deputies and assistants and salaries of, p. 650, subd. 5. Tax collector, cities of third class, salary of, p. 807, § 506. Tax collector, cities of sixth class, marshal is ex-officio, p. 894, § 851. Tax collector, deputies and assistants in various counties: See Counties. Tax collector, duties of, p. 167, § 149. Tax collector ex-officio license collector, p. 143, § 55. Tax collector, license collector, duties as, p. 167, § 149. Tax collector, salaries in various counties: See Counties. TEHAMA CITY, hogs prevented from running at large in, Acts 2995, 4084. TEHAMA COUNTY, agriculture, protection of in, Act 4068. Animals, trespassing of, in. Act 1071. Animals, trespassing, prevention of. Act 4068. Assessor, salary and duties of. Act 4069. Cemeteries in. Act 4071. Canal companies, incorporation of, Act 4070. County clerk permitted to hire deputy. Act 4072. Debt of, refunding, Act 4073. District attorney, salary of. Act 4072. Fences in. Act 1137. Fences, partition, in. Act 4074. Hospital poll tax, Act 4077. Records of Tehama County, transcribing from records of Colusa County, Act 4075. Red Bluils: See Red Bluffs. Road poll tax. Acts 4076, 4077. Stallions prevented from running at large in, Act 1063. TEHAMA COUNTY— TOLL BRIDGES. 1727 Supervisors, redistricting and reorganizing, Act 4078. Tax collector, treasurer ex-officio is. Act 4079. TE3I.EGRAPH COMPANIES, communication between Asia and America, facilitation of, Act 4094. Construction of line between Atlantic and Pacific, Act 4090. Construction of telegraph line from Los Angeles to Wilming- ton, Act 4093. Construction of telegraph line from San Jose to San Bernar- dino, Act 4092. Messages, secrecy and fidelity in transmission of, Acts 4089, 4090. Provisions of Pacific telegraph act, aiding in carrying out. Act 562. TENANTS, regulation of rights of landlord and tenant, Act 1866. TENANTS IN COMMON, suits, may bring or defend. Act 788. TEXAS AND PACIFIC RAILWAY COMPANY, ordinances of San Diego city relating to, legalizing and repealing, Act 3154. THEATERS, refusal of admission, liability for, Act 4049. Refusal of admission to unlawful, Acts 604, 4099. Refusal of admission to because of race or color, punishment. Act 605. THISTLE, propagation of in certain counties, prevention of. Act 4104. THRESHING MACHINES, wages of laborers on, liens of. Act 1949. TIA JUANA FLOOD, appropriation for benefit of sufferers from, Act 4109. TICKETS, duty of street railroad companies to provide, Act 3919. TIDE LANDS: See Swamp and Overflowed Lands. Survey and disposition of, Act 2858. TIDE LAND COMMISSIONERS, abolition of board of. Act 4032. TIMBER: See Growing Trees ; Logs. Booms to hold logs and timber, supervisors authorized to per- mit building. Act 4362. Destruction of growing timber on private grounds in certain counties, prevention of. Act 1577. TIME, statutes, time of taking effect of, Act 3SS3. TIOGA ROAD, free wagon road from Mono Lake basin to, con- struction of, Acts 1455, 1456. TIRES, width of tires of wagons used on highways, regulation of. Act 1459. TITLES, Benicia, settlement of in. Act 324. Branciforte, settlement of titles in. Act 408. Torrens land act, Act 4115. To tide lands adjacent to lands held for military purposes ceded to United States, Act 3831. TOLL BRIDGES, navigable stream, across, tolls by whom fixed, p. 73, § 7. Navigable stream, across, tolls, fixing on disagreement be- tween supervisors of counties, p. 73, § 7. 1728 TOLL BRIDGES — TREASURER, CITY. Navigable stream, across, tolls, when take eSect, p. 74, | 7. Navigable stream, franchise to erect, county on left bank con- trols, p. 72, § 2. Navigable stream, franchise to erect, supervisors may grant, p. 72, § 1. Navigable stream, tolls, county on left bank controls, p. 72, § 2. Public, act concerning. Act 1146. Supervisors, powers and duties of, p. 121, § 25, subd. 4; p. 133, subds. 35, 36. Toll, public, act concerning. Act 1146. TORUEXS LAIVD ACT: See Act 4115. Certification of titles and .simplification of transfers. Act «4115. Commission to examine and report on. Act 4114. System provided ^y adoption of, Act 4115. TOW PATHS, along navigable streams, location of, Act 4363. TORTS, compensation for causing death by wrongful act or neglect. Act 2451. TOWXS: See Municipal Corporations. TOWiVSITES, hogs and goats prevented from running at large on. Acts 1068, 1070. TRADE, boards of: See Boards of Trade. TRADE MARKS: See Labels; Marks and Brands. Generally, Act 4120. Protection of owners of bottles, boxes, kegs, etc., used in sale of liquids, Act 4121. TRAINING SHIP, establishment of in San Francisco, Act 4125. TRA3IROAD COMPAKIES, incorporation of in Shasta County, Act 4130. TRANSPORTATION: See Railroads. Commissioners of, creation of. Act 676. TREASURER, CITY, bonds of: See Bonds. Bond, additional, p. 936, § 11 ; p. 940, § 10. Bonds, additional, may be required, when, p. 1066, § 11. Cities of 200.000 and over, in, Act 4135. Cities of 200.000 and over, deputies and clerks of. Act 4135. Cities of first class, demands, investigation of non-payment, p. 698, § 97. Cities of first class, demands, payment and registry of, p. 698, § 96. Cities of first class, deputies of and salaries of, p. 650, subd. 5. Cities of first class, examination of books of, p. 700, § 101. Cities of first class, powers, duties aud liabilities of, pp. 706, 707, §§ 122, 123. Cities of first class, receipts, duty to give. p. 699, § 98. Cities of first class, salary of, p. 650, subd. 4. Cities of second class, duties of, p. 793, § 378. Cities of second class, salary of, p. 773, § 307. Cities of third class, duties of, p. 821, § 552. Cities of third class, salary of, p. 807, § 506. Cities of fourth class, bond of, p. 830, § 607. Cities of fourth class, duties of. p. 853. § 675. Cities of fourth class, salary of, p. 853, § 674, TREASURER, CITY— TREASURER, STATE. 1729 Cities of fourth class, supervisors to elect, p. 832, § 620. Cities of fifth class, bonds of, p. 868, § 753. Cities of fifth class, compensation of, p. 868, § 755. Cities of fifth class, duties of, p. 883, § 786. Cities of fifth class, election and term of office, p. 867, § 752 Cities of sixth class, bond of, p. 895, § 853. Cities of sixth class, compensation of, p. 896, § 855. Cities of sixth class, duties of. p. 907, § 876. Cities of sixth class, election and term of office, p. 895, § 852. Particular city: See Particular Title. Performance of duties by county treasurer. Act 4043. TREASURER, COUNTY, bond of, p. 146, § 66. Books, accounts and vouchers subject to inspection, p. 151, § 86. Cash in treasury, counting of, p. 151, § 87. City treasurer, performance of duties of by county treasurer. Act 4043. Death of, proceedings on, p. 150, § 85. Deputies and assistants in various counties: See Counties. Different classes of counties, in : See Counties. Duties of enumerated, pp. 147-151, §§ 67-87. Fees, what and when to be paid to county treasury, p. 318, § 216. Office hours, p. 145, § 61. Officers charged with notice of condition of treasury, p. 114, § 6. Particular county: See Particular Title. Salary fund, deficiency in, transfer of funds to, p. 319, § 219. Salary fund, payment of fees into, p. 319, § 219. Salaries in various counties: See Counties. Suspension of pending proceedings against, p. 150, § 84. Swamp land district funds paid into county treasuries, duties of controller, auditor and treasurer. Act 1920. TREASURER, STATE: See Funds. Authorized to pay controller's warrants drawn for salaries. Act 4136. Authorized to pay to treasurer of Veterans' home moneys re- ceived from congress. Act 4288. Deputies, number of increased for limited period. Act 4139. Duties of. Act 362. General fund: See Funds. Increase in number of clerks in office of. Act 3871. Payment into state treasury of moneys received by state insti- tutions, commissions and officers. Act 1279. Payments on swamp lands pledged to redemption of certain controller's warrants. Act 4024. Swamp land funds in state treasury paid to treasurers of counties. Acts 1280, 1920. Swamp land funds paid into county treasuries, duties of audi- tor, controller and treasurers. Act 1280. Transfer of funds: See FuBds. Transfer of funds from drainage construction funds to general fund, Acts 1282, 1283. Transfer of moneys to general fund by treasurer and con- troller authorized, Act 1281. Warrants, lost, payment of. Act 2033. ITJjV treasurer, state — TRUSTEES. Warrants, payment of destroyed controller's. Act 4328. AVatchman. additional, for. Act 4138. Watchmen, two, authorized to employ. Act 4137. TREE^S: See Growing Trees. TRESPASS, animals, trespassing. Acts 1061 et seq. Animals trespassing: See Animals. Destruction of growing timber on private grounds In certain counties, prevention of. Act 1577. Fences, tearing down to make passages through inclosures, prevention of. Act 4144. Hunting on inclosed land, prevention of, Act 1141. Hunting on private grounds in certain counties, prevention of, Act 1577. Inclosures, passing through and leaving open, prevention of. Act 4144. Inclosures: See Inclosures. TRIALS, costs of, of persons violating fish laws paid by state. Act 1335. Costs on removal of criminal action, pp. 322, 323. §§ 229, 230. Costs of trial of convicts for crimes committed in prison, pay- ment of. Act 3859. TRINITY COUjVTY, animals of another, wounding in, punishment of. Act 1593. Bridges, free, construction and maintenance of. Act 4150. Contingent fund for. Act 4149. County clerk, salary of. Act 4151. Fences in. Acts 1134, 1135. Fences in, tearing down of, prevention of. Act 1593. Fires, leaving of, punishment of. Act 1593. Humboldt, Mendocino, Trinity and Klamath counties, bound- aries between, Act 813. Hunting on inclosed lands in, prevention of. Act 1593. Inclosures, passing through and leaving open, Act 1593. Records of, transcribing of authorized. Act 4152. Schools in. employment of teachers. Act 4153. Supervisors, salary of. Act 4155. Tolls charged on wagon roads, supervisors to fix rate of. Act 4156. Undersheriff of, supervisors to fix and pay compensation of. Act 4154. TRIXITY RIVER, survey of road down, to connect with road In Humboldt County, Act 1454. TRUST COMPANIES, banks and trust companies, no limitations against. Act 3877. Dissolution and winding up of and disposition of funds. Act 294. TRUSTEES: See Supervisors. Bonds, deposit of money or assets with corporation and re- duction of bonds. Act 1055. Corporations authorized to act as. Act 1055. Corporations as, and powers and duties of. Acts 770. 1055. Deposit of moneys or assets with corporation and reduction of bonds. Act 1055. Missing persons, of: See Missing Persons. TRUSTS — TUOLUMNE COUNTY. 1731 TRUSTS, creation of trusts for benefit of public institutions, Act 4162. EJxpress trusts, execution of on death of last survivor, Act 4161. Public institution, assumption of control of by trustees. Act 4164. Public institution, relinquishment of rights by founder or his wife. Act 4164. Trusts relating to town lands granted to cities by act of con- gress, execution of, Acts 2335, 2336. Validity of trusts for colleges, universities, museums, etc., determination of. Act 4165. TULARE COUNTY, assessor, salary and bond of. Act 4170. Auditor and recorder, separation of offices of. Act 4172. Board of health, establishing. Act 4171. Branding of calves in, Act 1S3. County clerk and recorder, separation of offices of. Act 4173. Fences, division, in, Act 113S. Fresno and Tulare counties, boundary line between. Acts 811, 819. Kaweah River, board of commissioners for. Act 1774, Notaries, additional, for. Act 2500. Officers of, salaries of, regulation of. Act 4172. Recorder and auditor, separation of offices of. Act 4172. Recorder and county clerk, separation of offices of. Act 4173, Roads, public, in. Act 4174. Sheriff, traveling fees of. Acts 4175, 4176. Slaughtered cattle, hides of, keeping of. Act 182. Slaughtered animals, records of, keeping in. Act 183. Squirrels, destruction of. Act 187. Superior judges, increasing number of. Act 4177. Superior judges, reducing number of. Act 4178. Tax collector, bond of. Act 4179. Water commissioners for. Act 43C5. Water ditches and water privileges for agriculture and manu- facturing, Acts 4180, 41S1. Water ditches and water privileges for irrigation, mining and manufacturing. Act 4181. Waters, overseer to regulate. Act 4365. TUOLUMNE COUNTY, animals of another, wounding in, punish- ment of. Act 1593. Fences, division, in. Act 1138. Fences, lawful, in, Acts 1134, 4186. Fires, leaving of, punishment of. Act 1593. Hunting on inclosed private land, prevention of. Act 1593. Inclosures, passing through and leaving open. Act 1593. Indigent sick, care and maintenance of. Act 4187. Fences in, tearing down of, prevention of, Act 1593. Officers of, salaries of. Act 4189. Supervisors, commencement of terms. Act 4190. Township officers, regulating, Act 4188. Treasurers of, bonds of, ^.ct 4191. 1732 TUOLUMNE RIVER — UNIVERSITY OF CALIFORNIA. TUOLUMXE RIVER, bridge across at Modesto, construction of. Act 4196. Head of navigation in, Act 4197, Navigability of, Act 4358. TURNPIKE CORPORATIOXS, formation of, Acts 765, 4202. UKIAH, incorporation of, Act 4207. UNDERWRITERS, fire patrol, establishment of by. Act 1188. UNINCORPORATED ASSOCIATIONS: See Benefit Societies; Building and Loan Associations. Aclinowledginents by validated, Act 19. Boards of trade: See Boards of Trade. Chambers of commerce: See Chambers of Commerce. Incorporation of, Act 4209. Mechanics' institutes: See Mechanics' Institutes. UNION, name changed to Areata, Act 4209. UNION ISLAND RECL,A»IATION DISTRICT, in San Joaquin County, creation, organization and government, Act 2970. UNIVERSITIES: See Stanford University; University of Cali- fornia. Assumption of control by trustees. Act 4164. Gifts and donations to, encouragements and protection of. Acts 4162, 4163. Relinquishment of rights in by founder or -wife. Act 4164. Trusts for benefit of, creation of, Acts 4162, 4163. Trusts for benefit of, determination of validity authorized, Act 4165. UNIVERSITY OP CAI.IFORNIA: See Colleges; Hastings Col- lege of the Ijaw. Afiiliated colleges, appropriation for buildings for, Acts 4254, 4255. Continuous appropriation for support and maintenance of. Act 4245. Creation and organization of. Act 4240. Endowment of, Acts 4241, 4242. Endowment fund, re-imbursement for loss in. Act 4248. Endowment fund, re-imbursement for moneys withheld or with- drawn from. Act 4247. Farmers' institutes, holding of. Act 4252. Fertilizers, powers and duties in relation to, pp. 420-423, §§ S-11. Forestry, appropriation for experimental station. Act 1220. Forestry, property of board of transferred to. Act 1220. Funds of, control, investment and security of. Act 4249. Grant of certain land to regents of. Act 4246. Insurance of property of, Act 4250. Interest on state bonds held in trust for university and school funds, payment of. Act 374. Intoxicating liquors not to be sold within two miles of. Act 4253. Lands of, land contests, determination of. Act 4251. Lands of, selection and sale of. Act 4251. UNIVERSITY OF CALIFORNIA — UNITED STATES FLAG. 173S Medical department of, Act 4256. Supply of water for, Act 89 3. Tax, levy of, for support of, Acts 4243, 4244. Viticulture, experimental and research work in, to prosecute. Act 4307. UNITED STATES: See Public Lands. Assent of state to act of congress applying proceeds of public lands to college, Act 3786. Assent of state to purchase by United States for public pur- poses. Act 4212. Assent of state to reservation by congress for public park. Act 3785. Certain tide lands in Humboldt Bay granted to, to improve harbor. Acts 1551, 1552. Conveyances by trustees of San Diego to, authorized, Acts 3151, 3152. Conveyance of and cession to federal government of lands for light houses. Act 1956. Desecration of flag prohibited. Act 1198. Federal prisoners, confinement of. Act 2768. Governor authorized to convey to United States sites for light houses. Act 2446. Governor authorized to reconvey to United States part of agricultural college grant, Act 2846. Joint investigation with federal government of forest preserva- tion. Act 4367. Joint investigation with federal government of water resources. Act 4367. Jurisdiction ceded to, over lands given to. Act 3830. Jurisdiction over certain lands ceded by state to, Act 3784. Jurisdiction over lands acquired for military purposes ceded to. Act 3829. Jurisdiction over lands near Lime Point ceded to United States, Act 4215. Lands ceded to federal government, jurisdiction of state over, Act 1956. Lands within Indian reservations granted to United States, Act 1605. Release of certain lands to by state, Act 3783. Relinquishment to United States of lands required for military or naval purposes. Act 4214. Right of way from Atlantic to Pacific granted to United States, Act 4213. Street assessments against property of in San Francisco, pay- ment of, Act 3306. Title to certain lands in Yolo County released to United States and its grantees. Act 4459. Title to tide lands adjacent to lands held for military purposes ceded to United States, Act 3831. UNITED STATES COAST SURVEY: See Coast Survey. Persons engaged in authorized to enter upon lands in state. Act 4220. UNITED STATES FLAG, desecration of prohibited, Act 4225. Gen. Laws — 73 1734 UNITED STATES MAIL — VETERANS' HOME. UNITED STATES MAIL,, carriers permitted to ride free on street cars, Act 2930. UNITED STATES SECRETARY, assault upon, punishment of. Act 693. Conspiracy to commit any crime against, punishment of, Act 693. Election of by people, submitting question of to vote. Act 4230. UNLAWFUL, DETAINER, forcible entry and unlawful detainer, act concerning. Act 1208. VACCINATION, children, vaccination of, Act 2S40. VAGRANCY, punishment of. Act 4261. VALLEJO, incorporation of. Acts 4266, 4267. Township board of education of, Act 4268. VAN NESS ORDINANCE, ratification of. Act 3332. VENDOR AND VENDEE, recording of maps for purpose of sale, Act 2064. Sale of lots before recording map, penalty. Act 2064. VENTURA COUNTY, bonds of officers of. Act 4276. Boundaries of, Act 4273. Creation of, Act 4273. Fences, division, in, Act 1138. Legal distances, defining. Act 4274, Officers of, salaries of, Act 4275. VENUE, costs on removal of criminal action, pp. 322, 323, §§ 229, 230. Costs in criminal actions removed before trial. Act 781. VESSELS: See Shipping; Yacht Clubs. Mooring to buoys or beacons prevented. Act 4354. Spark catchers, use of on steamers, Act 3SS8. Throwing overboard of ballast prevented. Act 4354. Wrecks: See Wrecks. VETERANS: See Soldiers and Sailors; Veterans' Home; Wo- man's Relief Corps. Pension matters, no fees in, Acts 829, 1122. Soldiers, sailors and marines of war of rebellion preferred in public service. Act 2893. Unlawful wearing of badge of Grand Army of the Republic, prevention of, Act 1392. VETERANS" HOME, acceptance of title to veterans' home in Yountville, Act 42S3. Appropriation for support of indigent persons residing in. Act 42S6. Directors authorized to exchange or lease lands in San Fran- cisco, Act 4285. Erection of modern hospital for at Yountville, Act 4281. Excepted from provisions of act creating state board of chari- ties, p. 90, § 7. Lease of property of veterans by county, city and county or town authorized, Act 4287. Mexican war veterans authorized to exchange lands. Act 42S4. VETERANS' HOME— WARRANTS. 1735 Officer to receive money appropriated by United States, desig- nation of, Act 42S2. Soldiers' home, sale of intoxicating liquor near prohibited. Act 1692. State treasurer authorized to pay to treasurer of, moneys re- ceived from congress. Act 4288. Tountville, acceptance of title to by state, Act 42S3. Yountville, home at recognized as state home, Act 4282. VETERIMARIAIV, state, creation of office of, Act 180. VETERINxlRY SURGERY, board of veterinary examiners, Act 4293. Regulation of practice of, Act 4293. VICE-PRESIDENT, assault upon, punishment of. Act 693. Conspiracy to commit any crime against, punishment of, Act 693. TINES: See Viticulture. Better protection of. Act 73. VISALIA, incorporation of. Act 4298. Public schools in. Act 4298. Quieting titles to town lots in, Act 4299. VITICULTURES See Horticulture. Commissioners, appointment of, Act 4306. Commissioners, powers and duties of. Acts 4304, 4305. Creation of viticultural district. Act 4306. Experimental and research work in. University of California to prosecute. Act 4307. Officers, appointment of. Act 4304. Promotion of, Act 4306. Protection of. Act 4304. Sale of fertilizers and manurial materials, regulation of, Act 1157. VOLUNTEERS, revision of records of and publication of. Act 520. WAGERS: See Gaming. AVAGON ROAD CORPORATIONS, formation of, Act 4312. AVAGON TIRES, width of, used on highways, regulation of, Act 1459. WARS, claims against state of soldiers serving in Indian wars, auditing and examining. Act 1607. War debt of state and redemption of, Act 2823. WARDS: See Guardian and Ward. WAREHOUSES, receipts. Acts 4318, 4393. Sale of stored goods authorized after certain period, Act 4317. Weights and weighers for warehousemen. Act 4383. WARM SPRINGS CREEK, navigability of, Act 4323. WARRANTS, auditor, duties of In relation to, pp. 155-157, §§ 109 et seq. County: See Counties. County, powers and duties of treasurer in relation to, p. 147, §§ 67 et seq. Lost warrants, payment of. Acts 2033, 4328. Payment of destroyed controller's warrants. Act 4328. 1736 WARRANTS — WATERS. Payments on swamp lands pledged to redemption of certain controller's, Act 4024. Reclamation district No. 108, Yolo County, warrants and as- sessments to bear interest, Act 2956. Statement of fees to precede warrant for salary, p. 320, § 221. Swamp-land district No. 70, Sutter County, warrants to • bear interest, Act 2953. WASHINGTON TOW'NSHIP, Alameda County, certain creek in declared navigable. Act 4359. Yolo County, hogs and goats in. Act 4333. WASTE, artesian water : See Artesian Wells. Subterranean waters, prevention of waste of. Act 4356. WATER COMPANIES, cities of second class, capacity of pipes, p. 790, § 359. Incorporation of. Acts 4343, 4344. Penalty for injuring, defrauding, etc. Act 4345. Protection of, Act 4345. Rates, fixing, duty of companies, Act 4348. Rates, fixing of by supervisors. Acts 3958, 4346, 4348. Rates of water furnished for irrigation. Act 1730, § 2. Rates, penalty for failure of supervisors to fix. Act 4348. Rights of way for. Act 4347. Sale, rental and distributing of appropriated water other than in cities, regulation and control of. Act 4347. "WATERFRONT, cities of third class, improvement of in, pp. 816, 817, § 532. Cities of third class, improvement of, in, p. 819, § 535. Cities of fifth class, water front, improvement of and fund for, p. 881, § 776. Harbor commissioners: See Harbor Commissioners. W^ATEIi RATE COLLECTOR, cities of third class, salary of, p. 807. § 506. WATERS, Alameda County, certain creeks in declared navigable. Acts 4357, 4359. Analj'zing mineral waters. Act 3799. Artesian wells, regulation of use of. Act 4356. Artesian wells: See Artesian "Wells. Booms to hold logs and timber, supervisors authorized to per- mit building, Act 4362. Buoys and beacons, protection of. Act 435. Bridges: See Bridges. Canal corporations: See Canal Corporations. Commissioner of public works, duties in relation to flood waters. Act 2890, § 2. Ditches: See Ditches. Examining commission on rivers, appointment, powers, duties and compensation. Act 4364. Flumes: See Flumes. Fresno County, water ditches and water privileges in. Act 1272. Harbors, protection of. Act 4354. Innavigable streams, improvement and use of, Act 4361. Joint investigation with federal government of forest preserva- tion. Act 4367. WATERS — WEST SIDE IRRIGATION DISTRICT. 1737 Joint investigation with federal government of water re- sources, Act 4367. Levee districts: See Levee Districts. Franchises for constructing booms, supervisors authorized to grant, Act 392. Lakes, sale of land uncovered by recession, regulation of. Acts 2857, lOSl. Lease of water by irrigation district, Act 1729. Miner's inch of water, fixing and defining, Act 4355. Mooring to buoyb or beacons prevented, Act 4354. Navigable streams, location of tow paths along, Act 4363. Navigable streams, obstruction of prevented. Act 4353. Overseers to regulate in particular county: See Particular Title. Particular stream or creek: See Particular Title. Protection districts: See Protection Districts. River improvement in cities of third class, p. 819, § 535. Subterranean waters, prevention of waste of. Act 4356. Supervisors authorized to declare innavigable streams high- ways for logs and timber. Act 4361. Supervisors, duties regarding care, improvement and protection of streams and banks, p. 142, § 52. Throwing overboard of ballast prevented. Act 4354. Tow paths along navigable streams, location of. Act 4363. Water commissioners for various counties : See Particular County. 1VATER WORKS, cities authorized to acquire water, water rights, reservoir sites, etc., Act 2337. Cities authorized to incur debt to construct water works, Act 2361. Cities, bonds for construction of works to protect from over- flow. Act 2366. Cities, joint ownership of by. Act 2362. Cities of first class authorized to obtain water works. Act 2360. City owning authorized to sell excess. Act 2363. WATSONVILLE, incorporation of. Act 4371. WA>VONA, Yosemite and Wawona road, appropriation to pur- chase. Act 1452. WAYS: See Highways. WEAPONS, deadly, improper and criminal use of, prevention of. Act 887, WEAVERVILLE, hogs and goats prevented from running at large in, Act 4376. WEEDS, eradication of certain weeds in cities, Act 3925. WEIGHTS AND 3IEASL'RES, standard of. Acts 4381, 4382. Warehousemen and wharfingers, weights and weighers for. Act 4383. WEliliS, artesian wells: See Artesian Wells. Oil wells: See Oil. WEST SIDE IRRIGATION DISTRICT, creation of. Acts 1725, 4388. 1738 WHARFINGERS — WORDS AND PHRASES. WHARFINGERS, receipts, Acts 4318, 4393. Weights and weighers for. Act 4383. WHARVES, supervisors autliorized to grant right to construct. Act 4398. Supervisors, powers and duties of, p. 121, § 25, subd. 4. WHEATLAND, incorporation of. Act 4403. W^HITTIER STATE SCHOOL,, commitments to. Acts 2756, 4410. Commitments to, authority given to superior judges. Act 2756. Establishment of, Act 4408. Evil-disposed persons prevented from coming on grounds of. Acts 2755, 4409. Juvenile offenders, discipline, education, employment and re- formation of. Act 4408. Juvenile offenders, establishment of for, Act 4408. Mamtenance of inmates, liability for. Acts 2756, 4410. "VVILD ANIMALS: See Animals. WILD GOOSE SCHOOL DISTRICT, Rattlesnake school district, and. El Dorado County, consolidated. Act 3543. WILMINGTON, construction of telegraph line from Los Angeles to. Act 4093. Incorporation of, Act 4415. Name of New San Pedro changed to "Wilmington, Act 2484. Pilots, appointment of at, Act 2672. WILLS, public institutions, gifts to, encouragement of, Acts 4162, 4163. WINES: See Intoxicating Liquors; Viticulture. W'lTNESSES, costs for serving subposnas, Act 782. County clerk as witness outside of city, fees and expenses, p. 707, § 126. Fees of. Acts 414, 1123. Fees of jurors and witnesses a county charge, p. 321, § 228, subd. 4. Fees of in counties of thirty-fourth class, p. 274, subd. 18. Fees of and mileage in counties of thirty-eighth class, p. 284, subd. 17. Subpoenas, costs of serving. Act 1120. Subpoena, how served, p. 1.S5, § 2S. Supervisors, subpoenaing, pp. 135, 136, §§ 28, 29, 31-33. WOMAN'S RELIEF CORPS, appropriations for. Acts 4420, 4421. Assistance to in providing for female relatives of veterans. Acts 4420, 4421. Assistance to in providing for ex-army nurses. Acts 4420, 4421. Home excepted from provisions of act creating state board of charities, p. 90, § 7. W^OODBRIDGE, hogs and goats prevented from running at large in. Act 4426. WOODLAND, re-incorporation, Act 4431. W^OOD'S ISLAND, Sacramento County, annexed to Rio Vista school district, Solano County, Act 3540. WORDS AND PHRASES, conspiracy. Act 692. WORKSHOPS — YOLO SCHOOL DISTRICT. 1739 WORKSHOPS, sanitary conditions of factories and workshops, Act 2S41. WRECKS, act concerning wrecks and wrecked property, Act 4437. Watercrat't found adrift, act concerning, Act 4436. WRITS, summons: See Summons. Validation of writs, process and certificates issued before courts have seals. Act 2791. IfACHT CLUBS, incorporation of authorized. Act 4442. VEIAR, fiscal year changing in cities operating under charters, Act 1193. SfOIiO COUNTY, agriculture, protection of from trespassing ani- mals, Act 4447. Animals, trespassing in, Acts 4447, 4448. Boundary line between Lake and Yolo counties. Act 820. Canal, construction of in Colusa, Solano and Yolo counties, Acts 3677, 4449. Canal in Colusa, Solano and Yolo counties, construction of, aiding of. Act 531. Drainage of certain lands in Colusa and Yolo counties. Acts 649, 4450. Fees of officers of. Act 4451. Gophers, in, destruction of. Act 186. Highways in, Act 4454. Hunting of game in restricted. Act 1312. Oflicers of, fees and salaries of. Act 4451. Public administrator of, acts of legalized. Act 4452. Reclamation district No. 108, legalized. Act 2955. Reclamation district No. lOS, warrants and assessments to bear interest. Act 2956. Roads in, Act 4454. Road along boundary between Tolo and Colusa counties, estab- lishing. Act 4453. Road, public, along boundary line between Colusa and. Act 656. School moneys in, distribution of. Act 4455. Squirrels in, destruction of. Act 186. Supervisors authorised to approve petitions for formation of reclamation districts. Act 2971. Supervisors, terms of office and time of meeting of. Act 4456. Stallions prevented from running at large in. Act 1063. Swamp land district No. 150, formation of, Act 2960. Swamp land district No. 307, legalized. Act 2965. Taxes, supervisors authorized to levy. Act 4457. Title to certain lands in quieted. Acts 4458-4461. Title to tract of land in released to George Herget, Act 4461. Title to certain land released to United States and its grantees. Act 4459. Washington township, hogs and goats in. Act 4333. Yolo and Solano Canal district, formation of to protect lands from overflow by Putah Creek, Act 2905. YOLO SCHOOL DISTRICT, union with Putah school district, Act 3538. 17iO YOSEMITE AND WAWONA ROAD — YUBA COUNT 1'. YOSEMITE AKD WAWONA ROAD, appropriation to purchase Act 1452. YOSEMITE VALLEY, free wagon road from Mariposa town to, appropriation for, Act 4467. Improvements in, provision for. Act 4469. Management of, Act 4466. Roads within limits of, appropriation for purchase of Act 446S. Tosemite and Wawona road, purchase of, Act 4468. Big Oak Flat and Yosemite township road, purchase of, Act 4468. YOUATVILiLE: See Veterans' Home. YREKA, incorporation of. Act 4474. YUBA CITY, incorporation of. Act 4479. YUBA COUNTY, agriculture, protection of in Marysville and Long Bar townships. Act 4484. Animals of another, wounding in, punishment of, Act 1593. Animals, trespassing of in. Act 4485. Animals, trespassing of in Marysville and Long Bar town- ships, Act 4484. Boundary line between Butte and Yuba counties. Act 808. Fees of officers of, Act 4489. Fences in. Acts 1134, 1135, 1137. Fences, division, in. Act IISS. Fences, lawful, in, Act 4486. Fences, lawful and partition in, defined. Act 4487. Fences in, tearing down of, prevention of, Act 1593. Fires, leaving of, punishment of, Act 1593. Highways of. Act 4493. Hunting on inclosed private land, prevention of, Act 1593. Inclosures, passing through and leaving open, Act 1593. Judges, separate, for Sutter and Yuba counties. Acts 3998, 4495. Long Bar township, prevention of trespassing of animals. Act 4484. Long Bar township, protection of agriculture in. Act 4484. Levee district in. Act 1915. Marysville town&hip, prevention of trespassing of animals. Act 4484. Marysville township, protection of agriculture in, Act 4484. Navigability of. Act 4358. Officers of, fees of. Act 4489. Officers of, salaries of. Acts 4488, 4489. Overflow, protection of lands from. Act 4490. Records in, transcribing of. Acts 4491, 4492. Roads of. Act 4493. Road overseers. Act 4494. Road poll taxes. Act 4494. Stallions prevented from running at large in. Act 1063. . . CD CO CD ,<;,.OFCAlIFO/?^ ^MEUNlVERy/A A\^EUNIVER5//, ^^^^l•llBRARY<7/: ^iSfOJITYDJO^ >;,oFCAiiFOMfc. Mimm^. 03 jjiijnviur^ ^:J^t•llBl&AHV8aii-^^ ^^^Aavaan-^^"^