—J UNIVERSITY OF CALIFORNIA LOS ANGELES *> SCHOOL OF LAW LIBRARY Owartment of PuWic ^"_^!^JL. I THE POLITICAL CODE '?',/cJryv.a' LuoS^imfoh^j&Tc. n / THE POLITICAL CODE STATE OF CALIFORNIA. AS ENACTED IN 1872, AND AMENDED UP TO AND INCLUDING 1897. BY JAMES H. DEERING, Of the San Francisco Bar. SAN FRANCISCO: BANCROFT-WHITNEY CO Law Publishers and Law Booksellers. 1897. C3^ Copyright 1897, Br BANCROFT-WHITNEY CO. San Francisco: The Fii.mer-Rollins Electrotype CoisrPANT, Typographers and Stereotypers. ANALYSIS OF THE CONTENTS. PRELIMINARY PROVISIONS, §§ 2-20. PART I. OF THE SOVEREIGNTY AND PEOPLE OF THE STATE, Etc., §§ 30-60. PART II. POLITICAL DIVISIONS OF THE STATE, §§ 75- 203. PART III. GOVERNMENT OF THE STATE, §§ 220-3900. PART IV. GOVERNMENT OF COUNTIES, Etc., §§ 3901- 4457. PART V. SOURCES OF LAW AND EFFECT OF CODES, §§ 4466-4505. ADDENDA. GENERAL LAWS ON SUBJECTS EMBRACED IN THE POLITICAL CODE. (V) SUMMARY OF CONTENTS. PART I. OF THE SOVEREIGNTY AND PEOPLE OF THE STATE, AND OF THE POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT TO ITS JURISDICTION, §§ 30-60. Sovereignty of tlie State, Title i, §§ 30-44. Residence of sovereignty, chap, i, § 30. Territorial jurisdiction of the State, chap, ii, §§ 33-34. General rights of the State over persons, chap. iii, § 37. General rights of the State over property, chap, iv, §§ 40-44. Persons Composing the People of the State, Title ii, §§ 50-52. Political Rights and Duties of all Persons Subject to the Jurisdiction of the State, Title iii, §§ 54-60. PART II. OF THE CHIEF POLITICAL DIVISIONS, SEAT OF GOVERNMENT. AND LEGAL DIS- TANCES OF THE STATE, §§ 75-203. Chief Political Divisions of the State, Title i, §§ 75-142. Counties, chap, i, § 75. Senatorial districts, chap, ii, §§ 78-106. (Su- perseded.) Congressional districts, chap, iii, § 117. (Su- perseded.) Judicial districts, chap, iv, §§ 125-142. (Re- pealed.) Seat of Government, Title ii, § 145. Legal Distances in the State, Title iii, §§ 150-203. (vi) Summary of Contents. PART III. OF THE GOVERNMENT OF THE STATE, §§ 220-3900. Public Officers, Title i, §§ 220-1032. Classification of public officers, chap, i, § 220. Legislative officers, cliap. ii, §§ 225-337. Executive officers, chap, iii, §§ 341-715. Judicial officers, chap, iv, § 726. Salaries of judicial officers, chap, v, §§ 736- 739. Ministerial and other officers connected with the Courts, chap, vi, §§ 749-831. General provisions relative to different classes of officers, chap, vii, §§ 841-1032. Of Elections, Title ii, §§ 1041-1365. General px'ovisions i*elatiug to elections, chap, i, §§ 1041-1073. Qualifications and disabilities of electors, chap, ii, §§ 1083-1084. Registration of electors, chap, iii, §§ 1094-1117. Election precincts, chap, iv, §§ 1127-1132. Boards of election, chap, v, §§ 1142-1150. Opening and closing the polls, chap, vi, §§ 1160- 1164. Poll lists, chap, vii, §§ 1174, 1175. Election ticliets and ballots, chap, viii, §§ 1185- 1191. Voting and challenges, chap. Ix, §§ 1224-1243. Canvassing and returning the vote, chap, x, §§ 1252-1268. Canvass of returus; declaration of result; com- missions and certificates of election, chap, xi, §§ 1278-1297. Elections for Electors of President and Vice- President, chap, xii, §§ 1307-1322. Elections for members of Congress, chap, xiii, §§ 1332-1347. Primary elections, chap, xiv, §§ 1357-1365. Education, Title iii. §§ 1.385-1888. Univex-sity of California, chap, i, §§ 1385-1477. State Normal School, cliap. ii, §§ 1487-1507. Public schools, chap, iii, §§ 1517-1888. viii Summary of Contents. State Militia, Title iv, §§ 1895-2117. Enrolled militia, chap, i, §§ 1895-1902. National Guard, cliap. ii, §§ 1912-2030. Calling and drafting the militia into active ser- vice, chap, iii, §§ 2039-2066. Courts-martial and of inquiry, chap, iv, §§ 2076-2087. Board of Military Auditors, chap, v, §§ 2093- 2100. Adjutant General, chap, vi, §§ 2107-2117. Public Institutions, Title v, §§ 2136-2328. Insane Asylum, chap, i, §§ 2136-2222. Deaf. Dumb, and Blind Asylum, chap, ii, §§ 2237-2282. State Library, chap, iii, §§ 2292-2305. Supreme Court Library, chap, iv, §§ 2313-2316. Other public institutions, chap, v, §§ 2326- 2328. Public Ways, Title vi, §§ 2348-2938. Public waters, chap, i, §§ 2348-2572. Highways, chap, ii, §§ 2618-2756. Toll roads, chap, iii, §§ 2779-2832. Toll bridges and ferries, chap, iv, §§ 2843-2895. Wharves, chutes, and piers, chap, v, §§ 2906- 2920. Miscellaneous provisions relating to public ways, chap, vi, §§ 2931-2938. General Police of the State, Title vii, §§ 2949-3387. Immigration, chap, i, §§ 2949-2968. Preservation of the public health, chap, ii, §§ 2978-3063. Registry of births, marriages, and deaths, chap, iii, §§ 3074-3083. Dissection, chap., iv, §§ 3093-3095. Cemeteries and sepulture, chap, v, §§ 3105- 3111. Lost and unclaimed property, chap, vi, §§ 3136- 3157. Marks and brands, chap, vii, §§ 3167-3199. Weights and measures, chap, viii, §§ 3209-3223. Labor and materials on public buildings, chap, ix, §§ 3233-3234. Hours of labor, chap, x, §§ 3244-3245. Time. chap, xi, §§ 3255-3260. Money of account, chap, xii, §§ 3272-3274. Auctions, chap, xiii, §§ 3284-3324. Fires and firemen, chap, xiv, §§ 3335-3345. Licenses, chap, xv, §§ 3356-3387. Summary of Contents. ix Property of the State, Title viii, §§ 3395-3597. The public lands, chap, i, §§ 3395-3574. The Yosemite Valley and INIariposa Big Tree Grove, chap, ii, §§ 3584-3586. The State Burying Ground, chap, iii, §§ 359G- 3597. Revenue. Title ix, §§ 3607-3900. Property liable to taxation, chap, i, §§ 3607- 3608. Definition, chap, ii, § 3617. Assessment of property, chap, iii, §§ 3627-3665. Equalization of taxes, chap, iv, §§ 3672-3705. Levy of taxes, chap, v, §§ 3713-3719. Duties of Auditor in relation to revenue, chap. vi, §§ 3727-3738. Collection of property taxes, chap, vii, §§ 3746- 3816. Collection of taxes by the Assessor on certain personal property, chap, viii, §§ 3820-3830. Poll taxes, chap, ix, §§ 3839-3862. Settlements with the Controller and payments into the State Treasury, chap, x, §§ 3865- 3880. Miscellaneous provisions, chap, xi, §§ 3881-3900. PART IV. OF THE GOVERNMENT OF COUNTIES, CITIES, AND TOWNS, §§ 3901-4457. Of Counties, Title i, §§ 3901-3985. County boundaries and county seats, cliap. i, §§ 3901-3958. General provisions relating to counties, chap. ii, §§ 3969-3985. The Government of Counties, Title ii, §§ 4000-4347. Counties as bodies corporate, chap, i, §§ 4000- 4007. The Board of Supervisors, chap, ii, §§ 4022- 4087. County officers, chap, iii, §§ 4101-4316. Salaries and fees of office, chap, iv, §§ 4328- 4333. Other county charges, chap, v, §§ 4343-4347. X Summary of Contents. The Government of Cities, Title iii. §§ 4354-4449. Cities as bodies corporate, chap. i. §§ 4354-4374. Executive powers, chap, ii, §§ 4385-4393. Legislative powers, chap, iii, §§ 4403-4414. Judicial powers, chap, iv, §§ 4424-4432. Certain statutes relating to cities and towns and existing corporations continued, chap. V, § 4442. Funding and refunding of city indebtedness, chap, vi, §§ 4445-4449. Liability of Counties and Cities for Injury to Property by Mobs or Riots, Title iv, §§ 4452-4457. PART V. OF THE DEFINITION AND SOURCES OF LAW— EFFECT AND PUBLICATION OF THE CODES, AND THE EXPRESS RE- PEAL OF STATUTES, §§ 4466-4505. Definition and Sources of the Law, Title i, §§ 4466-4468. Effect of the Codes. Title ii. §§ 4478-4484. Publication of the Codes, Title iii, § 4494. Express Repeal of Statutes, Title iv, §§ 4504- 4505. APPENDIX. PEELIMINARY PROVISIONS. THE POLITICAL CODE STATE OF CALIFORNIA. AN ACT TO ESTABLISH A POLITICAL CODE. [Approved March 12, 1872.] Tlie People of the State of California, repre- sented in Senate and Assembly, do enact as fol- lows : TITLE OF THE ACT. S 1. This Act shall he known as The Political Code of the State of California, and is divided in- to five Parts, as follows: Part I. Of the Sovereignty and People of the State, and of the Political Rights and Duties of all Persons subject to its Ju- risdiction. TI. Of the chief Political Divisions. Seat of Government, and Legal Distances of the State. III. Of the Government of the State. IV. Of the Government of Counties, Cities and Towns. V. Of the Definition and Sources of Law; the Common Law; the Publication and Ef- fect of tlie Codes; and the Express Re- peal of Statutes. Mode of citing: Sec. 20. Pol. Code— 1. (1) THE POLITICAL CODE STATE OF CALIFORNIA. PRELIMINARY PROVISIONS. § 2. When Code takes effect. § 3. Not retroactive. § 4. Construction of the Political Code. § 5. Provisions similar to existing laws, hovr construed. § 6. Tenure of offices preserved. § 7. Construction of repeal as to certain offices. S 8. ."ictions, etc., not affected by this Code. § 9. Limitations shall continue to run. § 10. Holidays, i 11. Same. § 12. Computation of time. § 13. Certain acts not to be done on holidays. § 14. Seal defined. § 15. Joint authority. § 16. Words and phrases. § 17. Certain terms used in this Code defined. § 18. Statutes, laws or rules inconsistpnt with Code re- pealed. § 19. Certain statutes preserved. § 20. This Act, how cited, etc. S 2. This Code takes effect at twelve o'clock, noon, of the first day of January, eighteen hundred and seventy-three. Same provision — in § 2 of the other Codes. Existinu enactments — and proceediucs, how af- fected, §§ 8, 18. Effect of the Codes-=-§§ 447S-4484. and see sees. 3-19 inclusive. Publication of the Codes— § 4494. Operation of statutes— §§ 323-330. Promuluatiou of statutes— §§ 318, 52G-52S. ^2^ 3 Prelimiuary Provisions. §§ 3, 4 §. 3. No part of it is retroactive, unless ex- pressly so declared. Saiiie provision — by § 3 of the other Codes. Accrued rights— not affected, §§ 8-18. Impairing vested rights: See sec. 8, post. § 4. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code estab- lishes the law of this State respecting the sub- jects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice. Similar provision — by sec. 4 of the other Codes. Construction of Statutes: Amendments— Sees. 325, 330; see Const. Cal.. art. 18, sec. 1. Codes— construction of, sees. 4478, 4480. Common law— statutes in derogation of, see see. 4. Conflicting enactments: See sees. 4480-4484; also sees. 4478-4479. Contemporaneous exposition— best aid to con- struction: Civ. Code, sec. 3535. Declaring what is written: See Code Civ. Proc, sec. 1858. p]ffect to all portions— should be given: See Code Civ. Proc, sec. 1858; Civil Code, sec. 3541. Enacting clause — of statutes: Const. Cal., sec. 1, art. 4. Intention of Legislature— is guide: See Code Civ. Proc, sec. 1859. .Judicial interpretation: See Code Civ. Proc, sec. 1858. Mandatory provisions— of Const. Cal. 1879: See same, art. 1, sec. 22. Natural right— preferred : See Code Civ. Proc, sec 1866. Particular provision — or intent controls general: Code Civ. Proc, sec. 1859; Civil Code, sec. 3534. Political Code— Construction of: Sees. 3-5, 8, 18. and generally, sees. 1-20. Reasonable interpretation— required: See Civil Code, § 3542. Itules — of construction and interpretation: See Code Civ. Proc. sees. 1858, 1859, 1866. Words— and phrases: See sees. 15, 16, 17. S§ 5-9 Preliminary Provisions. 4 § 5. Tlie provisions of this Code, so far as ihey are substantially the same as existing statutes, must be construed as continuations thereof, and not as new enactments. Similar provision: Sec. 5 of the other Codes. § 6. All persons who, at the time this Code talces effect, hold office under any of the acts re- pealed, continue to hold the same according to the tenure thereof, except those officers which are not continued by one of the Codes adopted at this session of the Legislature, and excepting offices filled by appointment. [Amendment approved March 30: Amendments 1873-4, p. 3. In efCeci July 6, 1874.] Similar provision— in Code Civ. Proc: Sec. C. Offices not continued— by Codes: see sec. 7. § 7. When any office is abolished by the repeal of any act, and such act Is not in substance re enacted or continued in either of the four Codes, such office ceases at the time the Codes take ef- fect. Same provision— in Code Civ. Proc: Sec. 7. Repeals by implication: See sec. 18, post. § 8. No action or proceeding commenced before this Code talies effect, and no right accrued, is af- fected by its provisions, but the proceedings there- in must conform to the requirements of this Code as far as applicable. Similar provisions— in Civ. Code: Sec. 6; Code Civ. Proc, sec. 8; Penal Code, sec. 6. § 9. When a limitation or period of time pre- scribed in any existing statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, and the same or any limitation is prescribed in this Code, the time which has already run shall be deemed part of the time prescribed as such limitation by this Code. [Amendment ap- proved Marcli 24, 1874; Amendments 1873-4, p. 279. In effect July 1, 1874.] 5 Prellmiuary Provisions. §§ 10-12 Same provision— in Code Civ. Proc: Sec. 9. Limitations of civil actions: See Code Civ. Proc, sees. 312-303. § 10. Holidays, within tlie meaning of this Code, are every Sunday, the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the first Monday in September, tlie twenty-fifth day of December, every day on which an election is held throughout the State, and every day appointed by the President of the United States, or by the Governor of this State, for a pub- lic fast, thanlisgiving, or holiday. If the first day of January, the twenty-second day of Februai-y, the thirtieth day of May, the fourth day of July, the ninth day of September, or the twenty-fifth day of December fall upon a Sundas', the Monday foUoAving is a holiday. [Amendment approved February 23, 1897; Amendments 1897, chap. xvi. In effect immediately.] Also amended in 1893: Stats. 1893, p. 187. Similar provisions— in Civ. Code: Sec. 7, and Code Civ. Proc, sec 10. § 11. If the first day of January, the twenty- second day of February, the fourth day of July, or the twenty-fifth day of December, fall upon a Sunday, the Monday following is a holiday. [Approved March 30; Amendments 1873-4, p. 2. In efllect July 6, 1874.] Similar provisions— in Civ. Code: Sees. 7, 8, and Code Civ. Proc, sees. 10, 11. Holidays, Avhen counted: See sec. 13. § 12. The time in which any act provided by law is to be done is computed by excluding th<' first day, and including the last, unless the last day is a holiday, and then it is also excluded. Same provision— in Civ. Code: Sec. 10, and Code T'iv. Proc, sec 12. Time, how computed, and year, weel<, and day defined: See post, sees. 3255 et seq. §S 13-lG Preliminary Provisions. G § 13. Wlienever any act of a secular nature, otlier than a vrovk. of necessity or mercy, is ap- pointed by law or contract to be performed upon a particular day, -svliicli day falls upon a holiday, such act may be performed upon the next business day with the same effect as if it had been perform- ed upon the day appointed. Same provision— in Civ. Code: Sec. 11, and Code Civ. Proc.° sec. 13. § 14. When the seal of a court, public officer or person is required by law to be affixed to any pa- per, the word "seal" includes an impression ot such seal upon the paper alone as well as upon wax or a wafer affixed thereto. Same provision— in Code Civ. Proc: Sec. 14. Private writings- seals for: See Code Civ. Proc. sees. 1920-1934. Abolition of distinction— between sealed and un- sealed instruments: See Civ. Code, sec. 1G29; Code Civ. Proc, sec 1932. Impression of seal — sufficient: See Civ. Code, sec. 1628. Seals other than official are abolished bv the Civ. Code: Sec. 1629. Seals of courts: See Code Civ. Proc, sees. 147- 153. § 15. Words giving a joint authority to three or more public officers, or other persons, are con- strued as giving such authority to a majority of them, unless it is otherwise expressed in the' act giving the authority. Same provision — in Civ. Code: Sec. 12; Code Civ. Proc, sec. 15. § 16. Words and phrases are construed accord- ing to the context and the approved usage of the language: but technical words and phrases, and such others as have acquired a peculiar and ap- propriate meaning in law. or are defined in the suc- ceeding section, ai"e to be construed according to such peculiar and appropriate meaning or detiui tion. Same provision— in Civ. Code: Sec. 13, and Code Civ. Proc. sec. 16. Words of a contract— how interpreted: See Civil Code. see. 1644. 7 Preliminary Proyisious. § 17 Terms of a writing— liow construed: See Code Civ. Proc, see. 1861. Technical words: See Civil Code, sec. 1645. § 17. Words iised in tliis Code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as a nat- ural person; writing includes printing; oath in eludes affirmation or declaration; every mode of oral statement under oath or atflrmatiou is em- braced by the term "testify," and every written one in the term "depose;" signature or sulsscription iucludes mark, when the person cannot write, his name being written near it, and witnessed by a person who writes his own name as a witness. The following words, also, have in this Code the signification attached to them in this section, un- less otherwise apparent from the context: One— The word "property" includes both real and personal property. Two— The words "real property" are coexten- sive with lands, tenements and hereditaments. Three— The words "personal property" include money, goods, chattels, things in action, and evi- dence's of debt. Four— The word "month" means a calendar month, unless otherwise expressed. Five — The word "will" includes codicils. Six — The word "writ" signifies an order or pre- cept in writing, issued in the name of the People, or of a Court or judicial officer; and the word "pro- cess," a writ or summons issued in the course of .iudici.nl proceedings. Seven — ^J'he word "vessel," when used in refer- ence to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to T)lace. Eiglit— The term "peace officer" signifies any of the officers mentioned in section eight hundred and seventeen of the Penal Code. Nine— The term "magistrate" signifies any one of the officers mentioned in section eight hundred and eight of the Penal Code. Ten— The word "State," when applied to the dif- ferent parts of the United States, includes the Dis- §§ IS, 19 Prelim iuaiT Provisions. 8 trict of Columbia and the Territories; and tlie words "United States" may include the Districa and Territories. [Approved March 30; Amend- ments 1S73-4, p. 2. In effect July 6, 1874.] Similar provisions— in Civ. Code: Sec. 14; Code Civ. Proc, see. IT; Penal Code, sec. 7. Words used in boundaries are defined in sections 39u3 to 3907 of this Code. § 18. No statute, law, or rule is continued in force because it is consistent with the provisions of this Code, on the sahie subject; but in all cases provided for by this Code all statutes, laws, and rules heretofore in force in this State, whether consistent or not with the provisions of this Code, unless expresslj" continued in force by it, are re- pealed and abrogated. This repe.al or abrogation does not revive any former law heretofore repeal- ed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this Code provided; nor does it affect any private statute not expressly repealed. Same provision— in Civ. Code: Sec. 20, and Code Civ. Proc. sec. 18. Repealing statutes— and repeals generally: Sees. 327-329, 4504, 4505. Statutes continued in force: Sec. 19. The repeal of a repealing act does not revive the original act: See post, sec. 328. Vested rights: See sec. 8. § 19. Nothing in either of the four Codes af- fects any of the provisions of the following stat- tites. but such statutes are recognized as continu- ing in force, notwithstanding the provisions of the Codes, except so far as they have been repealed or affected bv subsequent laws: 1. All acts incorporating or chartering muni- cipal corporations, and acts amending or supple- menting sticli acts; 2. All acts consolidating cities and counties, and acts amending or supplementing such acts; 3. All acts for funding the State debt, or any part thereof, and for issuing State bonds, and acts amending or stipplementing such acts: 4. All acts regulating and in relation to rodeos; 5. All acts in relation to Judges of the Plains; 9 Preliminary Provisions. § 19 0. All acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the State; 7. All acts in relation to a branch State prison; 8. An act for the more effectual prevention of cruelty to animals; approved March thirtieth, eighteen hundred and sixty-eight; 9. An act for the suppression of Chinese houses of ill-fame, approved INIarch thirty-first, eighteen liundred and sixty-six; 10. An act relating to the home of the inebriate of San Francisco, and to prescribe the powers an. In effect December 1, 1879.] The preceding article is based upon the following statutes: 1854, 117, 118, 177; 1868. 447, 448, 660; 1866, 103, 156, 270; 1870, 373, 517; 1861, 413; 1863, 703. I • « Act prohibiting creation of debt in excess of ap- propriation: See General Laws, title "Public Debt." § 425. The board of capitol commissioners shall appoint three special policemen, to hold office dur- ing its pleasure, for the State capitol grounds, who shall have the power of peace officers, and receive for their services a salary of one hundred dollars per month each, payable as the salaries of other State officials. [In effect March 20, 1889.] ARTICLE YI. CONTROLLER. § 433. General duties of. § 434. Certificate of settlement. § 435. Special duties connected with School Fund. . § 436. Order in which warrants must be drawn. § 437. Proceedings against defaulters. § 438. Salary. § 439. Salary of Deputy Controller. § 440. Salary of Bookkeeper. § 441. Salary of Clerks. § 442. Official bond. § 443. Controller to estimate and certify school tax of year. § 444. Grammar School fund. (Repealed.) § 433. It is the duty of the controller: 1. To superintend the fiscal concerns of the State; 2. To report to the Governor, on the second Monday iu October next preceding each regular session of the legislature, a statement of the funds of the State, its revenues, and of the public ex- penditures duriug the two preceding fiscal years, together with a detailed estimate of the expendi- 83 Executive Officers. § 433 tures to be defrayed from the treasury for the two ensuing fiscal years, specifying therein each ob- ject of expenditure, and distinguishing between sudh as are provided for by permanent or tempo- rary appropriations and such as must be provided for by a new statute, and suggesting the means from which such expenditures are to be defrayed; 3. To accompany his biennial report with tab- ulai; statements, showing: 1. The amount of each appropriation for the two preceding fiscal years, the amounts expended, and the balance, if any; 2. The amount of revenue chargeable to each coun- ty for such years, the amount paid, and the amount unpaid or due therefrom; 4. When requested, to give information in writ- ing to either house of the legislature relating to the fiscal atfairs of the State or the duties of his office; 5. To suggest plans for .the improvement and management of the public revenues; 6. To keep and state all accounts in which the State is interested; 7. To keep an account of all warrants drawn upon the treasurer, and a separate account under the head of each specific appropriation, showing at all times the unexpended balance of such appro- priation; 8. To keep an account between the State and the treasiu'er, and therein charge the treasurer with the balance in the treasury when he came into office, and with all moneys received by him, and credit him with all warrants drawn on and paid by him; 9. To keep a register of warrants, showing the fund upon which they are drawn, the number, hi whose favor, for what service, the appropriation applicable to the payment thereof, when the lia- bility accrued, and a receipt from the person to whom the warrant is delivered; 10. To audit all claims against the State in cases where there is [are] sufficient provisions of law for the payment thereof; 11. To examine and settle the accounts of all persons indebted to the State, and to certify tiie amount to the treasurer, and upon presentation and filing of the treasurer's receipt therefor to give such person a discharge and charge the treas- urer therewith; § 433 Executive Officers. 84 12. In his discretion to require any person pre- senting an account for settlement to be sworn be- fore bim, and to answer orally or in writing, as to any facts relating to it; 13. To require all persons who have received any moneys belonging to the State and have not accounted' therefor to settle their accounts; 14. In his discretion to inspect the books of any person charged with the receipt, safe keeping, or disbursement of public moneys; 15. In his discretion, to require all persons who have received moneys or securities, or have had the disposition or management of any property of the State of which an aceoimt is kept in his office, to render statements thereof to him, and all such persons must render such statement at such times and in such form as he may require: 16. To direct and superintend the collection of aU moneys due the State, and institute suits in its name for all official delinquencies in relation to the assessment, collection, and payment of the rev- enue, and against persons who b,v any means have become possessed of public money or property and fail to pay over or deliver the same, and against all debtors of the State: of which suits the courts of Sacramento county have .iurisdietion. without regard to the residence of the defendants: 17. To draw warrants on the treasurer for the payment of moneys directed by law to be paid out of the treasury: but no warrant must be drawn unless authorized by law. and upon an tmexhaust- ed specific appropriation provided by law to meet the same. Every wnrrant must be drawn upon the fund out of which it is payable, and specify the service for which it is dra^wn. when the linhil- itv accrued, and the specific appropriation applica- ble to the payment thereof: 18. To furnish the State treasurer with a list of warrants drawn upon the treasury: 19. To have printed and forwarded to the audi- tor of each county blank State licenses; 20. To authenticate with his official seal all drafts and warrants drawn by him, and all copies of papers issued from his office; 21. To perform the duties of a member of the State board of equalization, and of the State board 85 Executive Officers. §§ 434,435 of tide land commissioners, and such other duties as are prescribed by law. Controller— impeachable: Const. Cal., art. 4, sec. 18. Election, sec. 348, Const. Cal., art. 5, sec. 17. Compensation, sec. 438. State board of equaliza- tion, ex-officio member of. Const. Cal., art. 13, sec. 9. Canvasser of returns of election on revision of Constitution. Const. Cal., art. 18, sec. 2. Super- vision of, by board of examiners, sees. 672, 674, 675, 678. Subdivision 11. Certificate: See sec. 434, Subdivision 17. Warrants— authority to dravr: Sec. 672. Punishment for willful omission of duty: Penal Code, sec. 176. Act authorizing^ charge against general fund: See post. Appendix, p. 958. Lost warrants— act relating to payment of: See General Laws, title "Lost Warrants." § 434. The certificate mentioned in subdivision 11 of section 433 must show by whom the payment is to be made, the amount thei'eof, and the funds into which it is to be paid, and must be numbered in order, beginning with number one at the com- mencement of each fiscal year. § 435. The controller must keep a separate ac- count of the school fund, and of the interest and income thereof, together with such moneys as may be raised by special tax, or otherwise, for school purposes. He must, on the first Monday in Jan- iiary and on the first Monday in July in each year, report to the superintendent of public instruction, a statement of the securities belonging to the school fund, of the moneys in the treasury subject to apportionment, and the several sources from whicli they accrued. He must draw his warrant on the State treasurer in favor of any county treasurer, whenever such county treasurer pre- sents, with his indorsement, an order drawn by the superintendent of public instruction in favor of such county; and the warrant so drawn is not subject to the provisions of article eighteen of this chapter. [Amendment approved March 31, 1891; Stats. 1891, p. 471. J Apportionment of State school fund: Sec. 1532, subd. 4. Pol. Code— 8 §§ 436-438 Executive Officers. 86 School fund— provisions of art. 18 inapplicable: See sees. 654-683, and especially sees. 680, 681. § 436. All warrants for claims which have been audited by the board of examiners and filed in his office must be drawn in the order of the numbers placed upon them by that board. Board of Examiners: Sees. 654-683. § 437. Whenever any person has received moneys, or has money or other personal property whicli belongs to the State by escheat or other- wise, or has been intrusted with the collection, management, or disbursement of any moneys, bonds, or interest accruing therefrom, belonging to or held in trust by the State, and fails to render an account thereof to, and make settlement with, the controller within the time prescribed by law, or when no particular time is specified, fails to render such account and malie settlement, or who fails to pay into the State treasury any moneys belonging to the State, upon being required so to do by the controller, within twenty days after such requisition, the controller must state an ac- count with such person, charging twenty-five per cent, damages, and interest at the rate of ten per cent, per annum from [the] time of the failure; a copy of whicli account in any suit therein is prima facie evidence of the things therein stated; but in case the controller cannot for want of in- formation state an account, he may in any ac- tion brought by him aver that fact and allege gen- erally the amount of money or other property which is due to or which belongs to the State. [Amendment approved March 30; Amendments 1873-4, p. 7. In effect July 6, 1874.] Escheatmeut: See Escheated Estates, sec. 41. Further duties of Controller — as to warrants, etc.: See Stats. 1872. p. 537; 1874, pp. 519. 606. 620, 802, 864. § 438. Tlie annual salary of the controller, to include all services rendered ex-officio as member of any board or commission as now required, or vs'hich may be by law liereafter devolved upon 87 Executive Officers. §§ 439-443 him, is three thousand dollars. [Amendment ap- proved Apiil 23; Amendments 1880, p. 86. In ef- fect July 1, 1880.] § 439. The annual salary of the deputy con- troller is tvi^o thousand four hundred dollars. [Amendment approved April 1, 1878; Amendments 1877-8, p. 4. In effect December 1, 1879.] § 440. The annual salary of the booklieeper for the controller is two tliousand dollars. [Ap- proved April 23, 1878; Amendments 1877-8, p. 4. In effect December 1, 1879.] § 441. The annual salary of each clerk in the controller's office is sixteen hundred dollars. [Ap- proved April 23; Amendments 1880, p. 87. In ef- fect July 1, 1880.] The salaries were lessened in each of the last four sections. § 442. The controller must execute an official bond in the sum of fifty thousand dollars. Official bonds: See post, sees. 947 et seq. § 443. The State controller must, between the tenth day of August and the first day of Septem- ber of each year, estimate the amount necessary to raise the sum of seven dollars for each census cliild, between the ages of five and seventeen years. in this State, whicli sliall l)e the amount nec- essary to be raised by ad valorem tax, for school purposes, during the year, which amount the con- troller must immediately certify to the State board of equalization. [New section approved March 13, 1874; Amendments 1873-4, p. 84. In effect March 13, 1874.] I'receding article is based upon the following statutes: 1850, 47; 1870, 333; 1854, 29; 1870, 827; 1863, 235; 1866, 691; 1861, 509; 1863, 362; 1853, 146; 1862, 4; 1857, 16; 1850, 51. The following special acts in relation to the du- ties of the controller, passed since the adoption of the codes, may be refei-red to: An act to authorize the controller of state to is- sue duplicate warrants (in favor of trustees of § 444 Executive Officers. 88 State normal school and O. P. Fitzgerald), ap- proved January 26. 1872; 1871-2, 38; repealed in part by act of March 23, 1872; 1871-2, 537. An act to provide for the return to the State treasury and cancellation of certain controller's warrants (drawn upon funds of swamp-land dis- tricts and received in payment of swamp lands), approved ]March 23, 1874; 1873-4, 519. An act to authorize the State controller to issue a duplicate warrant (to P"'riend & Terry), approved March 25, 1874; 1873-4, 606. An act to authorize the controller of State to is- sue duplicate warrants (to Jaclison Wilcoxson), ap- proved March 20, 1874; 1873-4, 620. An act authorizing the controller of State to credit certain counties with the amounts of old balances due the State, approved March 30, 1874; 1873-4, 802. An act to provide for the payment of certain con- trollers' warrants, approved March 30, 1874; 1873- 4, 864. Au act to authorize transfer of one hundred and three thousand dollars to funded debt fund, ap- proved March 4, 1881; 1881, 48. .See. also, title "Fuuds" in the General Laws, fifth volume of these codes. § 444. [Repealed. Stats. 1891, p. 150.] The fund known as the grammar school course fund, provided for by the statutes of 1887 (Stats. 18S7, p. 124) was also abolished by act approved March 20, 1891, as follows:— The fund known as the grammar school course fund is hereby abolished. Upon the passage of this act, the controller of State is hereby author- ized and directed to credit to the State school fund any and all money that may stand to the grammar sciiool course fund. All outstanding claims against the grammar school cour.se fund shall be paid out of the school fund. [Approved March 26, 1891; Stats. 1S91, p. 164, sec. 31.] 89 i . Executive Officers. § 452 ARTICLE VII. TREASURER. § 452. General duties. § 453. Limitations upon receipt and payment of monoy. § 454. General Fund. § 455. Salary of Treasurer. § 456. Salary of Clerks. § 457. Watchmen, appointment and salary. § 458. Watchmen, powers and duties. § 459. OfRcial bond of Treasurer. § 452. It is the duty of the treasurer: 1. To receive and keep in the vaults of the State treasury all moneys belonging to the State, not re- quired to be received and liept by some other per- son; 2. To file and keep the certificates of the con- troller delivered to him w^hen moneys are paid into the treasury; 3. To deliver to each person paying money into the treasury a receipt showing the amount, the sources from which tlie money accrued, and the funds into which it is paid, which receipts must be numbered in order, beginning with number one at the commencement of each fiscal year; 4. To pay warrants drawn by the controller out of tlie funds upon and in the order in which they are drawn; 5. Upon payment of any warrant, to take upon the back thereof the receipt of the person to whom it is paid, and file and preserve the same; 6. To keep an account of all moneys received and disbursed; 7. To keep separate accounts of the different funds; 8. To report to the controller, on the last day of each mouth, the amount disbursed for redemption of bonds and in payment of warrants during the month; which report must show the date and num- ber of such bonds and warrants, the funds out of which they were paid, and the balance of cash on hand in the treasury to the credit of each fund; 9. At the request of either house of the legis- lature, or of any committee thereof, to give in- §§ 453-455 Executive Officers. 90 formation iu writing as to the condition of the treasury, or upon any subject relating to the du- ties of his office; 10. To report to the Governor at the time pre- scribed iu section 332 of this Code, the exact bal- ance in the treasury to the credit of the State, with a summary of the receipts aud payments of the treasury during the two preceding fiscal years; 11. To authenticate with his official seal all writings and papers issued from his office; 12. To discharge the duties of State capitol com- missioner, aud such other duties as may be im- posed upon him by law. Original basis of article: See Stats. 1850, pp. 51, 63; 1855, pp. 46. 59; 1856, p. 230; 1857, p. 16; 1863, pp. 57, 752; 1870, pp. 333, 738. Treasurer — other duties, etc.: See Stats. 1872, pp. 118, 717, 874, 905, aud passim for special acts: See, also, sec. 669. post. Supervision, counting money, etc., by board of examiners, sees. 675-678. Acts authorizing transfer of fuuds: See post. Ap- pendix, pp. 1067. 1068. Act authorizmg cancellation of receipts to be u.sed as cash: See post. Appendix, p. 10(58. § 453. He must receive nojnoney into the treas- ury unless accompanied by the certificate of the controller provided for in sections 433 and 434 of this Code, and must pay none out upon warrants issued for indebtedness accruing prior to January first, eighteen hundred and fifty-seven. Refunded debt of 1857— act concerning certain duplicate bonds of: Stats. 1872. p. 905. Refunding money— paid into State treasury, spe- cial legislation for. prohibited: Const. Cal., 1879, art. 4, sec. 25, subd. 15. § 454. The general fund consists of moneys re- ceived into the treasury and not specially appro- priated to any other fund. § 455. Tlie annual salary of the State treasurer, to include all services rendered ex-offlcio as mem- ber of any board or commission as now required, or which may be hereafter by law devolved upon him, is three thousand dollars. [Approved April 23. 1880; Amendments 1880. p. 87. In effect July 1, 1880.] 91 Executive Officers. §§ 456-470 Salary of treasurer— amdt. 1880 conforms to Const. Cal. 1879, art. 5, sec. 19. § 456. The annual salary of the deputy State treasurer is twenty-four hundred dollars; the an- nual salary of the boolieeper of the treasurer of State is two thousand dollars. [In effect March 16, 1889.] . § 457. The treasurer may employ two watch- men, at an annual salary each of twelve hundred dollars. § 458. The watchmen must be alternately on duty at all hours of the day and night, and have the same power to make arrests as is by the Penal Code conferred upon peace officers. Arrest— by peace officer, Penal Code, sec. 836; generally. Penal Code, sees. "834-851. § 459. The treasurer must execute an official bond in the sum of one hundred thousand dollars. Official bonds: Sees. 947 et seq. Preceding article is based upon the following statutes: 1863, 752: Id. 57: 1870. 333; Id. 738: 1850, 63; 1855, 46; 1856, 230; 1855, 59; 1857, 16; 1850, 51. ARTICLE yill. ATTORNEY GENERAL. § 470. General duties. § 471. Salary. § 472. Salary of Deputy. § 473. Official bond. § 474. Escheated property. § 475. Clerks. § 470. It is the duty of the attorney general: 1. To attend the Supreme Court and prosecute or defend all causes to which the State or any offi- cer tlaereof. in his official capacity, is a party, and all causes to which any county may be a party, unless the interest of the county is adverse to the State, or some officer thereof acting in his official capacity; § 470 Executive Otficers. Executive Officers. §§ 499-50i„ § 499. Sections four hundred and ninety-nine and six Iiundred and eighty-four of the Political Code are hereby repealed. [Amendments of 1880, p. 2.] Section 499, relating to the salary of the register of the State land-offlce, was repealed by the act of February 25, 1880; Amendments 1880, 2 (Ban. ed. 10); tooli effect from passage; also by act of April 23, 1880; Amendments 1880, 87 (Ban. ed. 411); tooli effect from and after July 1, 1880. § 500. The annual salary of each clerk in the register's office is sixteen hundred dollars. [Amendment approved April 2.3; Amendments 1880, p. 87. In effect July 1. 1880.] Salary lessened. § 501. The Register must chai-ge and collect fees as foUow^s: For each certificate of purchase, duplicate, or patent, three dollars; for certifying a contested case to district court, three dollars; for copies of papers in his office, ten cents per folio, and fifty cents for the certificate with the seal attached; and such other fees as may be al- lowed by law. All fees received by the register must be disposed of as provided in Title VIII, of Part III, of this Code. Disposition of fees— see sec. 3574. § 502. The register must execute an official bond in the sum of ten thousand dollars. Official bond: Sees. 747 et seq. Official bond— Generally, see sees. 947-986. §§ T)! 2-517 Executive Officers. 100 ARTICLE XI. OF THE SUPERINTENDENT OF PUBLIC INSTRUC- TION. § 512. Duties. § 513. Salary. § 514. Salary of Deputy. § 515. Salary of Clerk. § 51t>. Traveling expenses. § 517. Official bond. § 512. The duties of the Superiiitendent of Pub- lic lustructiou are prescribed in Title III, of Part III, of this Code. See post, sec. 1532. See also Stats. 1872, 744. § 513. Tlie annual salary of the Superintendent of Public Instruction is three thousand dollars. [Amendmeut approved April 1, 1878; Amendments 1877-8, p. 5. In effect December 1, 1879.] The original omitted "of public Instruction." § 514. The annual salary of the Deputy for the Superintendent of Public Instruction is the same as the salary paid to deputies for other State offi- cers, namelv, two thousand four hundred dollars. [In effect xMarch 5, 1887.J § 515. The annual salary of the Clerk for the Superintendent of Public Instruction is sixteen hundred dollars. [New section approved April 23; Amendments 1880. p. 87. In effect July 1, 1880.] Act providing- for cleric for superintendent of public instruction: See Act of March 27, 1895; Stats. 1895, p. 238. in General Laws, under title "Schools." § 516. The actual traveling expenses of the Su- perintendent, not exceeding ten hundred dollars annually, must be audited by the Board of Ex- aminers, and paid out of the general fund in the State Treasurv. [Amendment approved April 23, 1880: Amendments 1880, p. 87. In effect July 1, 1880.] Board of examiners: Sees. 654 et seq. § 517. The Superintendent must execute an offi- cial bond iu the sum of ten thousand dollars. See sees. 947-986. 101 Executive Officers, § 526 ARTICLE XII. SUPERINTENDENT OF STATE PRINTING. § 526. Central duties. § 527. Number of documents to be printed. § 528. Laws; and Journals to be printed. § 529. Manner of printing. § 530. Election and bond. § 531. Further duties. § 532. Paper. 1 § 533. Folding, stitching and binding. § 534. Salary. § 535. Maintenance of machinery. § 536. Contingent expenses, fund for. § 537. Warrants for wages. § 538. Maps, engravings, etc. § 539. Printing bills. § 526. It is the duty of- the Superiutendent of State Printing: 1. To print the laws; the Journals of the Legis- lature; reports of State officers; public documents ordered to be printed by the Legislature; blanks for the Supreme Court, the offices of Gove'-nor, Secretary of State, Controller, Treasurer of State, Superintendent of Public Instruction, Attorney General, Surveyor General, and Register of the Land Office; the bills, resolutions, and other job printing which may be ordered by either of the two houses of the Legislature, and all other pub- lic printing tor the State, unless otherwise express- ly ordered by law; 2. To publish, prefixed to each volume of the laws, the names and place of residence of the Governor, and other executive officers of the State, Lieutenant Governor, Senators, and Representa- tives in the Legislature, the presiding officers of the Senate and Assembly, and of Commissioners of the State of California residing out of the State, and in office at the time of such publication; 3. To perform the duties required by the pro- visions of Article XII, Chapter II, Title I, Part III, of this Code, and such other duties as are im- posed upon him by law; 4. He shall keep in his office, open to public in- spection, a time book, containing the name of ev- ery employee connected -with the State Printing offiice, the time ei ^ployed, the rate of wages, and § ij26 Executive Officers. 102 amount paid; and he shall certify, under oath, to the correctness of all claims for services rendered and materials furnished, which certificate shall be attached to and presented with each claim that shall be presented to the Board of Examiners for allowance, and no such claim shall be certified or allowed unless it be fully itemized; 5. He shall file in the oflice of the Secretary of State, all proposals, bids, contracts, bonds, and other papers appertaining to tlie awarding of con- tracts now in his possession, or Avhich may here- after come into his possession, retaining in his of- fice copies of the same; and the Secretai'y of State shall promptly furnish the Board of Examiners, for their use, certified copies of all such papers; 6. All printing required by any of the State departments, boards, or any State oflScer, for the State, the order for the same shall be made out upon a printed blank, with voucher attached, to be furnished by the Superintendent of State Print- ing, and forwaixled to the office of said Superin- tendent, who shall enter upon a book kept in his office for that purpose, a transcript of said orders; and shall return with the work, when completed, to the person ordering the same, the original order with duplicate voucher attached; said voucher to be signed by the person receiving the work, and returned to the Superintendent of State Printing, and both original and duplicate orders shall be kept on file in his office, and shall be a sufficient vouciier for said worlv. The Superintendent of State Printing shall enter upon a book to be kept for said purpose, tlie name, quantity and weight of paper used for each order printed. He shall also certify, under oath, tliat all materials, stock, and paper furnished the office under contracts are of the quality, kind, and weight required by such contracts: and no claim arising under any con- tract shall be allowed or paid unless accompanied by such certificate. He shall also retain and file in his office one copy or sample of each blank, cir- cular, pamphlet, book, legislative bill, file, or re- port, or any other work emanating from the State Printing office, excepting blank 1 ooks, of which he 108 Executive Officers. § 520 .shall file only sample sheets. Said copies or sam- ples shall bear a uniform number and date with the voucher. 7. No printing for the Senate, or any committee of the same, shall be executed except upon an offi- cial order of the Secretary, and no order for any printing shall be made by that officer unless the same is ordered by a majority vote of the Senate. All printing done for the Senate shall be deliv- ered to the Sergeaut-at-Arms of that body, Avhose duty it shall be to distribute one-third of the copies of any document printed to the members of the Senate, and two-thirds to the Sergeant-at- Arms of the Assembly, who shall receipt therefor, for distribution to the members thereof. There shall be printed two hundred and forty copies of all bills, resolutions and reports ordered printed by the Senate; 8. No printing for the Assembly, or any com- mittee of the same, shall be executed except upon an official order of the Chief Clerli, and no order for any printing shall be made by that officer un- less the same is ordered by a majority vote of the Assembly. All printing done for the Assembly shall be delivered to the Sergeant-at-Arms of that body, wliose duty it shall be to distribute two^ thirds of the copies of any document printed to the members of the Assembly, and one-third to the Sergeant-at-Arms of the Senate, who shall receipt therefor, for distribution to the members thereof. There shall be printed two hundred and forty cop- ies of all bills, resolutions, and reports ordered printed by tlie Assembly; 9. The receipts of the respective Sergeant-at Arms of the Senate and Assembly shall be a suffi- cient voucher to the Superintendent of State Print- ing for all Avorlc done for either house. [Amend- ment approved April 1, 1878; Amendments 1877-8, p. 7. In effect April 1, 1878; repealed all conflict- ing acts.] Superintendent Slate Printing— office continued as previously created, see sec. 530. Duties, see sec. 531. Election, qualifications and bond, sec. 530. Salary, sec. .534. Subject to supervision of printing expert, sec. 679. Last three sul)divisiou.s— added by amendment 1878 to section as amended in 187G. §§ 527-528 Executive Officers, 104 Const. Cal., 1879— duties of Superintendent State Printing as to election concerning: See Const. Cal., art. 22, sees. 4, 5, Publication required — of Constitutional amend- ments, Const. Cal., art. 18, sec, 1; of laws, Const. Cal., art. 4, sec. 24; of Legislative journals, Const. Cal., art. 4, sec, 10, Subdivision 3, Public reports— printing of, sees, 332-337, Acts relating to State printer: See post, Appen- dix, p. 1064, S 527. Whenever any message or document, in booli form is ordered printed by either House, four hundred and eighty copies thereof, in addition to the number ordered, must be strucli off and re- tained in sheets, and bound with the Journals of the House ordering the same, as an appendix. Of bills ordered printed, when the number is not fix- ed in the order, there must be printed two hun- dred and forty copies, § 528. There must be printed of the laws of each session of the Legislature, twenty-two hun- dred and fifty copies, in English, to be deposited with the Secretary of State, Avho, after retaining a sufficient number of said volumes for distribu- tion, in accordance Avith the provisions of section four hundred and nine of the Political Code, shall deposit one hundred and fifty copies with tlie State Librarian; the remaining copies to be sold at a price not to exceed three dollars per bound vol- ume; the moneys thus received to be paid into the State Treasury at the end of each month, as other fees are paid by the said Secretary of State, and for the same pin-poses, "Whenever any bill, joint or concurrent resolution, is passed to enrollment, by either the Senate or Assembly, the Committee on Enrollment of the House, in which the bill, joint or concurrent resolution originated, shall transmit tlie same, without delay, to the Superin- tendent of State Printing, who shall receipt for all such bills and resolutions, and proceed at once to have the same printed, in the order in which re- ceived, in the measure prescribed by law for the Statutes, So soon as printed, one copy, with 105 Executive Officers. § 528 proper blanks for the signatures of the officers whose duty it is to sign enrolled bills, shall be printed on bond paper, which, together with the engrossed bill, shall be sent to the Committee on Enrollment of tlie House in which the bill origi- nated. Said committee shall compare such copy with the engrossed bill, and if it is found to be cor- rect shall present it to the proper officers for their signatures. When such officials shall have signed their names, thereon, as required by law, it shall 1>e an enrolled bill, and shall be transmitted to the Governor for his approval. If the same is signed by the Governor, and becomes a law, the printed law shall go to the Secretary of State and be- come the official record. 2. Whenever a law is signed by the Governor, official notice shall be forwarded, in writing, to the Superintendent of State Printing of the fact. Upon the receipt of said official notice, the Superinten- dent of State Printing shall cause to be printed, for the use of the Legislature, two hundred and forty copies of said law, joint or concurrent reso- lution, to be distributed, one-tliird to the Senate and two-thirds to the Assembly, the Sergeant-at- Arms of the respective houses to receipt to the Superintendent of State Printing for the same, whose receipt shall be a proper voucher for the worlc. He shall also cause to be printed the re- quisite number of sheets to make the number of copies of the Statutes required by law to be print- ed, the one composition of type to answer the pur- pose of printing the three editions; and of such laws, resolutions, and memorials as may be de- signated by the Legislature, two hundred and for- ty copies in Spanish. Of the Journals and Ap- pendices of the Senate and Assembly there must be printed four hundred and eighty copies, in one volume or more, as may be required by the size thereof. The Superintendent of State Printing shall have the laws. Journals of Senate and As- sembly, and the Appendices thereto, properly in- dexed and bound, the laws in full law sheep bind- ing, and Journals and Appendices in half law sheep binding, marble sides, and deliver the same to the Secretary of State for distribution as soon as practical after the final adjournment of the §§ 529, 530 Executive Officers. lOG Legislature, aud the receipt of the Secretary of State shall be his voucher therefor. [Amendment approved April 1, 1878; Amendments 1877-8, p. 9. In effect immediately. Repealed all conflicting acts.] § 529. Printing must be done as follows: The laws, journals, messages, aud other documents in book form, must be printed solid, with long prim- er type, on good white paper; each page, except of the laws, must be thirty-three ems wide and fifty- eight ems long, including title, blanli line under it, and foot line; of the laws the same length, and twenty-nine ems wide, exclusive of marginal notes, wiiich notes must be printed in nonpareil type, seven ems wide. Figure worli, and rule and fig- ure worli, in messages, reports, and other docu- ments in book form, must be on pages correspond- ing in size with the journals, if it can be brought in by using type not smaller than minion; if not, it must be executed in a form to fold and bind with the volume. Blanks must be printed in such form, and on such paper, aud Avith such sized type as the oflicers ordering them may direct. The laws maist be printed without chapter headings, and without blank lines, with tlie exception of one head line, one foot line, two lines between the last sec-tion of an act and the title of the next act. When there is not space enough between the last section of an act to print the title and enacting clause, and one line of the following act upon the same page, such title may be printed upon the following page. The journals must be printed without blanlv lines, with the exception of one head line, one foot line, and two lines between the journal of one day and that of the following day. In printing the words ayes aud noes, the word "ayes" and the word "noes" must be run in with the names. [Amendment approved January 13, 1897; Amendments 1897, c. I. In effect immedi- ately.] § 530. The Superintendent of State Printing shall be elected at the same time and place and in the same manner as the Governor of the State, and his term of office and qualifications shall also 107 Executive Officers. § 531 be the same. He shall be a competent practical printer, and before entering upon the discharge of the duties of his office shall give a good and suffi- cient bond to the people of the State of California in the sum of ten tliousaud dollars, with two or more sufficient sureties, to be approved by the Governor, for the faithful performance of his du- ties, which bond shall be filed in the office of Sec- retary of State. [Amendment approved March 10, 1891; Stats. 1891, p. 59. In effect immediately.] This and the succeeding three sections are based upon repealed Stats. 1872, 554. The original sec- tion 530 was founded upon Stats. 1861, 280. § 531. The duties of the superintendent of state printing shall be as follows: He shall have the en- tire charge and superintendence of the state print- ing and binding. He shall take charge of and be responsible on his bond for all manuscripts and other matter which may be placed in his hands to be printed, bound, engraved, or lithographed, and shall cause the same to be promptly executed. He shall receive from the senate or assembly all mat- ter ordered by either house to be printed and bound, or either printed or bound, and shall keep a record of the same, and of the order in which it may be received; and when the work shall have been executed, he shall deliver the finislied sheets or volumes to the sergeant-at-arms of the senate or assembly, or of any department authorized to receive them, whose receipt therefor shall be a sufficient voucher to the said superintendent of State printing for their delivery. He shall receive and promptly execute all orders for printing or binding, required to be done for the various state officers; provided, that the said superintendent of state printing shall have discretionary authority to revise, reduce, or decline to execute any order, or part of any order, which in his judgment is unnec- essary or unwarranted by law. and which will tend to unnecessaily consume the appropriation for sup- port of the state printing-office; and provided fur- tlier, tliat in the event that any state officei-, board. comniiRsirnor State institution shall consider the decision of the said superintendent of State print- § 532 Executive Officers. 108 ing uufair, lie may refer the matter to the State board of examiners, which board shall determine the matter. He shall employ such compositors, pressmen, and assistants as the exigency of the worli from time to time requires, and may at any time discharge such employees; provided, that ac no time shall he paj' said compositors, pressmen, or assistants a higher rate of wages than is paid by those employing printers in Sacramento for like work. He shall at no time employ more compos- itors or assistants than the absolute necessities of the State printing may demand, and he shall not permit any other than State work to be done in the State priuriug-oflice. The superintendent uf State printing shall, on or before the fifteenth day of September of each j^ear, make a report, in writing, to the governor, embracing a record of the com- plete transactions of his office for the preceding fiscal year, which report shall show in detail all the items of expense attending the State printing and all the expenses of the office, including repairs and the purchase of materials of all kinds. Said report shall also state the number of reams and various kinds of paper delivered to him, and the amount and quality remaining on hand, which re- port shall be printed, biennially, for the use of the legislature. [Amendment approved March 27, 1S95; Stats. 1895, 2.33. In effect March 27, ISO-j.] Also amended in 1S91, Stats. 1891, 66. § 532. In April, eighteen hundred and ninety- six, and in April of every year thereafter, the su- perintendent of State printing shall submit to the State board of examiners samples of the various kinds, sizes, and qualities of paper that wiU prob- ably be required in his office during the year com- mencing on the then next first Monday in July, an estimate of the probable quantity of each kinti. size, and quality that will be so required. Upon being satisfied that the kinds, sizes, quantities, and qtialities of paper so suggested will be required, they shall direct the superintend- ent of State printing to advertise for thir- ty days, in two daily newspapers, one of which shall be published in the city of San 109 Executive Officers. § 533 Francisco, and one in the city of Sacramento, for proposals to furnisli sucli paper, or so much there- of as may be required during the j'ear commenc- ing as aforesaid, which bids shall be opened in his office, at twelve o'clock M. on the day appointed, in the presence of the said superintendent, and at least two of the State board of examiners; and the said superintendent of State printing, and the members of the State board of examiners then and there present, shall constitute a board to award the contract to the lowest and best responsible bid- der. No bid shall be considered unless accompan- ied by a certified check, in the sum of two thous- and dollars, gold coin, payable to the Governor for the use of the people of the State of Califor- nia, conditioned that if the bidder receives the award of the contract he will, witliin thirty days, enter into bonds in the sum- of ten thousand dol- lars, with tAVo or more sureties, to be approved by the Governor of the State, that he will faithfully perform the conditions of his contract; all bids must be for the furnishing and delivery of the pa- per and materials at the State printing office, in the city of Sacramento, so that the State shall not be charged with any cost of transportation or deliv- ery, which must be specified in the advertisement for bids. If all the bids opened shall be deemed too high by said board, they may decline them and advertise again. If the second set of bids are considered too high, the said board may again de- cline them, and the superintendent of State print- ing may purchase such paper in the open market. The prices paid shall in no case be higher than the lowest price at which such paper was offered to b(! furnished bv the bids so rejected. [Amendment approved March 27. 189.5; Stats. 189.5, p. 234. In effect March 27, 1895.] § 533. All ruling, folding, and folding and stitching, and binding required to be executed for the State, shall be done under the supervision of said superintendent. He shall advertise for thirty days in one daily newspaper published in the city of San Francisco, and one daily newspaper pub- lished in the city of Sacramento. s]H'cifyiug the character of the binding, folding, and stitching to be bid upon, for proposals to do all such folding, folding and stitching, ruling and binding; all of Pol. Code- 10 §§ 534-536 Executive Officers. 110 which work shall be done in the city of Sacra- mento; and on the day appointed he shall, in the presence of the Board of Examiners, open the bids that may be received, and said superintendent of State printing and said Board of Examiners shall award said contract to the lowest responsible bid- der or bidders therefor. [Amendment approved April 3, 1876; Amendments 1875-6, p. 20. In effect April 3, 1876.] § 534. The annual salary of the superintendent of State printing shall be three thousand dollars. He may appoint a deputy superintendent of State printing, who shall be a civil executive officer, and who shall receive a salary of two thousand four hundred dollars per annum. See. 2. Said salaries shall be paid at the same time and in the same manner as the salaries of other State officers are paid. [Amendment ap- proved March 29, 1897; Amendments 1897, c. clxxiv. § 535. Whenever any appropriation is made for the support of the State printing office, a sum not exceeding one thousand dollars thereof shall be applied when necessarj' to and used for the pur- pose of repairing the present and purchasing new machinery of the State printing office, in each fis- cal year for which the appropriation is made. [Amendment approved April 3, 1876; Amendments 1875-6, p. 20. In effect April 3, 1876.] Appropriation acts— Support of office. Stats. 1876, p. 4; insurance. Stats. 1876, p. 327; purchase of printing materials. Stats. 1880, p. 2; enlarge- ment and repair of building. Stats. 1880, p. 386 or 120. § 536. Whenever any money is appropriated for the support of the State printing office, a sum not exceeding the sum of one thousand dollars thereof shall, in each fiscal year for which the ap- propriation is made, be applied to and used for the purpose of paying contingent expenses of State printing office. The superintendent of State print- ing shall keep an itemized account of all moneys expended out of the contingent fund hereby cre- ated and shall furnish the Governor with a copy Ill Executive Officers, §§ 537-539 of the same, under oath, at the end of each fiscal year. [Amendment approved April 1, 1878; Amend- ments 1877-8, p. 12: repealed all conflicting acts. In effect April 1, 1878.] § 537. The State Treasurer is hereby author- ized, when the general fund is exhausted, to ad- vance the money on the Controller's warrants, drawn for wages and salaries of the employees in the State printing office, out of any public funds in the treasury, which warrants shall be his vouch- ers Tintil tliere is money in the general fund to cancel them; provided, that this section shall not apply to anj^ fund against which there are any warrants then due. or to become due, or so as to keep claimants out of their just demands. Any sum of money remaining unexpended of the appro- priation heretofore made foj- the purchase of ma- terials for the State printing office is hereby ap- propriated to the payment of claims due foi* the construction of the State printing office. [Amend- ment approved April 3, 1876; Amendments 1875-6, p. 21. In effect April 3, 1876.] § 538. When any chart, map, diagram, or oth- er engraving shall be required to illustrate any document ordered to be printed, such chart, map, diagram, or engraving shall be prociu-ed by the Superintendent of State printing. No bills for en- graving, or lithographing, or lithograph printing, other than the above, sliall be allowed by the Board of Examiners. All State printing shall be done in the State printing office. [Amendment ap- proved April 1, 1878; Amendments 1877-8. p. 12; re- pealed all conflicting acts. In effect April 1, 1878.] § 539. All bills and other documents ordered engrossed by either house of the legislature shall be delivered by the Secretary of the Senate or Chief Clerlv of the house, as the case may be, to the engrossing clerli of the house ordering the en- grossment, who shall deliver such bills or other documents, without delay, in the order of their re- ceipt, to the State printer, who shall receipt for the same, and without delay engross (print) the same in the order so received by him, and deliver such engrossed bill or other documents, with the origi- § 539 Executive Officers. 112 nal thereof, to the engrossing clerk from whom he receives the same, who shall carefully compare the engrossed copy with the original, and, if cor- rectly engrossed, report the same back, with the original, to the engrossing committee of the house from which he received it. All bills and other documents that have been printed shall be consid- ered engrossed, if no amendments have been made after being printed, but the original bill or docu- ment shall be delivered to the engrossing clerk ol the respective houses where same originated, and lie shall compare the original bill, or other docu- ment, with tlie printed bill or other document, and forthwith deliver them to the committee on en- grossment for return to the house in the same manner as engrossed bills. Such bills, or other documents, shall have a separate oixler of compar- ison from the engrossed bills. And all bills and other documents, required to be enrolled by order of eitlier house, shall be delivered by the Secre- tary of the Senate, or Chief Clerk of the house, as the case may be, to the enrolling clerk of the house ordering such enrollment, who shall deliver such bills or other documents, witliout delay, in the order of their receipt, to the State printer, who shall receipt for the same, and who shall, without delay, correctly enroll (print) the same, in the or- der so received by him, and when enrolled he shall deliver such enrolled bills or other documents, with the original tliereof, to the enrolling clerk from whom he received the same, who shall care- fully compare such enrolled copy with the origi- nal, and if correctly enrolled, he shall report the same back, with the original, to the enrolling com- mittee of tlie house from which he received it. [Amendment approved March 26, 189.5; Stats. 1895, p. 110. In effect March 26, 1895.] This section was added in 1891; Stats. 1891, p. 426. 113 Executive Officers. §§ 548-550 ARTICLE XIII. STATE GEOLOGIST. § 54S. General duties of. § 549. Report of Governor. § 550. Specimens to be delivered to University. § 551. Salary of Geologist. § 552. Compensation of Assistant. § 553. Board of Examiners to audit accounts. § 554. Reports and maps to be sold, etc. § 548. It is the duty of llie State Geologist, witli the aid of such assistants as he may appoint, to continue, and, with all reasonable diligence, to complete the geological survey of this State. He must also prepare a report .of the survey and su- perintend the publication thereof in the ^'orm of a geological, botanical, zoological, and physio- graphical history of the State, with full and scien- tific descriptions of its rocks, fossils, soils, min- erals, mines, climates, and physical geography, to- gether with suitable and accurate geological and topographical maps and diagrams of the same. State Geologist— appointment and term of of- fice, sees. 368, subd. 3, 369. Geological survey— Act to continue: Stats. 1872, p. 355. § 549. He must, as near as may be, at the be- ginning of each session of the Legislature, present to the Governor, who must lay the same before the legislature, a report of progress, in ^vhich tli<> operations of the geological survey during the in- terval since his last preceding report must be set forth, and its most important results made pub- lic. § 550. The geological and other specimens col- lected by the State Geological Survey must, ex- • •epting such as may be required by the State Geo- logist to aid in tlie preparation of liis report, be delivered over to the Regents of the State Univer- sity, to be by tliem deposited in the cabinet of the same as the property of the University. Specimens to be turned over to the University: See Stats. 1874, p. 992. §§ 551-5G1 Executive Officers, 114 Like disposition of otlier materials — of survey: See Stats. 1S74, p. 694. § 551. Tlie annual salary of the State Geologist is six tliousaud dollars, payable monthly out of any appropriations which may be made by the Legislatiu-e for the continuation of the worli of the survey. § 552. His assistants receive such compensation as he may determine, payable in the same man iter, out of the same fund. § 553. The accounts of the State Geologist, in- eluding salaries and all other expenses of the sui'- vey, must be audited by the Board of Examiners, and, if found correct, must be paid out of the State Treasury in such manner as may be provided by law. Board of Examiners: Sees. 654 et seq. § 554. The volumes and maps of the report must be sold upon such terms as the Governoi deems to be most advantageous to the State; and any moneys derived from such sales must be ap- plied to the completion of the unfinished publica- tions of the survey, and the surplus, if any, must be paid into the common school fund of the State. Acts relating to geological survey, reference to; See General Laws, title "Geological Survey." ARTICLE XIV. SEALERS OF WEIGHTS AND MEASURES. § 561. General duties of. § 562. County Clerks ex-officlo Sealers. § 533. Duties of County Sealers. § 564. Standards for County Sealers. § 565. Standards to be marked. § 566. Standards, County Sealers t(f compare, etc. § 567. Fees. § 561. The State Sealer of Weights and Meas- ures has the general supervision of the weights and measures of the State. He must take charge of the standards, and see that they are kept in and in no case removed from a fireproof vault in his of- 115 Executive Officers. §§ 562-567 flee, except for the purpose of compariug and copy- ing. He must correct the standards of the cities and counties, provide theiu witli the necessary standards, balances, and other means of adjust- ment, and as often as once in ten years compare the same with those in his possession. Basis of section— and succeeding sections of arti- cle, Stats. 1861, p. 86. Weights and measures— sees. 3209-3223. False, Penal Code, sees. 552-555. Secretary of State ex- officio sealer of, sec. 351. Act relating to weiglits and measures: See act approved April 6, 1891; Stats. 1891, p. 487. § 562. The county clerics are ex-offlcio county sealers of weights and measures for their respec- tive counties. § 563. The county sealers must lieep in their othces the standards of weights and measures for their respective counties. § 564. Copies of the original standards, to be made of such materials as the State sealer directs, must be deposited by him in the office of the county sealers of the several counties of this State, at the expense of the counties, wliich are several- ly responsible for the preservation of the copies re- spectively delivered to them. § 565. The State sealer must cause to be im- pressed on each of the copies of such original standards the letter "C," and such other device as he may direct for the particular county; which de- vice must be recoi'ded in the State sealer's office, and a copy thereof delivered to the respective county sealers. § 566. Tlie county sealers must compare all weights and measures, which are brought to them for that purpose, witli tlie copies of the standards in their possession, and when the same are found or made to conform to the legal standards, the offi- cer comparing them must seal and mark them as correct. § 567. Each county sealer may receive for his services the following fees: For sealing and mark ing every beam, seventy-five cents; for sealing and marking measures of extension, at the rate of §§ 577-580 Executive Officers. 116 forty cents per yard, not to exceed one dollar and a half for any one measure; for sealing and marli- Ing every weight, twenty-five cents; for sealing and marking liquid and dry measures, If the same are of the capacity of a gallon or more, forty cents; if less than a gallon, twenty cents. ARTICLE XV. INSPECTOR OF GAS METERS. § 577. To provide testing apparatus. § 578. Seal. § 5S0. Mode of inspecting and sealing. § 583. Using uninspected meters, reinspection. § 579. May appoint Deputies. § 582. Compensation. § 583. Residence. § 584. Official bond. § 577. The inspector of gas meters must pro- vide and Iveep suitable apparatus for testing the accuracy of gas meters. Inspector of gas meters— Appointment and term of othce, sees. '368, 369. Origin of article— see Stats. 1863, p. 647. § 578. He must provide a suitable seal with which to seal meters inspected by him and found to be correct and must tile a copy of such seal in the office of the Secretary of State. § 579. He may appoint deputies. § 580. He must, whenever requested, inspect and test the accuracy of any gas meters used or intended to be used for measuring the quantity of gas furnished by any gas company in this State, and when he finds the same correct, seal the same ■with his seal. No meter shall be accounted cor- rect which registers an amount more than three per cent greater or less than the amount actually passed through it. but the inspector may seal me- ters registering more than tliree per cent against the gas company, when requested by the company to do so. Reasonable notice shall be given to the applicant, and also the individual or gas company 117 Executive Officers. §§ 581-584 furnisliiiig or proposing to furnish the gas, of the time and place of the inspection of the meter, and opportunity affordedtliem. their servants or agents, to be present at and witness the inspection, r Amendment approved April 1. 1876; amendments 1S75-G, p. 22. In effect April ], 1876.] § 581. Any individual or gas company placing or using for measuring gas a meter which has not been inspected by the State inspector, and does not bear his seal, shall be guilty of a misdemean- or, nor shall any charge for gas supplied through such a meter be legally collectible; nor shall the refusal of a consumer to p;iy the same give au- thority to the company to refuse to supply him with gas. When a meter, properly sealed, is once placed for the use of a consumer, an inspection may be had as often as the consumer may request the same in writing, he to pay the fee therefor whenever the meter is found not to register too fast. When the meter is found to register too fast the gas company must pay the fee, together with the costs of removing and resetting the me- ter, and the inspector shall remove the seal if there be one upon it; provided, that when any me- ter found incorrect shall be corrected, it shall be sealed by the inspector without additional charge if presented to him for I'einspection within one mouth. [Amendment approved April 1, 1876; Amendments 1875-6, p. 22. In effect April 1, 1876.] § 582. He may collect a fee of two dollars and fifty cents for each meter tested. § 583. He must reside in the city of San Fran- cisco. § 584. He must execute an official bond in the sum of five thousand dollars. Article is founded on Stats. 1863, 647. Official bond— see sees. 947-986. § 594 Executive Officers'. 118 ARTICLE XVI. INSURANCE COMMISSIONER. § 594. Eligibility. § 595. General duties of. § 596. Business of insurance not to be transacted without his certificate. § 597. To examine affairs of companies, when. § 598. Fines imposed if companies refuse. § 599. May issue subpoenas. § 600. Proceedings on insolvency of companies. § 601. Proceedings on failure to make up capital. § 602. What constitutes insolvency. § 603. Must keep a record. § 604. May employ actuary, when. 605. Fees to be paid to Commissioner. § 606. Assessments for deficiency in salary and expenses. § 607. Certain certificates to be filed in his office. § 608. Same. § 609. May determine name of new corporation. § 610. Statements to be made by insurance companies. § 611. Statement, contents, publication and filing. § 612. Showing to be made in. § 613. Statement by life, health and accident companies. § 614. Stock notes, how computed. § 615. To furnish blanks. § 616. Agent upon whom process may be served. § 617. Penalty for failure to make statement. § 618. Securities deposited by companies. § 619. Deposits, receipts for. § 620. Deposits returned, when. § 621. Examination of securities, deficiencies. § 622. Retaliatory cause. ? 623. Bonds to be filed. § 624. Same. § 625. To furnish Assessor with certain information. § 623. Securities. § 627. Statement to be based on gold coin values. § 628. Salary of Commissioner. § 629. Salary of Deputy. § 630. Contingent expenses. § 631. Location of office. § 632. Official bond. § 633. Conditions precedent to license of agent. § 634. Registry of policies, deposits for security of. § 594. No person is eligible to the office of In- surance Commissioner or deputy who is an officer, agent, or employee of an insurance company. 119 Executive Officers. § 595 General basis of article— Stats. 1868, pp. 324, 336. Basis of section— see Stats. 1868, p. 336. § 595. The insurance commissioner must re- ceive all bonds and securities of persons engaged in tlie transaction of insurance business in this State, and file and safely keep the same in his office, or deposit them as provided in this article. He must examine and inspect the financial con- dition of all persons engaged, or who desire to en- gage, in the business of insurance; issue a certifi- cate of authority to transact insurance business in this State to any persons in a solvent condition, who have fully complied with the laws of this State, and are in nowise in arrears to the State, or to any county or city of the State, for fees, li- censes, taxes, or penalties accrued upon business previously transacted in the State; determine the sufficiency and validity of all bonds and other se- curities required to be given by persons engaged, or to be engaged, in insurance business, and cause the same to be renewed in case of the insufficiency or invalidity thereof; and perform all other duties imposed upon him by the laws regulating the busi- ness of insurance in this State, and enforce the ex- ecution of such laws; prepare and furnish, on de- mand, to all persons engagetl in the insurance bus- iness, blank forms for such statements or reports as may by law be required of them; make, on or before the first day of August in each year, a re- port to the Governor of this State, containing a tabular stalement and synopsis of the reports which have been filed in his office, showing, gener- ally, the condition of the insurance business and interests in this State, and other matters concern- ing insurance, and a detailed statement, verified by oath, of the moneys and fees of office received by him, and for what purpose. And whenever any insurance company, doing business in this State, shall voluntarily surrender to the Insurance Com- missioner its certificate of authority, previously granted, thereby withdrawing from business in this State, the commissioner must make due pub- lication of such surrender and withdrawal daily for the period of one week, in each of two daily newspapers, the one published in the city of San Francisco, and the other in the city of Sacramento. § 596 Executive Officers. 120 It is further enacted, that if any action hereafter commenced in any district court of this State, by a citizen tliereof. against a foreign corporation or company doing insurance business in this State, such corporation or company shall transfer, or cause be transferred, such action to the United States Circuit Court, the right of such corporation or company to transact insurance business in this State sliall tliereupon and thereby cease and de- termine; and the insurance commissioner shall im- mediately revoke the certificate of such corpora- tion or company authorizing it to do business in this State, and publish such revocation daily, for the period of two weelvs, in each of some two daily newspapers, the one published in the city of San Francisco, and the other in the city of Sacra- mento. [In effect April 1, 1878.] Amendments— of 1874 added sentence before last; those of 1878 added last sentence; rest of sec- tion based on Stats. 1868. p. 336. Insurance — see Civil Code, sees. 2527-2766. Insurance corporations— see Civil Code. sees. 414- 450; see also sees. 287, 288 of the Civil Code. Report of Insurance Commissioner— distribution of, sec. 337. § 596. No person or company must transact In- surance business in this State witliout first procur- ing from tlie Insurance Commissioner a certifieate of autliority, as in this chapter provided; and all policies issued or renewed and all insurances talven befoi'e obtaining such certificate of authority, are null and void; and any person who is agent or pre- tended agent of any insurance company, or other person, shall, without the possession of such certi- ficate of authority, solicit, issue or procure to be is- sued in this State any policy of insurance, shall forfeit to the people of tliis State the sum of two hundred dollars for each and every policy so is- sued, or procured to be issued. But any company or corporation belonging to any other State or country, having policies of life insurance out- standing in this State, and that were issued in ac- cordance with the laws of this State, shall have the right to maintain a special agent in this State, for tlie collection of renewal premiums on sucli policies, and the Commissioner is hereby author- 121 Executive Officers. § 597 ized to issue to the duly appointed special agent of such company or corporation, a certificate au- thorizing him to collect such renewal premium; such certificate to be issued on the production to the Commissioner of satisfactory evidence that such company or corporation is authorized to transact life insurance business in the State or country to which it belongs. And any person who, as agent of either the insured or insurer, shall col- lect such renewal premiums, must, on or before the tenth day of January, annually, file with the commissioner a statement, under oath, showing the gross amount of such annual premiums, col- lected by him during the year ending on the thir- ty-first day of December, next preceding, and pay into the office of the commissioner the sum of twenty dollars, gold coin of the United States. Failing to malvc such statement and payment within the time named, sucli person shall forfeit to the people of the State of California the sum of one hundred dollars for each and every policy so renewed by the payment to him of such re- newal premium. All penalties and forfeitures un- der this section must be collected by the insur- ance commissioner, and for the purposes of such collections suits may be instituted by him, in the name of the people of the State of California, in any court of competent jurisdiction. [Amend- ment approved April 26, 18S0; Amendments 1880, p. 89. In effect in sixty days; repealed conflicting acts.] Original section — consisting of first two clauses founded on Stats. 1868, p. 336. § 597. Tlue commissioner, whenever necessary, or whenever he is requested by A'erifled petition, signed by thi-ee persons interested, eitlier as stocli- holders, policy holders, or creditors of any person engaged in insurance business, showing that such persou is insolvent imder the laws of this State, must malce examination of the business and af- fairs relating to the insurance business of such person; and for such purpose has free access to all the books and papers of such person, and must thoroughly ins])ect and examine all his affairs, and ascertain liis condition and ability to fulfill his engagements, and Avhether he has complied I'ol. Code— 11 §§ 598-600 Executive Officers. 122 with all the provisions of law applicable to his in- surance transactions. Such person and his offi- cers and agents must open his books and papers for the inspection of the commissioner, and other- wise facilitate such examination; and the Commis- sioner may administer oaths and examine under oath, any persons relative to the business of such person; and if he tinds the boolisto have been care- iesslj' or improperly kept or posted, he must em- ploy sworn experts to rewrite, post, and balance the same, at the expense of such person. Such examination must be conducted in the county where such person has his principal place of busi- ness, and must be private, unless the commission- er deems it necessary to publish the result of such investigation, in which case he may publish the same in two of the public newspapers of this State, one of which must be published in the city of San P'rancisco. Basis of section— and of three succeeding sec- tions, Stats. 1868, p. 336. § 598. The Commissioner may collect the sum of five hundred dollars from any person engageal place of business, or deliver to him personal- ■ notic-e of sBch rerocation. and canse notice ci^ereof to be filed in his offic-e. and also to be ptib- lished daily for four "weeks in some ne'wspaper published in the city of San Francisco. He must require such person, after receiTing notic-e of the revocation, or after the first public-ation thereof. to discontinue the issuing of any new policies, and the renewal of any previously issued: and in such cases must require the person, or the manager or agent of the business, to repair the capital thereof within such period as he may designate in such requisition, by assessment upon the stockholders for such amounts as wiU make the capital equal to the amount of the paid up capital exclusive of as- sets needed to pay aU asc-ertained liabilities for losses reported, for expenses and taxes, and exclu sive of the entire premiums received for outstand- ing risks. § 601. In case any person, upon the requisition of the Commissioner, fails to make up the deficien- cy of the capital in aec-ordance with the require- ments of this chapter, or to comply in all respects with the laws of this State, the Commissioner must communicate the fact to the Attorney Gen- eraL who must commence an action in the name of the people of this State, in the Superior Court of the county where the person in question is locate73-GT6 Executive Officers. 150 rant for any claim unless it lias been approved by the board, and when, hereafter, the controller is directed to draw Ins warrant for any purpose, this direction must be construed as subject to the provisions of this section, unless the direction is accompanied by a special provision exempting it from its operation. Controller's authority, to draw warrants: See sec. 4.33. subd. 17; preventing excess of: Sec. 674. Exempt from provisions of section— deficiency appropriation for assembly contingent fund. Stats. 1881, p. 7; also appropriation for contin- gent expenses, Stats. 1881, p. 8. § 673. Claims upon the contingent fund of either house of the legislature, and for oflicial salaries, are exempted from the operations of the provisions of the preceding twelve sections. § 674. Whenever the board has reason to be- lieve that the controller has drawn or is about to draw his warrant without authority of law, or for a larger amount than the State actually owes, the board must notify the treasurer of state not to pay the warrant so drawn or to be drawn; and thereupon the treasurer is pi-ohlbited from pay- ing the warrant, whether already drawn or not, until he is otherwise directed by the legislature. Basis of section: Stats. 1858, p. 213. § 675. As often as it may deem proper the board must examine the books of the controller and treasurer, the accounts and vouchers in their offices, and count the money in the treasury; and for that purpose they may demand, and the con- troller and treasurer must furnish without de- lay, all information touching tlie boolis, papers, vouchers, or matters pertaining to their offices. General basis of section: Stats. 1867-8, 296, sec. 1; 1858, 212, sec. 2, modified. § 676. The counting of the moneys in the State treasury must talce place at least once a month, without the board or any member thereof giving the treasurer any previous notice of the day or 151 Executive Officers. §§ G77-GT9 hour of counting. Tlie board may, at any count- ing, place any sum in bags or boxes, and weigh eacli bag or box separately, and mark the same with the weight thereon plainly specified, and place thereon a seal, to be kept by them, and may at subsequent countings count or reweigh each bag or box separately, and estimate the con- tents of such bags or boxes as part of the money counted by them, without making a detailed count of its contents. Basis of section: Stats. 1867-8, 296, sec. 1. § 677. They must, at least once in each month, make and file in the office of the secretary of state, and publish In some newspaper in Sacra- mento City, an affidavit showing: 1. The amount of money that ought to be in the State treasury. 2. The amount and kind, of money actually therein. Basis of section: Stats. 1858, p. 212, sec. 3. § 678. The controller and treasurer must per- mit the board of examiners to examine the books and papers in their respective offices: and the treasurer must permit the moneys in the treas- ury, without delay on any pretense whatever, to be counted whenever the board may wish to make an examination or counting. Basis of section: Stats. 1858, p. 212, sec. 4. § 679. The board must appoint a printing ex- pert, who must examine and report to the board all accounts for printing presented by the State printer or any other person, specifying whether the work has been executed in a workmanlike manner or not, and the amount for which the same should be allowed. The report is not con- clusive on the board, but is in aid of the dis- charge of their duties. The expert must receive a salary of fifty dollars a month, payable on the last day of each month. Basis of section: Stats. 1858, p. 212; p. 214, sec. 13, modified. State printer, now superintendent of State printing: Sec. 526, et seq. §§ 680-683 Executive Officers. 152 § 680. Whenever and as often as there is in the State treasury the sum of ten thousand dollars as the proceeds of the sale of State school lands, the board must invest the same in the civil funded bonds of this State, or in the bonds of the United States, or in the bonds of the several counties of this State; the investments to be made in such manner and on such terms as the board shall deem for the best interests of the State school fund; provided, that no bonds of any county shall be purchased of which the debt, debts, or liabil- ities at the time exceed fifteen per cent of the assessed value of the taxable property of said coimty. [Amendment approved March 3, 1883; Stats. 1883, p. 25. In effect March 3, 1883.] State school lands: Sees. 3494-3502. State bonds, act providing for issuance of, pre- served, sec. 19, subd. 3. County bonds, funding, and refunding indebt- edness by means of: Sec. 4048; issuance of. Sec. 4048; sale and exchange of: Sec. 4049; record and report of: Sec. 4049. Bond fund, and county as- sessinents therefor: Sec. 4050; redemption of: Sec. 4051; State tax for payment of: Sec. 4052. § 681. Section six hundred and eighty-one of the Political Code is hereby repealed. [Repealed March 3, 1883: Stats. 1883, p. 25. In effect March 3, 1883.] § 682. All bonds purchased by the board un- der the provisions of section six hundred and eighty must be delivered to the State treasurer, who shall lieep them as a special school fund de- posit, the interest upon such bonds to be placed by him to the ci'edit of the State school fund. [Amendment appi-oved March 3, 1883; Stats. 1883, p. 25. In effect March 3, 1883.] School funds and taxes, general provisions re- lating to: Sees. 1857-1861. State treasurer, duties, compensation, assist- ants, and bond of: Sees. 452-549. § 683. At any sale of civil bonds by the State treasiu-er the board may become bidders, and pur- chase bonds with the funds at their disposal; and 153 Executive Officers. §§ 684-(;8o the appropriate transfer of funds must be made by the controller and treasurer on the books of their offices. Stats. 1858, 523, sec. 56. See also Stat. 18S1, 48. authorizing- transfer of one hundred and three thousand dollars to funded debt fund. § 684. The governor may appoint an assist- ant to the secretary of the state board of examin- ers, at an annual salary of eighteen hundred dol- lars, payable in the same manner as the salaries of other State officers. Said assistant is a civil executive, officer. [jNew section added March 21. 1891; Stats. 1891, p. 194; in effect immediately.] Section 2 of section 684 reads as follows: There is hereby appropriated the sum of six hundred and seventy-five dollars out of any mon- ey in the State treasury not otherwise appropriat- ed, for the payment of the salary of the assist- ant to the secretary of the State board of examin- ers for the forty-second fiscal year. The original section was repealed: See ante, § 499. § 685. The board may appoint a clerk for the secretary of the board, at an annual salary of six- teen hundred dollars, payable in the same man- ner as the salaries of other State officers. [New section added Marda 23, 1893; Stats. 1893, p. 182; in effect immediately.] Sections 4 and 4.^2 of the above act read as fol- lows: — Sec. 4. There is hereby appropriated the sum of five hundred dollars out of any money in the State treasury not otherwise appropriated, for the payment of the salary of the clerk for the secretar.v of the board for tlie forty-fourth fiscal year. Sec. 4'/l>- The controller is hereby authorized to draw his warrant for the amount herein made payable, and the treasurer directed to pay the same. §§ 695-697 Executive Officers. 154 ARTICLE XIX. POWERS AXD DUTIES OF OTHER EXECUTIVE OFFICERS. § 695. Vaccine Agent. § 696. Commissioner of Immigration. § 697. State Capitol Commissioners. § 69S. Tide Land Commissioners. (Repealed.) § 699. Port Wardens. § 700. Harbor Commissioners. § 701. Pilots. § 702. San Francisco Marine Board. (Repealed.) § 703. Pilot Commissioners. § 704. Boards of Health. § 70.5. Board of Agriculture. § 706. Board of Equalization. § 707. Regents of University. § 708. State Board of Education. § 709. Trustees of Normal School. § 710. Officers of Libraries. § 711. Directors of State Prison. § 712. Officers of Insane Asylum. § 713. Trustees of Asylum for Deaf, Dumb and Blind. § 714. Trustees of State Burying Grounds. § 715. Yosemite and Big Tree Commissioners. § 695. The powers and duties of the vaccine agent are prescribed in Title YII, of Part III, of this Code. Vaccine agent: Sees. 2993, 2994. § 696. Those of the commissioner of immigra- tion are prescribed in Title YII, Part III, of this Code. Commissioner of immigration: Sees. 2949-2968. § 697. Those of the State capitol commission- ers are prescribed by "An act to provide for the construction of the State capitol in the city of Sac- ramento." approved March twenty-ninth, eight- een hundred and sixty, and the acts amendatory thereof, which are hereby continued in force. Stats. 1870, 447. Many provisions of that act being functus; for that reason it is not set out. State capitol commissioners are executive offi- cers: Sec. 343. ante. Board, how composed: Sec. 366, ante. 155 Executive Officers. §§ 69S^<06 Duty TO report: Sees. 332 et seq. Statutes — relating to State capitol, preserved: See Stats. 1860, p. 128; amended Stats. 1861, p. 600; and Stats. 1870, p. 447. Since Codes, see Stats. 1872, pp. 655, 694, 887; 1874, pp. 309, 662, 903; Stats. 1874, p. 937, amended by Stats. 1880, p. 346 or 107; Stats. 1880, p. 273 or 80; 1881, p. 37, Secretary of State is Superintendent of State Capitol, sec. 412. § G98. Repealed. [Repealed February 4, 1876; Amendments 3875-6, p. 15. In effect February 4, 1876. See sec. 365.] § 699. Those of port wardens are prescribed in Title VI, of Part III, of tliis Code. Port Wardens: See sees. 2501-2511. § 700. Those of harbor commissioners are pre- scribed in Title VI, of Part III, of this Code. Harbor commissioners: See sees. 2520-2572. § 701. Those of pilots are prescribed in Title VI, of Part III, of this Code. IMlots: See sees. 2429-2491. § 702. Repealed. [Repealed January 13, 1876; Amendments 1875-6, p. 14; in effect January 13, 1876. See sec. 363.] § 703. Those of pilot commissioners are pre- scribed in Title VI, of Part III, of this Code. Pilot commissioners: See sees. 2429-2591. § 704. Those of the boards of health are prescribed in Title VII, of Part III, of this Code. Boards of health: See sees. 2978-3083. § 705. Those of the board of agriculture are prescribed in the special statute creating the board. Board of agriculture: See sec. 2326. § 706. Those of the board of equalization are prescribed in Title IX, of Part III, of this Code. Board of equalization: See sees. 3672-3705. §§ 707-714 Executive Officers. 156 § 707. Those of the regents of the University of California, in Chapter I, of Title III, of Part III. Regents of university: See sees. 1425-1451. § 708. Those of the state board of education are prescribed in Chapter III, of Title III, of Part III. of this Code. State board of education: See sees. 1517-1522. § 709. Those of the trustees of the state nor- mal school are prescribed in Chapter II, of Title III, of Part III, of this Code. State normal school: Sees. 1487-1507. See post, Appendix, pp. 1047 et seq. § 710. Those of the trustees of the State li- l>rary. State librarian, and librarian of the su- preme court library, are prescribed in Chapter III, of Title Y, of Part III, of this Code. Librarv trustees and librarians: See sees. 2292- 2316. § 711. These of the directors of the State pris- on are prescribed in Part III of the Penal Code. State prison directors: Penal Code. sees. 1573- 1595; but see act in Stats. 1880, p. 243 or 67. pur- suant to Const. Cal., art. 10, and amd. bv Stats. 1881, p. 81. § 712. Those of the directors and other officers of the insane asylum are prescribed in Chapter I. of Title V, of Part III, of this Code. Officers of insane asylum: See sees. 2136-2200. Acts relating to State prison, see Penal Code. p. 6.j4. § 713. Those of the trustees of the asylum for the deaf. dumb, and blind, are prescribed in Chapter II, of Title Y, of Part III. of this Code. Trustees of asylum for deaf, dumb, and blind: See sees. 2237-2282. § 714. Those of the trustees of the State burv- ing grounds are prescribed in Title YIII, of Part III, of this Code. Trustees of state burving grounds: See sec 3597. 157 Judicial Officers. §§ 715-737 § 715. Those of the commissioners of the Yo- semite Valley and the Mariposa hig tree grove are prescribed in Title VIII, of Part III, of this Code. Yosemite and big tree commissioners: See sees. 3584-3586. CHAPTER IV. JUDICIAL, OFFICERS. § 726. Number, designation and mode of election. § 726. The number, designation, and mode of election of judicial officers are fixed in Title I, Part I, of the Code of Civil Procedure. See Code Civ. Proc, sec. 33. Judicial officers, election etc.: See Code Civ. Proc, sees. 40-42, 65-70, 110, -156-159. Judicial department, Const. Cal., art 6. Func- tions independent, see Const. Cal., art. 3. Jurisdiction of courts: See Code Civ. Proc, sees. 33 et seq. CHAPTER V. SALARIES OF JUSTICES OF THE SUPREME COURT AND SUPERIOR JUDGES, AND OFFICERS CON- NECTED WITH THE SUPREME COURT. § 736. Salary of Justices of Supreme Court. § 737. Salary of Superior Judges. S 738. Same. § 739. Salaries of officers connected with the Supreme Court. § 736. The annual salary of each justice of the supreme court is six thousand dollars. § 737. The annual salaries of the judges of the superior courts of the city and county of San Francisco, and of the counties of Alameda, San Joaquin, Los Angeles, Santa Clara, Santa Cruz, San Mateo, Yuba, and Sutter combined, Sacra- mento, Butte, Nevada, Sonoma. Colusa, Mon- terey. Santa Barbara, San Diego, Marin, Mendo- cmo, Tehama, San Bernardino, Kern, Placer, Hum- Pol. Code— 14 §§ 738, 739 Salaries of Judges, etc. 158 boldt, Tulare, Fresno, Solano, Yolo, and Contra Costa, are four thousand dollars each; and of the judges of the superior courts of Amador, Calave- ras, Stanislaus, and El Dorado, three thousand five hundred dollars per annum; the judges of the superior court of the county of Alpine, two thousand dollars per annum; one half of which shall be paid by the State, and the other half thereof by the county of Avhich the judge is elect- ed or appointed, except that in the counties of Yuba and Sutter one fourth of the salary of the superior judge shall be paid by each county. Sec. 2. The provisions of this act shall not af- fect the salary of present incumbents. [Amend- ment approved March 31, 1891; Stats. 1891, p. 267.] Salary of the additional superior judges of Al- ameda county same as other judges of superior court of that county: See Stats. 1881, 20. Salary of .Judges. — In the constitution of Cal- if ornia, article 6, section 24, is the following unique proviso Avith respect to the payment of the salary of t)ie judges of that State: "No judge of a super- ior court shall, after the first of July. 1880, be al- lowed to draAv or receive any monthly salary un- less he shall talie and subscribe an affidavit be- fore an officer entitled to administer oaths that no cause in his court remains undecided that has been submitted for decision for the period of nine- ty days." Appropriation for deficiency of payment of state portion of salaries of Superior Court judges: Stats. 1881, 21. § 738. The annual salaries of the judges of the other superior courts are three thousand dollars each, one-half tliereof payable by the State, and the other half thereof payable by the county for Avhich tlie judge is elected. [Amendment' ap- proved April 23, ]880: Amendments 1880. p. 88. In effect July 1, 1S80.] § 739. The annual salaries of the officers con- nected with the supreme court are as follows: The reporter of the decisions, twenty-five hun- dred dollars. One phonographic reporter, three thousand dol- 159 Clerk of Supreme Court. § 749 lars, and one phonographic reporter twenty-four hundred dollars. One secretary of the court, twenty-four hundred dollars, and one secretary of the court, twelve hundred dollars. Each bailiff, fifteen hundred dollars. The librarian, fifteen hundred dollars. Amend- ment approved March 27, 1897; Amendments, 1897, ch. cl. In effect immediately.] Phonographic reporter: Sees. 769, 770. Secretary and bailiff, appointment: See Code Civ. Proc, sees. 265, 266. CHAPTER VI. MINISTERIAL AND OTHER OFFICERS CONNECTED WITH THE COURTS. Article I. Clerk of the Supreme Court. II. Reporters of the Supreme Court. III. Notaries Public. IV. Commissioners of Deeds. V. Other OfBcers. ARTICLE I. CLERK OF THE SUPREME COURT. § 749. Election and term of office. § 750. General duties. § 751. May appoint Deputies. § 752. Fees. § 753. Disposition of fees. § 754. Settlements, when and how made. S 755. Salary of Clerk. § 756. Salary of Deputies. § 757. Official bond. § 749. The clerk of the supreme court is elect- ed at the same time the governor is elected, and holds his office for the term of four years from and after the first Monday in December next suc- ceeding his election. Original foundation of article: Stats. 1850, p. 74; 1868, p. 215; 1870, p. 157. §§ 750-752 Clerk of Supreme Court. 160 Clerk of supreme court — liCgislature to provide for election, etc., see Const. Cal., art. 6, sec. 14. Vacancy in office of, how filled, sec. 1001. § 750. The clerk of the supreme court must perform such duties as are prescribed in the Pen- al Code and Code of Civil Procedure, and such duties as may be required of him by the rules and practice of the court. Duties— to be fixed by Legislatiu-e, Const. Cal., art. 6, sec. 14. General analvtical index of cases, to make, see Stats. 1878, p. 1002. § 751. He may appoint six deputies, three to reside at San Francisco, two at IjOS Angeles, one at the State capital. [Amendment approved April 6. 1891; Stats. 1891, p. 508; in effect imme- diately.] Section 2 of the above act reads as follows:— Sec. 2. The sum of four thousand and fifty dol- lars is hereby appropriated out of any moneys in the State treasury not otherwise appropriated, to pay the salary of the additional deputy at Los Angeles for the forty-second, and forty-third, and forty-fourth fiscal years. Salaries of deputies: Sec. 756. § 752. He must collect in advance the follow- ing fees: For filing the transcript on appeal, in each civil case appealed to the supreme court, ten dollars, in full of all services rendered in each case up to the rendering of the judgment or the issuing of the remittitur, when no petition for a rehearing has been filed; for filing a petition for a rehearing, and for all services to the issuing of remittitur to the court below, two dollars and fifty cents; for filing motion to dismiss appeal on clerk's certificate, two dollars and fifty cents; for filing petitions for writs of mandate, review, prohibition, and otiier original proceeding, seven dollars and fifty cents, in full for all services ren- dered in each case; for filing order extending time to file transcript, fifty cents; for certificate of ad- mission as attorney and counselor, ten dollars; for filing each paper in writs of error to the su- preme court of the United States, twenty-five oeuts; for making record m writs of eri'or to the su- 161 Clerk of Supreme Court. §§ 753-756 preme court of the United States, and for copies of any record or document in his office, per folio, ten cents; but this fee shall not be taxed against parties to suit for any paper or copy of paper up to and including remittitur; for comparing any document requiring a certificate, per folio, five cents; for each certificate under seal, one dollar. [Amendment approved March 8, 1895; Stats. 1895, p. 29. In effect March 8, 1895.] § 753. All fees collected by him must be paid into the State treasury, eighty per cent thereof to the credit of the general fund, and twenty per cent thereof to the credit of the supreme court li- brary fund. [Amendment approved March 26, 1878'; Amendments 1877-8, p. 23; in effect in sixty days.] § 754. He is responsible and must account for, and in his settlement with the controller must be charged with, the full amoimt of all fees collect- ed or chargeable, and accruing in causes brought into the court, for services rendered therein up to the time of each settlement, and must, at the end of every month, pay the same into the State treasury. He must also, at the end of every month, render to the controller of State, in such form as that officer prescribes, an account in de- tail, under his own oath, of all fees chargeable and accruing in caiises brought into court and not included in his previous accounts rendered. His salary must not be allowed or paid until all fees so accruing, and for which he is chargeable, have been accounted for and paid over. [Amend ment approved March 26, 1878; Amendments 1877-8, p. 23; in effect in sixty days.] § 755. The annual salary of the clerli of the supreme court is three thousand dollars. [Amendment approved April 23, 1880; Amend- ments 1880, p. 88; in effect July 1, 1880.] Salary of clerk— withheld until fees settled for: Sec. 754. § 756. The annual salary of each of the deputy §§ 757-769 Reporters of Supreme Court. 162 clerks is eighteen hundred dollars. [Amendment approved March 26, 1878; Amendments 1877-8, p. 24. J § 757. The clerk of the supreme court must execute an official bond in the sum of ten thou- sand dollars. Official bond: See sees. 947-986. ARTICLE II. REPORTERS OF THE SUPREME COURT. § 767. Reporter of Decisions, appointment and term. § 768. Affidavit to be made by appointee. (Repealed.) § 769. Phonographic Reporter, appointment and term. § 770. Duties of Phonograpliic Reporter. § 771. General Duties of Reporter of Decisions. § 772. Same. § 773. Reports, what to include. § 774. Justices must supervise puhlication. § 775. Proof sheets. § 776. Original papers. § 777. Style of reports. § 778. Publication by contract. § 779. Advertisement and award. § 780. Contract, what to require. § 781. Purchase of volumes for use of State. § 782. Publication by State Printer. § 767. Superseded by section 21, article vi, of the Constitution. Appointment by reporter— Deputy may be ap- pointed by reporter: Stats. 1881, p. 9. Salary of reporter: Sec. 739, ante. Publication of opinions of supreme court, fund- amental provision for. Const. Cal., art. 6, sec. 16. Decisions of supreme court — requisites and scope, see Code Civ. Proc, sees. 49, 53; to be in writing, Const. Cal., art. 6, sec. 2. § 768. Repealed. [Repealed March 21, 1878; Stats. 1877-8, p. 389. In effect March 21, 1878.] § 769. The supreme court may also, in like manner, appoint two phonographic reporters for the court, to hold office at its pleasure. [Amend- 163 Reporters of Supreme Court. §§ 770-776 ment approved March 27, 1897; Amendments 1897, chap. el. In effect immediately.] § 770. It is the duty of the phonographic re- porter to attend upon the court during its ses- sions, and to: 1. Note the points made by counsel in oral ar- guments; 2. To take down all opinions of the court de- livered orally; 3. Write out his notes in longhand, upon the order of the court, and deliver such writing to the reporter of the decisions of the court; 4. Perform such other duties as may be im- posed upon him by the court or a justice thereof. Subdivision 3. Deliver to reporter of decisions: See sec. 772. § 771. The reporter of the decisions of the su- preme court must prepare a report of such cases decided as he may by the court be directed to re- port. As by the court directed: See sec. 773. § 772. He must, from the notes delivered to him by the phonographic reporter, prepare a re- port of each of the cases included therein, and after preparing such report, must submit it to the court for correction and approval. § 773. Each report must be made in manner and form as the court may direct. § 774. The reports must be published under the supervision of the court, and to that end each of the justices must be furnished by the reporter with proof sheets of each volume thirty days be- fore its final publication. § 775. Within thirty days after such proof sheets are furnished, the justices may return them to the reporter, with corrections or altera- tions, and he must make the corrections or alter- ations accordingly. § 776. The reporter may take the original opinions and papers in each case from the clerk's §§ 777-780 Reporters of Supreme Court. 164 office, and retain them in his possession not ex- ceeding sixty days. § 777. The reports must be published in well- bound volumes, and must be printe^l on good book paper, in small pica leaded, and brevier, equal in quality of pai^er and binding to volumes thirty- three to thirty-nine, inclusive, of California Re- ports. [Amendment approved March 24, 1874; Amendments 1873-4, p. 68; repealed conflicting acts. In effect March 24, 1874.] § 778. The reporter shall have no pecuniary interest in the volumes of reports, but they must be published under the supervision of the court and reporter, by contract, to be entered into by the reporter, secretary of state, and attorney gen- eral, with the person or persons who shall agree to publish and sell the said reports, for a period of ten years, on the terms most advantageous to the State and the public, and at a rate not to ex- ceed four dollars per volume of seven hundred pages. [Amendment approved March 24, 1874; Amendments 1873-4. p. 68; repealed conflicting acts. In eflCect March 24, 1874.] § 779. Before entering into said contract, it shall be the duty of the secretary of state to ad- vertise for proposals for the publication of said reports for thirty days, in one daily paper in Sac- ramento, and one daily paper in San Francisco. It shall be the duty of said reporter, secretary of state, and attorney general, to consider all pro- posals for the publication of said reports which may be made to them, and to award the contract to the person or persons who may agree to pub- lish and sell the same on the terms most advan- tageous to the state and public. [New (substitut- ed) section approved March 24. 1874: Amend- ments 1873-4. p. 69: repealed conflicting acts. In effect March 24, 1874.] Sections 779 and 780, as originally enacted, were i-epealed by act of March 24, 1874, and these new sections substituted in their place. § 780. The contract must require the publish- er to print and publish each volume in the style 1G5 Reporters of Supreme Court, §§ 781, 782 required by section seven hundred and seventy- seven, within sixty days from the time at whicli the manuscript is delivered by the reporter, to sell three hundred copies to the State at the price fixed in the contract, and to keep on hand and for sale, at the price stipulated in the con- tract, a sufficient number of copies of each vol- ume to supply all demands for six years from the publication thereof, and to give bonds for the ful- llllment of the terms of the contract, in the sum of ten thousand dollars. [New (substituted) sec- tion approved March 24, 1874; Amendments 1873- 4, p. 69; repealed conflicting acts. In effect March 24, 1874.] § 781. On the publication of each volume of I'eports, the secretary of state mu:st purchase, for the use of the State, three hundred copies of said volume, at the price named in the contract, not exceeding- four dollars per volume, and after hav- ing distributed the same, as required by section four hundred and ten, shall deposit the surplus copies, if any there be, in the State library. [Amendment approved March 24, 1874; Amend- ments 1873-4, p. 70; repealed conflicting acts. In effect March 24, 1874.] § 782. If, after advertising as required by section seven hundred and seventy-nine, no pro- posals are received by the secretary of state, agreeing to print, publish, and sell said volumes at a price not exceeding four dollars per volume, then the State printer must print and bind twelve hundi'ed copies of each volume, and deliver to the secretary of state all the copies printed by him; arul the secretary of state must keep the copies of the edition not distributed under the provis- ions of section four hundred and ten on sale at four dollars per volume, at retail, and at such wholesale price as may be fixed by the governor, controller, and secretary of state, and must, at the end of each mouth, jiay into the State treas- ury the proceeds of all sales made by him. This act shall not apply to any volume of reports, the printing of which may have been commenced by §§ 701. 792 Notaries Public. 166 the State printer at tlie time the contract herein provided for is made. [New section approved March 24, 1874; Amendments 1873-4, p. 70: re- pealed conflicting acts. In effect March 24, 1874.] ARTICLE III. NOTARIES PUBLIC. § V!)!. Number of Notaries. § 792. Restrictions as to residence. § 793. Terms of office. § 794. General duties of. § 795. Protests, evidence of facts stated. § 796. Records of, on death or resignation. § 797. Certified copies of records of a predecessor. § 79S. Fees. § 799. Official bond. § 800. Certificate of flUne bond and oath. § 801. Liabilities on official bond. § 791. The governor may appoint and com- mission such number of notaries public for the several counties of this State as he shall deem ne- cessary for the public convenience; except that in cities and counties and counties of the first class the number shall not exceed sixty. [Amendment approved March 23, 1893; Stats. 1893, p. 289; in effect immediately.! Additional notary public— for San Francisco, at Presidio; See post. Appendix, p. 10.50. General foundations of sections, not amended in this article: Stats. 1862, p. 443. See Stats. 1862, 445; 1863-4, 486; 1866-7, 2.34, 86.5; 1867-8, 461; 1869-70, 28, 55, 68, 402, 481, 697, 779, 802; 1870, 157, for the basis of the article gener- ally before amendment. § 792. Every person appointed as notary pub- lic must, at the time of appointment, be a citizen of the United States and of this State, and twen- ty-one years of age; must have resided in the county for which the appointment is made for six months. Women having these qualifications may be appointed. [Amendment approved :March 10. '1891; Stats. 1891, p. 29.] 167 Notaries Public. §§ 793, 794 Elector: Sec. 1083, post. Residence: Sec. 52, ante. § 793. Tlie term of otiice of a notary public is two years from and after the date of his com- mission. Vacancies— and the modes of supplying them: Sees. 996-1004. Powers of successor: Sees. 796, 797. § 794. It is the duty of notaries public: 1. When reqiiested, to demand acceptance and payment of foreign, domestic, and inland bills of exchange, or promissory notes, and protest the same for non-acceptance and non-payment, and to exercise such other powers and duties as by the law of nations and according to commercial us- ages, or by the laws of any other State, govern- ment, or country, maj^ be performed by notaries; 2. To take the acknowledgment or proof of powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing exe- cuted by any person, and to give a certificate of such proof or acknowledgment, indorsed on or at- tached to the instrument; 3. To take depositions and affidavits, and ad- minister oaths and affirmations, in all matters in- cident to the duties of the office, or to be used be- fore any court, judge, officer, or board in this State; 4. To keep a record of all official acts done by them; 5. To keep a record of the parties to, date, and character of every instrument acknowledged or proved before them; 6. When requested, and upon payment of their fees therefor, to make and give a certified copy of any x'ecord in their office; 7. To provide and keep official seals, upon which must be engraved the arms of this State, the words "Notary Public," and the name of the county for which they are commissioned: 8. To authenticate witli their official seals all official acts. Subdivision 3. Demand— for acceptance or pay- ment, protest as evidence of: Sec. 795. Present- §§ 795, TOG Notaries Public. 168 ment for acceptance: Civil Code, sees. 3185-3189. Presentment lor payment, sees. 3211-3214, sec. 3248. Excuse of presentment and notice: Sees. 3218-3220. Protest— of foreign bills: Civil Code, sees. 3225- 3238. Waiver of: Civil Code, sec. 3160. As evi- dence: Sec. 795. Notice of protest — liow given: Civil Code, sec. 3231; see notice of dishonor: Civil Code, sees. 3141- 3151. Fee for: sec. 798. Subdivision 2. Aclcnowledgments— of instru- ments, generally: Civil Code, sees. 1180-1207. No- tary's authority to take: Civil Code, sees. 1181- 1183. Subdivision 3. Depositions: See Code Civ. Proc, sees. 2019-2021. Manner of taking in this State: See Code Civ. Proc, sees. 2031-2038. Aftidavits: See Code. Civ. Proc, sees. 2009-2015. Oaths and atiirmations— administration of, gen- erally: Code Civ. Proc, sees. 2093-2097. By No- tary, authoi-ized: Code Civ. Proc, sec. 2093. § 795. The protest of a notary, under his hand and official seal, of a bill of exchange, or promissory note, for non-acceptance or nonpayment, stating the presentment for acceptance or payment, and the nouacceptance or nonpayment thereof, the service of notice on any or all of the parties to such bill of exchange or promissory note, and spe- cifying the mode of giving such notice, and the re- puted place of residence of the party to such bill of exchange or promissory note, and of the party to whom the same Avas given, and the post office nearest thereto, is prima facie evidence of the facts contained therein. [Amendment approved March 30, 1874; Amendments 1873-4, p. 13. In effect July 6, 1874.] Original section said "primary" instead of "prima facie." Official seal: Sec. 794, subds. 7, 8. Prima facie evidence — entry by officer is, see Code Civ. Proc, sees. 1920, 1926. Generally: See Code Civ. Proc, sec. 18.33. § 796. If any Notary die. resign, is disquali- fied, removed from office, or removes from the 1G9 Notaries Public. S§ 797-799 coiiuty for wliich lie is appointed, his records and all his public papers must, witliin tliirty days, be delivered to the olerlv of tlie county, who must deliver them to the notary's successor, when qualified. Resignations, vacancies— and the mode of sup- plying- them: Sees. 996-1004. § 797. Every notary having in his possession the records and papers of his predecessor in office may grant certificates or give certified copies of such records and papers, in lilve manner and with the same effect as such predecessor could have done. Certificates and certified copies — of records and papers: See sees. 794, 795. § 798. The fees of notaries are as follows: For drawing and copying ever.v protest for the non-payment of a promissor.v note, or for the non- payment or non-acceptance of a bill of excliange, draft, or clieclv, two dollars. For drawing and serving every notice of non- payment of a promissory note, or of the non-pay- ment or non-acceptance of a bill of exchange, or- der, draft, or check, one dollar. For recording every protest, one dollar. For drawing an aftidavit, deposition, or other paper for wliicli provision is not herein made, for each folio, thirty cents. For talving an aclvuowledgraent or proof of a deed or other instrument, to include the seal and the writing of the certificate, for the first two sig- natures, one dollar each, and for each additional signature, fifty cents. For administering an oath or attirmation, fifty cents. For every certificate, to include writing the same, and the seal, one dollar. [Amendment approved March 16, 1874; Amendments 1873-4, p. 71. In effect March 16, 1874.] § 799. P^ach notary must execute an oflficial bond in the sum of five tliousand dollars, which bond must be approved bv tlie judge of the su- Pol. Code— l.'^. §§ 800-812 Commissioners of Deeds. 170 perior court of his county, and filed and recorded as other otficial bonds of county officers. [Amend- ment approved April 3, 1880; Amendments 1880, p. 19. In effect April 3, 1880.] Amended to conform to new constitution, in the -word "superior." Notary's official bond— liability on, sec. 801. Bonds of officers, generally: Sees. 947-986. § 800. Each notary, so soon as he has taken his official oath, and filed his official bond, must transmit a certificate of the facts, under the hand and seal of the county clerk, together with a copy of -his official oath, signed by him with his own proper signatxire, to the office of the secre- tary of state. [Amendment approved March 26, 1878: Amendments 1877-8, p. 24. In effect March 26, 1878.] Original section did not have clause from "to- gether" and ending with "signature." Official oath— generally: Sees. 904-910. § 801. For the official misconduct or neglect of a notary public, he and the sureties on his official "bond ai"e liable to the parties Injured thereby for all the damages sustained. ARTICLE IV. COMMISSIONERS OP DEEDS. § 811. Governor to appoint. S 812. General duties of. § 813. Effect of acts done by Commissioners. § 814. Oath, when to be filed. § 81.5. Fees. ? 816. List of Commissioners to be published. § 817. Copy of this Article to be transmitted to appointee. § 811. The governor may appoint In each State of the United States, or in any foreign State, one or more commissioners of deeds, to hold office for the term of four years from and after the date of their commission. § 812. Every commissioner of deeds has pow- er, within the State for which he is appointed: 171 Commissioners of Deeds, §§ 813-817 1. To admiuister and certify oaths; 2. To talve and certify depositions and affida- vits; 3. To talve and certify tlie acknowledgment or proof of powers of attorney, mortgages, transfers, grants, deeds, or other instruments for record; 4. To provide and keep an otKcial seal, upon which must be engraved the arms of this State, the words "Commissioner of Deeds for the State of California," and the name of the State for which he is commissioned; 5. To authenticate with his official seal all his official acts. Acknowledgments— out of State: See Civil Code, sec. 1182, subd. 3 and 4. § 813. All oaths administered, depositions and affidavits taken, and all acknowledgments and proofs certified by commissionei-s of deeds, have the same force and effect, to all intents and pur- poses, as if done and certified in this State by any officer authorized by law to perform such acts. § 814. The official oaths of commissioners of deeds must be filed in tlie office of tlie secretary of state within six months after they are taken. § 815. The fees of commissioners of deeds are the same as those prescribed for notaries public. § 816. The names of all persons appointed commissioners must be published three times in some weelcly newspaper, published at the seat of government of tlie State. § 817. The secretary of state must transmit, with the commission to the appointee, a certified copy of this article, and of section 798. §§ S27-831 Other Officers. 172 ARTICLE V. OTHER OFFICERS. § 827. Court Commissioners. § 828. Secretary and Bailiff of the Supreme Court. § 829. Phonographic Reporters. § 830. Clerics, Sheriffs, Coroners and other county ofllcers, eic. § 831. Attorneys and Counselors at Law. § 827. The mode of appointment, powex's, and duties of court commissioner are fixed bv Chap- ter II, Title 111, Part I, of the Code of Civil Procedure. Court commissioners: Code Civ. Proc, sees. 258, 259. § 828. The mode of appointment, powers, and duties of the secretary and bailiff of the supreme court are fixed by Chapter II, Title IV, Part I of tlie Code of Civil Procedure. Secretaries and bailiffs of supreme court: Code Civ. Proc, sees. 265, 266; salaries, sec. 739, of this Code. § 829. The mode of appointment, powers, and duties of phonographic reporters are fixe^l by Chapter III, Title IV. Part I, of the Code of Civ- il Procedure, and sections 769 and 770 of this ' Code. Phonograpliic reporters — Code Civ. Proc, sees. 208-274. Of supreme court, salary, sec. 739, of this Code. § 830. The mode of election of clerks, sheriffs, coroners, and otlier county and township officers, is fixed by Part IV, of this Code. See post, sec. 3901. County officers— election of: Sec. 4109. § 831. The admission of attorneys and coun- selors at law is provided for and their duties fixed 173 DisqualificntioDS. § 841 in Cliapter I, Title V, Part 1, of tho Code of Civil Procedure. Attorneys and counselors at law: Code Civ. Proc, sees. 275-299. CHAPTER VIT. GENERAL PROVISIONS RELATING TO DIFFERENT CLASSES OF OFFICERS. Article I. Disqualifications. II. Restrictions upon the Residence of Officers. III. Powers of Deputies. IV. Appointment and Duration of Term. V. Nominations and Commissions. VI. Oath of Office. VII. Prohibitions Applicable to Certain Officers. VIII. Salaries, when Title is Contested. IX. Bonds of Officers. X. Resignations, Vacancies and the Mode of Sup- plying them. XI. Proceedings to Compel Delivery of Books and Papers. XII. Miscellaneous Provisions. ARTICLE I. DISQUALIFICATIONS. § 841. Age and citizenship. § 842. Other disqualifications. § 843. County officer not to act as deputy. § 841. No person is capable of holding a civil office who at the time of his election or appoint- ment is not of the age of twentvone vears and a citizen of this State. Persons: Sees. 37, r>0-r)2, 54-00. Civil office — as distinguished from military, see as to executive officers, sec. 341. Over twenty-one: See Civil Code, sec. 25, subd. 1. Women eligible to educational offices: Stats. 1874, p. 356. Citizensliip, as requisite for .i"flici. Register of appointments— Governor to cause to be kept: Sec. 382, subd. 4. § 892. The commissions of all officers commis- sioned by the Governor must be issued in the name of the people of this State, and must be signed by the Governor and attested by the Sec- retary of State, under the Great Seal. Basis of section, Stats. 1863, p. 388; similar con- stitutional provision. Const. Cal., art. 5, sec. 14. S 893. The commissions of all other officers, wliere no special provision is made by law, must be signed by the presiding officer of the body, or by the person malcing the appointment. S 894. Tlie appointment of deputies, clerks, and subordinate officers, when not otherwise pro- vided for, must be made in writing, filed in the office of the appointing power or the office of its Clerk. Appointment of deputies, by whom made, sec. S76; filed where made by county officers, etc., sec. 4113. Oath, how taken, and where filed: Sec. 910, post. 179 Oath of Office. §§ 904-908 ARTICLE VI. OATH OF OFFICE. § 904. Oath, form of. § 905. Oath of Governor and Lieutenant Governor. § 906. Oath of members of the Legislature. § 907. Oath, when taken. § 908. Oath, before whom taken. § 909. Oath, where filed. § 910. Oath of deputies. § 904. Before any officer enters on the duties of his office, he must talve and subscribe the fol- lowing oatli: "1 do swear [or affirm] that I will supiport the Constitution of the United States and the Con- stitution of tlie State of California, and that I will faithfully discharge the duties of the office of accortling to the best of my ability." Provision constitutional: See Const. Cal.. art. 20, see. 3. § 905. The Governor and Lieutenant-Governor must take the official oath in the presence of both Houses of the Legislature, in Convention assem- bled, and an entry of the fact must be made up- on the Journals of each House. § 906. Members of the Legislature may take the oath of office at any time during the term for which they were elected. § 907. Whenever a different time is not pre- scribed by law, the oath of office must be taken, subscribed, and filed within ten days after the officer has notice of his election or appointment, or before the expiration of fifteen days from the commencement of his term of office, when no such notice has been given. When must qualify: See post, sees. 940, 947. See mandatory section, sec. 947, post. § 908. Except when otherwise provided, the oath may be taken before any officer authorized to administer oaths. §§ 909-920 Prohibitions. 180 Administration of oattis, and affirmations: Code Civ. Proc, sees. 2093-2097. " § 909. Every oatli of office certified by tlie of- ficer before wliom the same was talien, must be filed witliin the time required by law, except when otherwise specially provided, as follows: First— The oath of all officers whose au- thority is not limited to any particular county, in the office of the Secretary of State. Second— The oatli of all officers, elected or ap- pointed for any county, and of all officers whose duties are local, or whose residence in any partic- ular county is prescribed by law, in the offices of the Clerks of their respective counties. Third— Each Judge of a Superior Court and County Clerk must, so soon as he has taken and subscribed his official oath, file a copy thereof, signed with his own proper signature, in the of- fice of the Secretary of State. [Amendment ap- proved April 3, 1880: Amendments 1880, p. 20. In effect April 3, 1880.] § 910. Deputies, clerks, and subordinate offi- cers must, within ten days after receiving notice of their appointment, take and file an oath in the manner required of their principals. ARTICLE VII. PROHIBITIONS APPLICABLE TO CERTAIN OFFI- CERS. § 920. Certain officers not to be interested in contracts. § 921. No purchasers or vendors at certain sales. § 922. Contracts in violation, voidable. § 923. Certain officers prohibited from dealing in scrip, etc. § 924. Auditing officers, duties of. 5 925. Treasurer, duties of. § 926. When settlements must be withheld. § 920. Members of the Legislature, State, county, city and township officers, must not be in- terested in any contract made by them in their official capacity, or by any body or Board of which they are members. Basis of section: Stats. 1851, p. 522. 181 Prohibitions. §§ 921-924 Officer interestefl in official contracts, liability for: Penal Code, sec. 71. § 921. State, county, township, and city offi- cers must not be purchasers at any sale, nor ven- dors at any purchase made by them, in their of- ficial capacity. Basis of section: Stats. 1851, p. 522. Penalty for violation of section: Penal Code, sec. 71. Removal of officers for misconduct: See post. Appendix, p. 1056. § 922. Every contract made in violation of any of the provisions of the two preceding sections may be avoided at the instance of any party ex- cept the officer interested therein. § 923. The State Treasurer and Controller, the several county, city, or town officers of this State, their deputies and clerks, are prohibited from pur- chasing or selling, or in any manner receiving to their own use or benefit, or to the use or benefit of any person or persons whatever, any State, county, or city warrants, scrip, orders, demands, claims, or other evidences of indebtedness against the State, or any county or city tliereof, except evidences of indebtedness issued to or lield by them for services rendered as such officer, depu- ty, or clerk, and evidences of the funded indebt- edness of such State, city, town, or corporation. Section founded— on Stats. 1852, p. 64. Liability for violation— of section: Penal Code, sec. 71. § 924. Every officer whose duty it is to audit and allow the accounts of otlier State, county, city, or town officers must, before allowing such accounts, require each of such officers to make and file with him an affidavit that he has not vio- lated any of the provisions of this article. False or fraudulent claim— presentation feloni- ous: Penal Code. sec. 72. Violation of any of the provisions of article, in- formation to cause suspension of settlement or payment: Sec. 926. Pol. Code— le. §§ 925-980 Salaries of Officers. 182 § 925. Officers charged with the disbursement of public moneys must not pay any warrant or other evidence of indebtedness against the State, county, city, or town, Avhen the same has been purchased, sold, received, or transferred contrary to any of the provisions of this Article. See sees. 05-77, Penal Code. § 926. Every officer charged with the disburse- ment of public moneys, who is informed by affi- davit that any officer whose account is about to be settled, audited, or paid by him, has violated any of the provisions of this Article, must sus- l)end such settlement or payment, and cause such officer to be prosecuted for such violation, by the District Attorney of the county. In case there be judgment for the defendant upon such prosecu- tion, the respective officer may proceed to settle, audit, or pay such account, as if no such affidavit had been filed. [Amendment approved March oO; Amendments 1878-4, p. 14. In effect July (>, 1S74.] ARTICLE YIIT. SALARIES OF OFFICERS WHEN TITLE IS CON- TESTED. § 936. Title fontested, salary must not be paid. § 937. Pendency of suit must be certified by the Clerk. § 936. ^\'hen the title of the incumbent of any office in this State is contested by proceedings in- stituted in any court for that purpose, no wan-ant can thereafter be drawn or paid for any part of his salary imtil such proceedings have been tinal- ly determined: provided, liowever, that this sec- tion shall not l)e construed to apply to any party to a contest or proceeding now pending or here- after instituted who holds the certificate of elec- tion or commission of office, and discharges the duties of the office; but such party shall receive the salary of such office, the same as if no such contest or proceeding was pending. [Amend- ment approved INIarch 10. 1891; Stats. 1891, p. 28. In effect immediately.] Article founded on Stats. 1860, p. 108, which ap- plied to State officers only. 183 Salaries of Officers. § 937 Contesting elections: See Code Civ. Proc, sees. 1111-1127; for members of I>esislature, this Code, sees. 273-283; for Governor or Lieutenant-Govern- or, this Code, sees. 288-295. § 937. As soon as such proceedings are Insti- tuted, the clerk ol" the court in Avhich they ai'e pending must certify the facts to the officers whose duty it would otherwise be to draw such warrant or pay such salary, except in the cases included in the proviso to the foregoing section. [Amendment approved March 10, 1891; Stats. 1891. p. 29; in effect immediately.] Stats. 1860, 108. § 1)47 Bonds of Officers. 184 ARTICLE IX. BONDS OF OFFICERS. § 947. Time for filing bond. § 948. Approval, filing, etc., bonds of State officers. § 949. Bond of Secretary of State, where filed. § 950. Bonds of county and township oflicers. § 951. Record of official bond. § 952. Approval must be indorsed on bond. § 953. Bond not to be filed before approval. § 954. Condition of bond. § 955. Justification of sureties. § 956. Sureties for less than the penal sum. § 957. Custody of official bonds. § 958. Form of bonds. § 959. Construction of bonds. § 960. Same. § 961. Suit on bonds. § 962. Same. g 963. Defects in form, approval, filing, etc., not to vitialf § 964. Insufficiency of sureties. § 965. Form of additional bond. § 966. Force of original bond. § 967. Liability of oflicers and sureties. ? 96S. Separate judgment on bonds. § 969. Contribution between sureties. § 970. Discharge of sureties. § 971. Persons appointed to fill vacancies, bonds of. § 972. Release of sureties. 5 973. Same. § 974. Same. S 975. Office declared vacant for want of official bond. § 976. Supplemental bond. § 977. Same. § 978. Same. § 979. Same. § 980. Effect of discharge of sureties. § 981. Provisions of Article apply to bonds of administra- tor. § 982. Bonds of receivers, assignees, etc. § 983. Actions on official bonds, effect of. § 984. Same. § 985. Bonds of deputies, clerks, etc. § 983. Bond of County Clerk, where filed. § 987. Enforcement of contract to sell land affected by lien. § 947. Every official bond must be filed in the proper office within the time prescribed for filing 1.S5 Bonds of Officers. §§ 948-9.14 the oath, unless otherwise expressly provided by statute. Time prescribed for filing oath: Sec. 907. Execution: See post, sec. 950. Irregularities in bond: See post, sec. 963. Continuing liability on bond: See sec. 959. § 948. Unless otherwise prescribed by statute, the othcial bonds of State officers must be approv- ed by tlie Governor, and filed and recorded in tlie office of the Secretary of State. Approval— indorsed on bond: Sec. 952; defect in: See sec. 963. Recording: Sec. 951. § 949. The official bond of the Secretary of State must, after it is recorded, be filed in the of- fice of tlie Treasiu'er of State. § 950. Unless otherwise prescribed by statute, the official bonds of county and township officers must be approved by the Judge of the Superior Court, recorded in tlie office of the Count.v Re- corder, and then filed in the County Clerk's office. [Amendment approved April 3, 1880; Amend- ments 1880, p. 20. In eft:"ect April 3, 1880.] (See sees. 951, 953, 986.) § 951. Official bonds must be recorded in a book kept for that purpose, and entitled "Record of Official Bonds." § 952. The approval of every official bond must be indorsed thereon and signed by the offi- cer approving the same. § 953. No officer with whom any official bond is required to be filed must file siich bond until approved. iJuty of officer to give copies: Sec. 957. § 954. The condition of an official bond must be that the principal will well, trul.v, and faithfully perform all official duties tlien recpured of liiiii liy law. and also all such additional duties as may be imposed on him by any law of the State of California. Sucli bond must be signed by the principal and at least two sureties. (See sec. 960.) §§ 9.".",, Q-S Bonds of Officers. 186 § 955. The officer whose duty it i.s to approve official bonds required of State, county, city and county, or township officers, must not accept or approve any such bond, unless each of the sure- ties severally justify before an officer authorized to administer oaths as follows: 1. On a bond given by a State officer that such surety is a resident and freeholder or household- er, within this State: and on a bond given by a county, city and county, or town officer that such surety is a resident and freeholder or household- er, within such county, city and county, or with- in an adjoining county or city and county. 2. That such surety is worth the amount for which he becomes surety, over and above all his debts and liabilities in unincumbered property, situated within this State, exclusive of property exempt from execution and forced sale. 3. A member of the Board of Supervisors shall not be accepted as surety upon the official bond of any county, city and county, or township offi- cer of his county: nor shall the Sheriff, Clerk. Tax Collector, Treasurer, Recorder, Auditor, As- sessor, or District Attorney of the same county or city and count.v, become sureties upon official bonds for each other. 4. A corporation sucli as is mentioned in sec- tion ten hundred and fifty-six of the Code of Civil Procedure of this State, may become and shall be accepted as sole and sufficient surety upon any bond or undertaliiug authorized or required by the provisions of this Code or of any law of this State, subject to the provisions of said section, and those of section ten hundred and fifty-seven of tlie same Code. [Approved March 10, i889.] Third subdivision of section— added by amend- ment 1874. Rest of section based on Stats. 1857, p. 1G7. Justification of sureties: Compare Code Civ. Proc, sec. 1057. Must be joint and several: See sec. 958, post. § 956. When the penal sum of any bond re- quired to be given, amounts to more than one thousand dollars, the sureties may become sever- ally liable for portions of not less than five hun- dred dollars thereof, making in the aggregate, at 187 Bonds of Officers. S§ 9r>7-9G0 least two sureties for the whole penal sum. And if any such bond becomes foi'feited an action may be brought thereon against all or any num- ber of the obligors, and judgment entered against them, either jointly or severally, as they may be liable. The judgment must not be entered against a surety severall.v bound for a greater sum than that for which he is specially liable by the terms of the bond. Each surety is liable to contribution to his co-sureties in proportion to the amount for which lie is liable. Any corpora- tion, such as is mentioned in section nine huu- di'ed and fifty-five of tliis Code, may become one of such sureties, or be accepted as sole and sxif- flcient surety. [Approved Marcli IG, 1889.] § 957. Every officer with whom official bonds are filed must carefiUly Iceep and preserve the same, and give certified copies thereof to any person demanding the same, upon being paid the same fees as are allowed by law for certified co])- ies of papers in other cases. § 958. All official bonds must be in form joint and several, and made payable to the State of California in such penalty and with such condi- tions as required by tliis Chapter, or the law cre- ating or regulating the duties of the office. Basis of section— modification of Stats. 1850, p. 74. In form joint and several: See sec. 955. ante. upon the distinction between joint and joi'nt and several bonds, where the omission of the principal to sign is raised. § 959. Every official bond executed by any of- ficer jiursuant to law is in force and obligatory upon the principal and sureties therein for any and all breaches of the conditions thereof com- mitted during the time such officer continues to discharge any of the duties of or hold the office, and whether such breaches are committed or suf- fered by the principal officer, his deputy, or clerk. Basis of section: Stats. 1850, p. 75. § 960. Every such bond is in force and obliga- tory upon the principal and sureties therein for §§ 901-964 Bonds of Officers. 188 the faithful discharge of all duties whicli may be required of such officer by auy law enacted sub- sequently to the execution of such bond, and such condition must be expressed therein. Basis of section: Stats. 1850, p. 75, sec. 8. Condition of official bond — to provide for addi- tional duties: See. 954. § 961. Every official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein to and for tlie State of California, and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity; and any person so injured or aggrieved may bring suit on such bond, in his own name, without an assignment thereof. Basis of section: Stats. 1830, p. 75, sec. 9. § 962. No such bond is void on the first recov- ery of a judgment tliereon; but suit may be after- Avards brought, from time to time, and judgment recovered tliereon by the State of California, or by any person to Avliom a right of action has ac- crued against such officer and Ids siu*eties, iintil tlie whole penalty of the bond is exhaiisted. Basis of section: Stats. 1850, p. 75. Compare, as to bond of executor or administra- tor: Code Civ. Proc, sees. 1387 et seq. § 963. AVhenever an official bond does not con- tain tlie substantial matter or conditions requir- ed l)y law, or there are any defects in the ap- proval or filing tliereof, it is not void so as to discharge sucli officer and his sureties; but they are equital)ly l)ound to tlie State or party inter- ested; and tlie State or such party may, by action in auy Court of competent jurisdiction, suggest tlie defect in the bond, approval, or filing, and re- cover the proper and equitable demand or dam- ages from such officer and the persons who in- tended to become and were included as sureties in sucli bond. Basis of section: Stats. 1850, p. 75, sec. 11. § 964. Whenever it is shown by the affidavit of a credible witness, or otherwise comes to the 189 Bonds of Officers. §§ 965-967 knowledge of the judge, court, board, officer, or other person whose duty it is to approve the offi- cial bond of any officer, tliat the sureties or any one of them have, since such bond was approved, died, removed from the State, become insolvent, or from any other caiise have become incompe- tent or insufficient sureties on such bond, the judge, court, board, officer, or other person may issue a citation to such officer, requiring him, on a day therein named, not less than three nor more than ten days after date, to appear and show cause why sucli office should not be vacat- ed, which citation must be served and return thereof made as in other cases. If the officer fails to appear and show good cause why such office should not be vacated, on the day named, or fails to give ample additional se- curity, the judge, court, board, officer, or otli- er person must make an order vacating the office, and the same must be filled as provided by law. Basis of section: Stats. 1853, p. 223. Discharge of sureties: See sec. 970, ' § 965. The additional bond must be in sucli penalty as directed by the court, judge, board, officer, or otlier person, and in all other respects similar to tiie original bond, and approved by and filed witli the same officer as required in case of the approval and filing of the original bond. Every such additional bond so filed and approved is of like force and obligation upon the princi- pal and sureties therein, from the time of its exe- cution, and subjects the otticer and his siu-eties to the same liabilities, suits, and actions as ai*e prescribed respecting the original bonds of offi- cers. Basis of section: Stats. 1850, p. 74, sec. 18. § 966. In no case is the original bond dis- charged or affected when an additional bond has been given, but the same remains of like force and obligation as if sucli additional bond had not been given. § 967. The officer and liis sureties are liable to any party injured by tlie breacli of any condi- tion of an official bond, after the execution of §§ 968-971 Bonds of Officers. 190 the additional bond, upon eitlier or both bonds, and such party may bring his action uix)u either bond, or he may bring separate actions on the bonds respectively, and lie may allege the same cause of action, and recover judgment therefor in each suit. § 968. If separate judgments are recovered on the bonds by such party for the same cause of action, he is entitled to have execution issued on such judgments respectively; but he must only collect, by execution or otherwise, the amount ac- tually adjudged to him on the same causes of ac- tion in one of the suits, together with the costs of both suits. § 969. "Whenever the sureties on either bond have been compelled to pay any sum of money on account of the principal obligor therein, they ai-e entitled to recover, in any court of competent jur- isdiction, of the sureties on the remaming bond a distributive part of the siim thus paid, in the pro- portion wliich the penalties of such bonds bear one to the other, and to the sums thus paid, re- spectively. § 970. Whenever any sureties on the official bond of any officer wish to be discharged from their liability, they and such officer may procure the same to be done, if such officer will execute a new bond with sufficient sureties in like form, penalty, and conditions, and to be approved and filed as tlie original bond. Upon the filing and approval of the new bond, sucli first sureties are exonerated from all further liability; but their bond remains in full force as to all liabilities in- curred previous to the approval of such new bond. The liability of the sureties in sucli new bond is in all respects the same and may be enfoi'ced in lil\e manner as the liability of the sureties in the original bond. Discharge of sureties: Sec. 964. Release of sureties: See sec. 972. § 971. Any person appointed to fill a vacancy, before entering upon the duties of the office must give a bond corresponding in substance and form 191 Bonds of Officers. §§ 972-070 with the bond required ol" the officer orijiinally elected or appointed, as liereinbefore provided. Vacancies, and mode of supplying tliem: Sees. 055-1004. |;j § 972. Any surety on the official bond of a city, town, county, or State officer, may be relieved from liabilities thereon afterward accruing- by coui- l)lying with the provisions of the three sections following. § 973. Such surety must file with the judge, court, board, offieei', or other person authorized by law to approve such official bond, a statement, in writing, setting forth the desire of the surety to be relieved from all lialiilities thereon after- wards arising, and the reasons therefor; which statement must be subscribed and verified by tlie affidavit of the party filing the same. § 974. A copy of the statement must be serv- ed on the officer named in such official bond, and due return or affidavit of service made thereon as in other cases. § 975. In ten days after tlie service of such notice, tlie judge, court, board, officer or other person with whom the same is filed, must make an order declaring such ofiice vacant, and releas- ing such surety from all liability thereafter to arise on such official bond, and such office there- after is in law vacant, and must be immediately filled by election or appointment, as provided for l)y law" as in other eases of vacancy of such of- fice, unless such officer has before that time giv- en good and ample siu'ety for the dischai'ge of all Ills official duties as required originally. § 976. Whenever, from any cause, a surety on the official bond of any officer elected or appoint- ed imder the laws of "this State withdraws from his bond or becomes insolvent, or from other cause becomes incompetent to remain as surety thereon, such officer may tile a supplemental bond, executed and approved in the same manner as the original bond, for the amount for which file surety so withdrawing or incompetent was hiiund by the original bond. §§ 977-980 Bonds of Officers. 192 § 977. The release, discharge, voluntary with- drawal, or incompetency of a surety on any offi- cial bond, does not affect the bond as to the re- maining sureties thereon, or alter or change their liability in any respect. § 978. Whenever a surety on any official bond gives notice of intention to withdraw therefrom, or is removed, or becomes otherwise incompetent, tlie principal on the bond must, within ten days after such notice or disqualification, execute and file, subject to the same conditions as the origi- nal, a supplemental bond, wherein must be re- cited the names of the remaining original sure- ties, and the name or names of the new surety or sureties, and the respective amounts for which he or tliey become bound, who are substituted in lieu of the surety or sureties released or disquali- fied. § 979. Whenever the original bond is given for an amount in excess of the sum required by law. if the withdrawal or removal of any suretj' does not reduce the bond below the amount required by law to be secured by sureties, then no supple- mental or additional bond is required or neces- sary; and whenever any supplemental bond is so filed and approved, the officer with whom the bond is filed, or in whose office the same is re- corded, must give ten days' notice — by publica- tion in some paper published in the county, or if there is no paper in the county, then in the coun- ty nearest tliereto in whicli a newspaper is pub- lished, and in case of the bond of a State officer, in some paper at the City of Sacramento— of the fact of the filinar of tlie bond and the name of the i)arty withdrawing from the former and the substitute on the new bond; and until the filing and approval of the supplemental bond the sure- ties on the former bond are liable for all the acts of their principal. § 980. No surety must be released from dam- ages or liabilities for acts, omissions, or causes existing, or which arose before the malting of the order mentioned in section 975, but sucli legal proceedings may be had therefor in all respects as though no such order had been made. 193 Bonds of Officers. §§ 981-983 § 981. The provisions of this article apply to the bonds of receivers, executors, administrators, and guardians. Bonds of receivers: Sec. 982, and Code Civ. Proc, sees. 50G, 567. Bonds of executors and administrators: Code Civ. Proc, sees. 1387-1407. Bonds of guardians: Code Civ. Proc, sees. 1754, 175(;, 1758, 1788, 1803-180."., 1807, 1809. § 982. All bonds or undertakings given by trustees, receivers, assignees, or officers of a court in an action or proceeding for tlie faitliful discliarge of their diities, where it is not otlier- wise provided, must be in the name of, and paya- ble to, the State of California: and upon tlie or- der of the court where sucir action or proceeding is pending, may be prosecuted for tlie benefit of any and all persons interested therein. The state the payee: See sec 958, ante. § 983. When an action is commenced in any court in this State for tlie benefit of the State, to enforce the penalty of, or to recover money iipon an official bond or obligation, or any bond or obli- gation executed in favor of the State of Califor- nia, or of the people of this State, the attorney or other person prosecuting the action may file with the court in which the action is commenced an affidavit, stating eitlier positively or on informa- tion and l)clief, that such bond or obligation was executed by the defendant, or one or more of the defendants (designating whom), and made payal)le to the people of tlie State, or to the State of California, and that tlie defendant or defend- ants have real estate or interest in lands (desig- nating the county or counties in wliicli the same is situated), and that the action is prosecuted for the benefit of the State; and thereupon the Clerk receiving such affidavit must certify to the re- corder of the county in whicli such real estate is situated tlie names of tlie parties to the action, the name of the court in which the action is pend- ing, and the amount claimed in tlie complaint, with the date of the commencement of the suit. Lis pendens: Code Civ. Proc, sees. 409, 755. Pol. Code— 17. §§ 9S4-987 Bonds of Officers. 194 § 984. Uyou reoeiviua: such certificate, the County Recorder must indorse upon it the time of Its reception, and such eertiticate must be tiled and recordeil iu the same manner as notices of the pendency of an action afifecting real estate: and any judgment recovered in such action is a lien u^Kin all real estate situated in any county in which such certitlcate is so fileil. belonging to the defendant, or to one or more of such defendants, for the amount that the owner thereof is or may be liable upon the judgment, from the filing of the certificate: and the fees due the Clerk and Recorder for the services required are a charge against the county where the suit is brought, to be recovered like other costs. § 985. Every officer or body api)ointing a dep- uty, clerk, or subordinate officer, may require an official bond to be given by the person appointed, and may nx the amount thereof. § 986. The official bond of the County Clerk shall, after being recorded, be filed in the office of the County Treasurer, and the safe-keeping of the .same is hereby made the duty of the County Treasurer, ^^^ew ' section approved March 27. 1S7-1: Amendments 1873-i. p. 73. In effect in six- ty days.] Bonds of other county officers: Sec. 950. § 987. In any action to compel the specific performance of an agreement to sell real estate affected by the lien created by the filing of the certificate mentioned in section nine hundred and eighty-four, which said agreement shall have be^n made prior to the filing of such certificate, but the purchase pric-e under which said agree- ment shall not have become due until after the filing of said certificate, the Judge of the Supe- rior Court in which said action for specific per- formance is tried, shall, if the purchaser is other- wise entitled to sr>ecific performance of such agreement, order the said purchaser to pay the purchase price, or so much thereof as may be due. to the State Treasurer, taking his receipt therefor. Upon such payment the purchaser shall be entitled to enforcement of specific perform- ance of said agreement, and shall take said real Ifio Kesignationij and \'acancies. |§ 995, 990 estate, free from the liens crea,ted by the filing of Kaid certificate. The moneys fso paid to the State Treasurer shall be held by him. pending the liti- gation mentioneeu- ing of either of the following events before the exiiiration of the term: § 99G Resignations and Vacancies. 196 1. The death of the incumbent. 2. His insanity, found upon a commission of lunacj' issued to determine the fact. 3. His resignation. 4. His removal from office. 5. His ceasing to be an inhabitant of the State, or, if the office be local, of the district, county, city, or township for which he was chos- en or appointed, or within which the duties of his office are required to be discharged. 6. His absence from tlie State, without permis- sion of tlie Legislature, beyond the period allow- ed by law. 7. His ceasinsi to discharge the duties of his office for the period of three consecutive months, except when prevented by sickness, or when ab- sent from the State by permission of the Legis- lature. S. His conviction of a felony, or of any offense involving a violation of his official duties. 9. His refusal, or neglect to file his official oath or bond within the time prescribed. 10. The decision of a competent tribunal de- claring void his election or appointment. Stat. 1863. Subd. 2. Insanity — notice to officer empoAvered to fill vacancy: Sec. 907. Subd. 3. Resignation: Sec. 99.5. Subd. 4. See sec. 997; Code Civ. Proc, sees. 802-810; Penal Code, sees. 7.")8-772. Subd. 5. Sees. 52, 8.52-8.5.5. Subd. 6. Absence from State: Sec. 8.53. Absence from State: See Const. Cal., art. 6. sec. 9, in the case of a judicial officer, and art. 5, sec. 16, of same, in the case of the governor. Subd. 8. Conviction of felony or misdemeanor in office, impeachment: Const. Cal.. art. 4, sees. 17, 18; also Penal Code, sees. 737-7.53: Court of. Code Civ. Proc, sees. 36-.39. Removal of civil officers otherwise than by impeachment: Penal Code, sees. 7.58-772. Notice to officer empowere80, subd. 8. Vacancy, when none caused bv expiration of term: Sees. 380, 99« n. i]lections to till vacancies in offices: See sec. 1043, post. § 1000. Vacancies occurring in office during the recess of the Legislature, ithe appointment to which is vested in tlie Governor and Senate, or in the Jiegislature, must be filled by appointment made by the (governor; but the person so ap- pointed can only hold the oHice until the adjourn- ment of tlie next session of the Legislature. Basis of section: Stats. 1863, p. 390. § 1001. A vacancy in the office of either the Secretary of State, Controller, Treasurer, Attor- ney-Cieneral, Surveyor-CJeiieral, or Clerk of tlie Supreme Court, must be filled by a person ap- pointed by the (Jovernor, who shall hold his office §§ 1002-1015 Delivery of Books and Papers. 198 for the balance of the unexpired term. [Amend- ment approved April 1, 187(J; Amendments 187.")- G, 2.3. In effect sixty days after passage.] Controller, special election to fill vacancy: See sec. 104.3, post. § 1002. A vacancy in the office of either the Superintendent of Public Instruction or State Harbor Commissioner must be filled by a person appointed by the Governor. State Harbor Commissioner — vacancy to be filled by Governor for unexpired portion of term: See. 2520. § 1003. ■ Any person appointed to fill a vacancy in the Board "of Directors of the Insane Asylum holds only for the unexpired term of his prede- • cessor. Basis of section: Stats. 1870, p. 868. § 1004. Any person elected or appointed to fill a vacancy, after filing his olficial oath and bond, possesses" all the rights and powers, and is sub- ject to all the liabilities, duties, and obligations of the otficer whose vacancy he fills. ARTICLE XI. PROCEEDINGS TO COMPEL DELIVERY OF BOOKS AND PAPERS BY OFFICERS TO THEIR SUCCES- SORS. § 1014. Possession of books and papers. § 1015. Proceedings to compel delivery of. § lOlt). Attachment and warrant to enforce. § 1014. I]very public officer is entitled to the possession of all books and papers pertaining to his oftiee. or in the custody of a former incum- bent, by virtue of his office. Books and papers — of former incumbent, in case of Notary Public: Sec. 796. § 1015. If any person, whether a former incum- bent or another person, refuse or neglect to de- liver to the actual incumbent, any such books or 199 Miscellaneous rrovlsions. §§ 101 0-1027 papers, such actual incumbent may apply, by pe- tition, to any Court of record sitting in the county where the person so refusing or neglecting re- sides, or to any Judge of the Superior Court residing therein, and the Court or otiicer applied to must proceed in a summary way, after notice to the adverse party, to hear the allegations and proof of the parties, and to order any such books or papers to be delivered to the petitioners. I Amendment appi'oved April 3, 1880; Amend- ments 1880, p. 20. In effect April 3, 1880.] Penalty for refusal: See Penal Code, sees. 76, 77. § 1016. The execution of the order and the de- livery of the boolcs and papers may l>e enforced by attachment as for a witness, and. also, at the request of the petitioner, liy a warrant directed to the Sheriff or a Constable of the county, com- manding him to search for such books and pa- pers, and to take and deliver them to the petitioner. ARTICLE XII. MISCfiiLLANEOUS PROVISIONS. § 102G. Seals of executive officers. S 1027. Great Sea!. § 1U2S. Executive and judicial officers may administer oaths. § 1029. Salaries of officers. § 1030. Office hour.s. § 1031. Signature of officers acting ex officio. !j 1032. Records open to public inspection, exceptions. § 1026. Except where otherwise specially pro- vided by law, the seals of ottice of the various exectitive othcers are tliose in use by such otticers at the time this Code takes effect, and each of sucli otHcers must at once file a description and impression of such seal in the ottice of the Secre- tary of State. Seal— defined: sec. 14; great, sec. 1027; of In- spector of Gas AI<>ters, sec. 578; of Notary Public, sec. 794, subds. 7, 8; of Commissioner of Deeds, sec. 812, subds. 4, .''); of Fii-e Department, sec. 3340. § 1027. The rjreat Seal of the State is the one in use at the time of the adoption of this Code. §§ 1028-1032 Miscellaneous Provisions. 200 <;reat Seal: Const. Cal., art. 5, sec. 13; sees. 407, siibd. 4, 408, subd. 3, 416, subd. 2. § 1028. Every executive and judicial officer may administer and certify oaths. Administration of oaths: Sections 179, 259. 2012, 2093, 2097, Code of Civil Procedure, and sections 4118, 4103, of the PoUtical Code, provide what officers may administer oaths. § 1029. Unless otherwise provided by law, the salaries of officers must be paid out of the Gen- eial Fund in the State Treasury, monthly, on the last day of each month. § 1030. Unless otherwise provided by law, every officer must Ivcep his office open for the transaction of liusiness from ten o'cloclv a. m. until four o'clock p. m. each day, except upon holidays. Holidays: Sees. 10, 11. § 1031. When an officer discharges ex officio the duties of another office than that to which he is elected or appointed, his official signature and attestation must be in the name of the office the duties of which he discharges. Basis of section: Stats. 1801, p. 139. § 1032. The public records and other matters in the office of any officer are at all times, during office hours, open to the inspection of any citizen of this State. In all actions for divorce, the pleadings and the testimony talvcn and filed in said actions shall not be by the Clerk with whom the same is filed, or the referee before Avhom the testimony is taken, made public, nor shall tlie same be allowed to be inspected by any person except the parties that may be interested, or the attorneys to the action, or by an order of the Coiu-t in which the action is pending: a copy of said order must be flle<1 "\\ ith the Clerlv. In cases of attachment, the Clerk of the Court with whom the complaint is filed shall not make public the fact of the filing of sucli complaint, or of the issuing of sucli attachment, until after the filing of return of service of attachment. [Amendment npproved March :>0: Amendments 1873-4, p. 14. In ctf.'ct .Inly 0, 1874.] 201 Of Elections. § 1041 Public writings opeu to inspection: Code Civ. Proc, sec. 1892. Divorce: Civil Code. sees. 82-148. Attachment: Code Civ. Proc., sees. 537-559. Violation of section: Pen. Code, sec. 176. TITLE II. OF ELECTIONS. Chapter I. General Provisions relating to Elec- tions. II. Qualifications and Disabilities of Elec- tors. III. Kegistration of Electors. IV. Election Precincts. V. Boards of Election. VI. Opening and Closing the Polls. VII. Poll Lists. VITI. Election Tickets and Ballots. IX. Voting and Challenges. X. Canvassing and Returning the Vote. XI. Canvass of Returns; Declaration of Result: Commissions and Certifi- cates of Election. XII. Elections for Electors of President and Vice-President. XIII. Elections for Members of Congress. XIV. Primary Elections. CHAPTER I. GENERAL PROVISIONS RELATING TO ELECTIONS. Article I. Time of Holding Elections. IT. Election Proclamations. III. Miscellaneous Provisions. IV. County, City and County Boards of Election Com- missioner.s. vVRTICLE I. TIME OF HOLDING ELECTIONS. § 1011. General election, when to be held. § 1042. Judicial election. (Repealed.) § 1043. Special elections, when to be held. § 1041. There must bo held tliroughout th(> State, on -the first Tuesday after the first Monday §§ 1042-1053 Election Proclamations. 202 of November, in the year eighteen hundred and eighty, and in every second year thereafter, an election, to be known as the general election. [Amendment ai)proved April 16. 1880; Amend- ments 1880. p. 77. In effect April 16. 1880.] Effect of Const. Cal. 1879 (and above section as amd. 1880) on time of election of officers of City and County of San Francisco: See. 10, art. 22. lurity of elections, act relating to: See post. Ap- pendix, pp. 961 et seq. § 1042. Repealed. [Repealed April 16, 1880: Amendments 1880, p. 77: in effect April 16, 1880.] § 1043. Special elections are such as are held to supply vacancies in any office, and are held at such times as may be designated by the proper Board or officer. Vacancies, sees. 906 et seq. Designating time of election: See sec. 1053, post. Act relating to special elections: See post. Ap- pendix, p. 985. ARTICLE II. ELECTION PROCLAMATIONS. § 1053. Election proclamations by the Governor. S 1054. Governor's proclamation, what to contain. § 1055. Publication and posting by Supervisors. § 1056. Election proclamation by Supervisors. § 1053. At least thirty days before a general election, and whenever he orders a special elec- tion to fill a vacancy in the office of State Senator or member of Assembly, at least ten days before such special election the Governor must issue an election proclamation, under his hand and the Great Seal of the State, and transmit copies thereof to the Boards of Supervisors of the coun- ties in which such elections are to be held. [Amendment approA'ed April 16. 1880; Amend- ments 1880. p. 77. In effect April 16. 1880.] Opening and closing polls: See see. 1160. post. 2(»3 Election Proclamations. §§ 1054-105G § 1054. Such proclamation must contain: 1. A statement of tlie time of election, and of the ottices to be tilled. 2. An offer of rewards, in the following form: "And I do hereby offer a reward of one hundred dollars for the arrest and conviction of any and every person violating any of the provisions of Title IV, Part I, of tlie Penal Code; such rewards to be paid until the total amount hereafter ex- pended for the purpose reaches the sum of ten thousand dollars." Provisions of Penal Code: Sees. 41-G2 on Crimes against the elective franchise. § 1055. The Board of Supervisors, upon the receipt of such proclamation, may, in case of gen- eral or special elections, cause a copy of the same to be published in some newspaper printed in the county, if any, and to be posted at each place of election at least ten days before the election: and in case of special elections to fill a vacancy in the ottice of State Senator or member of Assem- bly, the Board of Supervisors, upon receipt of such proclamation, may, in their discretion, cause a copy of the same to be published or posted as hereinbefore provided, except, that such publica- tion or posting need not be made for a longer period than Ave days before such election. [Amendment approved April 10. 18pointment. to file with the mayor a written protest against the appointment of a. member of said board of election commis- sioners, as having been appointed as one of affili- ation with said pai'ty, on the grounds that said appointee is not a person of well-known affiliation and standing with said party from which he has been appointed; and the mayor thereupon shall make another appointment in the place of the party against whom the protest has been filed. The members of said commission shall be inel- igible to any other office or public employment, elective or appointive, during the term for which they have been appointed and for one year there- after. Two of the persons so appointed shall be selected from the bodj' of citizens and electors of such city, or city and county, of known affiliation with and belonging to the political party or or- ganization which at the last presidential election held in such city, or city and county, polled within said city, "or city and county, the highest number of votes cast for the candidates of the political party for presidential electoi-s at such election; and the two remaining members of said board shall be selected from the body of electors of such city, or city and county, of known affilia- tion with "and belonging to the political party which, at the last presidential election held at such city, or city and county, polled within such city, or city and county, the next highest num- lier of votes, cast for the candidates for presi- dential electors of a political party. The mem- bers of said commission shall, every two years, choose one of their number as chairman; in the event of their failure to select a chairman in five liallots. the oldest of said members in point of years shall be chairman. The person first ap- pointed as such board of election commissioners shall be appointed on the first Monday of July, eiahteen hundred and ninety-five, and shall each 207 Election Commissioners. §§ 1076, 1077 hold their office for the term of four years from and after the date of their appointment, except that of those first appointed, two (one belonging to each political party or organization as afore- said), to be designated by the mayor, shall retire at the end of two years, when their successor shall be appointed by the mayor. Whenever any vacancy shall occur in the said board, such va- cancy shall be filled by appointment as herein prescribed, and the person so appointed to fill such vacancy shall be selected in the same manner and from the same political party or organiza- tion with which his predecessor in office affiliated and belonged at the time of his appointment thereto, and shall hold office for tlie balance of the unexpired term to which he was appointed. The salary of each membei: of the board of elec- tion commissioners in and for a city, or city and county, having one hundred thousand or more in- habitants, shall be seven hundred and fifty dol- lars per annum, payable in equal monthly install- ments, out of the treasury of such city, or city and county, in the same manner as the salaries of other officers of such city, or city and county, are paid. [New section approved March 28; Stats. 1895, p. .341. In effect .July 1. 189.5.] This act was declared unconstitutional in the case of Denman v. Brodericlc, 111 Cal. 96. § 1076. The board of election commissioners, as provided for in this article, shall, within their respective counties, cities, or cities and counties, be invested with, and shall exercise all the pow- ers conferred, and shall discharge and perform all the duties imposed by this code or by any law of this state, upon boards of supervisors of the several coimties, or upon the common council or other governing body of cities, or upon any other board or body, in respect to the conduct, control, management, and supervision of elections, and all mattei's pei'taining to elections held within the respective counties, cities, or cities and counties, as the same are now or may be hereafter pre- scribed by law. [New section approved March 28; Stats. 189.5, p. 34.3. In effect .Inly 1, 1895.] § 1077. The county clerk is ex officio clerk of the board of election commissioners of the § 1077 Election Commissioners. 208 county, and tlie clerk or secretary of tlie common council or otlaer governing boclj' of a city is ex officio the clerli or secretary of tlie board of elec- tion commissioners; provided, tliat in cities, or cities and counties, of this state having one hun- dred and lifty thousand or more inhabitants, the board of election commissioners shall appoint a suitable person, not one of their own number, to act as secretary, at a salary not to exceed two hundred and fifty dollars per month, payable in the same manner as the salaries of the commis- sioners are paid. Such secretary shall hold his office during the pleasure of the said board. The secretary of the board of election commis- sioners shall not, during the term of his ofiice, engage in any other calling or trade, or profession or employment, and shall be ineligible to be a candidate or delegate to any convention which shall nominate candidates for office, and he shall be ineligible to be voted for for any office while acting as such secretary; and if these provisions of the law are not obeyed, it shall be the duty of the board of election commissioners forthwith to declare his place vacated, and the vacancy shall be filled in the same manner and terms as pro- vided for in the original appointment. Each member of the board of election commis- sioners, and the secretary elected by said board of election commissioners, shall, within fifteen days after receiving notice of their appointment, take the usual oath of office before any judge of the superior court of said county, or city and county, and said oaths of office shall be filed with the county clerk of said city and county. The board of election commissioners shall have the power to appoint all deputies, and such clerks as may be necessary, and to fix their salaries at the time of their employment. All deputies and clerks thus appointed shall be equally divided between the representatives of the political par- ties that polled the highest and the next to the highest number of votes at the preceding presi- dential election. The salaries of all deputies and clerks that may be appointed by said board of election commissioners shall be payable in equal monthly installments out of the treasury of said city, or city and county, in the same manner as the salai'ies of other officers of such city, or city and county, are paid. 209 Electiou Commissioners. §§ 107S, 107'J The members of the board of election commis- sioners, the secretary of the board of election commissioners, all deputies and clerlis appointed by the board of election commissioners, and all election officers, shall have the power to adminis- ter oaths; and any false oaths talien before them, or either of them, shall be deemed to be perjury, and the person so convicted thereof shall be pun- ished according to law. [New section approved March 28. Stats. 1895, p. 343. In effect July 1, 1895.] § 1078. The county clerk of each county, and the clerlv or se(*retary of the common coimcil of a city, shall, within their respective counties, or cities, exercise all the powers conferred, and shall discharge and perform all the duties im- posed by this code, or by -any law of this state, upon such otllcers in respect to the conduct, man- agement, and supervision of elections, and mat- ters pertaining to elections, held within the respective counties, or cities, as the same are now or may be hereafter prescribed by law; provided, that in cities, or cities and counties, having one hundred and fifty thousand or more inhabitants, the secretary of the board of election commission- ers, under the direction of the board of election commissioners, shall exercise all the powers con- ferred, and shall discharge and perform all the duties imposed by this code, or by any law of this state, upon the county cleric or any other officer in such cities, or cities and counties, in respect to the conduct and supervision of matters relating to elections held Avithin such cities, or cities and counties, as the same are now or may be here- after prescribed bv law. [New section approved JMarch 28. Stats. 1895, p. 344. In effect Julv 1, 1895.1 § 1079. Whenever the clerk, secretary, or any officer of a county, city, or city and county, is charged with the performance of any official duty in I'espect to elections which involves the expend- iture of public moneys, such expenditures shall be subject to the control and supervision of the board of election commissioners; and when any printing or other service is to be performed, or materials are to be furnished, the amount of which in the aggregate shall exceed the value of §§ 1080-1083 Electors. 210 five hundred dollars, it shall be the duty of the board of election commissioners to invite pro- posals for the work, or the furnishing of the ma- terials, and to let the contract for the same to the lowest responsible bidder therefor, in the same manner and upon the same conditions as is re- quired in the letting of contracts for doing other and similar worlv. or furnishing other and similar materials, for county, city, or city and county purposes: provided, that no such proposal or bid shall be required for the contract to print ballots, if the time within which such ballots must be had does not reasonably admit of such proposal and bid. [New section approved March 28. Stats. 1895, p. 344. In effect July 1, 1895.] § 1080. Nothing contained in this article af- fects any of the provisions of this code, or of any statute of this state, touching the registration and Qualification of voters and the method of calling, holding, and conducting elections, in force in any county, city, or city and county; but such provisions and statutes are recognized as continuing in force, except so far as they are in- consistent with the provisions of this article upon the subject to which this ax'ticle relates. [New section approved March 28. Stats. 1895, p. 345. In effect July 1, 1895.] CHAPTER II. QUALIFICATIONS AND DISABILITIES OF ELECTORS. § 1083. Qualifications of a voter. § 1084. Persons not entitled to vote. § 1083. Every male citizen of the United States, every male person who shall have ac- quired the right of citizenship under or by virtue of the treaty of Queretaro, and every male nat- uralized citizen thereof who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been a resi- dent of the state one year next preceding the elec- tion, and of the county in which he claims his vote ninety days, and in the election precinct thirty days, and whose name shall be enrolled on the great register of such county fifteen days 211 Electors. § 1084 prior to an election, shall be a qualified elector at any and all elections held within the county, city and county, city, town, or district within which such elector resides. [Amendment approved March 9, 1893; Stats. 1893, p. 124. In effect im- mediately.] Section 2 of the above amendment reads: Sec. 2. All acts or parts of acts in conflict herewith are hereby repealed. No property qualiticatiou ever to be required for any person to vote: Const. Cal., art. 1, sec. 24. Citizens — native and naturalized: sec. 51. Residence — for voting purposes; rules for deter- mining place of: sec. 1239. Great Register of County — name enrolled on: See Registration of Electors, sec. 1094-1117. Educational qualification— act relating to: See post, Appendix, p. 961. § 1084. No native of China, no idiot, insane pei'son, or person convicted of any infamous crime, and no person hereafter convicted of the embezzlement or misappropriation of public money, shall ever exercise the privilege of an elector. [Amendment approved April 16, 1880: Amendments 1880, p. 78. In effect April 16, 1880.] Constitutional basis of section— as amd. 1880; proviso in Const. Cal. 1879, art. 2, sec. 1. Native of China — provisions against Chinese: Const. Cal. 1879, art. 19. §§ 1094 Registration of Electors. 212 CHAPTER III. REGISTRATION OF ELECTORS. § 1094. Great Register, re-registration. § 1095. Names of electors to be entered. § 1096. Substance of entry. § 1097. Rules governing entry. § 1098. Assessor's roll of electors. § 1099. What enrollment must show. § 1100. Duty of Clerk or Assessor relative to certain proofs. § 1101. Assessor must make monthly returns of his en- rollment. § 1102. Duty of Clerk upon receipt of the return. § 1103. Affidavits must be filed in Clerk's office. g 1104. Persons not to be registered in different counties. § 1105. Cancellation of entry. § 1106. When entry must be canceled. § 1107. Clerk must give certificate of registration. § 1108. Persons refused registration may proceed by ac- tion. § 1109. Action to have registration canceled. § 1110. Parties to such actions. § nil. Same. § 1112. Costs not to be recovered against the Clerk, ex- cept. § 1113. Clerk to make copy of Great Register. § 1114. Names arranged alphabetically and numbered'. § 1115. Great Register must be printed. § 1116. Printed copies, how distributed. § 1117. Certified copy primary evidence. § 1094. A register, in wtiich sliall be entered the names of the qualified electors of each of the counties in the state, shall be kept at the office of the county clerk of such county, and in each of the cities and counties in the state such a register shall be liept in the office of the person charged with the registration of voters in such city and county. There shall be in each of the counties, and cities and counties, in the state (where regis- tration is now required by law to take place pre- vious to each general election, and in other coun- ties, or cities and counties, when required by the board of supervisors) a new and complete regis- tration of the voters of such counties, and cities and counties, who are entitled thereto, and who apply with the proper proof. Such registration 213 Registration of Electors. § 1094 shall commence one hundred and sixty days be- fore a general election, and shall continue for seventy-five days thence next ensuing, when such registration shall cease; provided, that any elec- tor who has registered and thereafter moved his residence to another precinct in the same county, thirty days before an election, may have his reg- istration transferred to such other precinct upon his application, verified by oath, setting forth the change of residence, and containing the other facts required for original registration. Upon the filing of such affidavit the county clerk must write on the register, opposite the name of such elector, "canceled by transfer to ," and re- enter in the great register, with a change of pre- cinct and address, the registration of such elector, writing thereafter the words, "transferred from ," No transfer from one precinct to another shall be made between a general election and a date twenty-seven days before such election. In cities and counties containing more than one hun- dred and fifty thousand inhabitants every land- lord, or keeper of any premises where "lodgers abide shall keep a list of the names of all lodgers occupying rooms or sleeping apartments or beds in the premises under his control, commencing such list on the one hundred and fiftieth day previous to any election, and such list shall be kept daily so as to be ready for reference and inspection by the board of election commissioners or a clerlv delegated by them for that purpose. Blank lists shall be furnished to every landlord or keeper of premises where lodgers "abide and sliall be collected daily, by order of the election commissioners; such blanks shall be ruled in col- umns showing the name of the lodger, the num- ber of room, and the story of the building, and at any time from the beginning of registration to the day of election, shall be furnished to the board of election commissioners upon their re- quest therefor. Any landlord or keeper of prem- ises where lodgers abide, neglecting or refusing to comply with the provisions of this act, shall be deemed to be guilty of a misdemeanor, and on conviction thereof shall be fined the sum of fifty dollars: and in the event of nonpayment of such fine shall be committed to the county jail for a term of days at the rate of one dollar per day §§ 1095, 1096 Kegistration of Electors. 211 for each dollar of said fine. Any voter registered iu premises in whicli the landlord or keeper ne- glects or refuses to comply with this act shall be cited to appear before the election commissioners within five (5) days in order to verify his right to vote. It shall be considered as a proper cita- tion to such voter if the citation is addressed to the name of party registered, the number of room and place of registration; and if the party cited does not appear m answer to the citation at the time appointed, his name shall be stricken from the register of voters. The landlord or keeper of premises from wliich the voter is registered shall also be cited to appear at the same time and place at which the citation of his alleged lodger is re- turnable. [Amendment approved March 27, 1895. Stats. 1895, p. 228. In effect in sixty days.] § 1095. In the Great Register the Clerk must, as hereinafter provided, enter the names of the qualified electors of the county whose names are not already thereon. Qualified electors — who are: Sec. 1083. § 1096. Such entry must show: 1. The name at length. 2. Business or occupation. 3. The age. omitting fractions of years. 4. The height. 5. The complexion. (J. The color of eyes. 7. The color of hair. 8. The visible marks or scars, if any, and their locality. 9. The country of nativity. 10. The place of residence (giving ward and precinct); and in cities, and cities and counties of over ten thousand inhabitants, by specifying the name of the street, avenue, or other location oi and dwelling of such elector, with the number of such dwelling, if the same has a number, and if not, then with such description of the place that it can be readily ascertained and identified. If the elector be not the pi'oprietor or head of the house, then it must show that fact, and upon what floor thereof and what room such elector occupies in such house. 11. If naturalized, the time and place of nat- uralization. 215 Registration of Electors. § 1097 12. The date of the entry of each person; each name must be numbered in the order of its entry. 13. The postoffice address at date of entry of each person. 14. The fact whether or not the elector desir- ing to be registered is able to read the constitu- tion in the English language and to write hl8 name, and whether or not the elector has any physical disability, by reason of which he cannot mark his ballot; and if he cannot mark his ballot by reason of physical disability, then the nature of such disability must be entered, and the fact that by reason thereof he cannot mark his ballot. [Amendment approved March 27, 1895. Stats. 1895, p. 229. In effect in sixty days.] Section 1096 is drawn from Stats. 1868, 647. In San Francisco, additional matters to be en- tered in Register: See section 17 of Act as to reg- istration, etc., in Stats. 1878, p. 299. § 1097. No person's name must be entered by tlie clerk unless: 1. Upou a certificate of registration in another county, showing that such registration has been canceled, and upon proof by the affidavit of the party that he is an elector of the county in which he seeks to be registered. 2. Upon the returns of the Assessor of the couuty. 3. If a naturalized citizen, upon the production of his certificate of naturalization, which certifi- cate must be issued ninety days prior to the suc- ceeding election, or upon his own affidavit that it is lost or out of his possession, whicli affidavit must state the place of his nativity and the time and place of his naturalization, together with his affidavit that he has resided in the United States for five years, and in this State for one year next preceding the time of application, and that he would be an elector of the county at the next suc- ceeding election; provided, however, if such nat- uralized citizen shall have been previously regis- tered as a qualified elector in any of the counties or city and counties of this State, his name must not be entered by the Clerk unless he produces a certificate of sucli registration, issued by the party autliorized by law to issue sucli certificate, which certificate shall be prima facie evidence of his naturalization. §§ 1098-1101 Registration of Electors. 216 4. If born in a foreign country, upon his affi- davit that he became a citizen of the United States by virtue of the naturalization of his father while he was residing in the United States and under the age of twenty-one years, and that he is or Avould be an elector of the county at the next succeeding election. 5. Upon the production aud filing of a certified copy of the judgment of a Superior Court direct- ing sucli entry to be made. 6. In other cases, upon the affidavit of the party that he is or would be an elector of the county at the next succeeding election. 7. In every case the affidavit of the party must show all the facts required to be stated in tht entry on the register, except the date and number of the entry. [Amendment approved March 13, 1883. Stats. 1883, p. 284.] Subdivision 1. Registration in another county — must be canceled: Sec. 1104. Elector of the county— qualifications of electors: Sec. 1083, and notes. Affidavit, subd. 7 of this section. Subdivision 2. Returns of Assessor: See sees. 1098-1103. § 1098. The Assessor of each county must keep a roll of electors, on which, and upon like proof as is required for entry upon the Great Register, he must enroll the name of any elector of the county making application to him for that purpose. Proof required for entry— upon the Great Reg- ister: See sec. 1097. § 1099. Such enrollment must show the same facts as are required to be shown by the entry upon the Great Register. Entry upon Great Register— facts to be shown by: See sec. 1096. § 1100. The Clerk or Assessor must, upon every certificate of naturalization presented to him 'as evidence of citizenship, indorse and sub- scribe a statement of the time of presentation aud of his action thereon. § 1101. At the end of every month the Asses- sor must return to the County Clerk a certified copy of all entries made upon his roll of electors 217 Registratiou of Electors. §§ 1102-1106 duriug such month, and all atRdavits made for the purpose of procuring such enrollment. § 1102. Upon the receipt of such return, the Clerli must at once enter upon the Great Register the names contained and the statements made in such return. § 1103. The Clerk must file and preserve all affidavits returned to him by the Assessor, or used before him for the purpose of obtaining reg- istration. § 1104. No person must cause himself to be registered or enrolled in one county when his reg- istration in another remains uncanceled. Punishment for fraudulent registration: Penal Code, see. 42. § 1105. There must be left opposite each name in the Great Register a blank for cancella- tion. Cancellation is made by writing in such blank the word "Canceled," and a statement of the reasons therefor. When entry canceled: Sec. 1106. § 1106. The Clerk must cancel the entry in the following cases: 1. At the request of the party registered. 2. When he knows of the death or removal of the person registered. 3. When the insanity of the person registered is legally establislied. 4. Upon the production of a certified copy of a judgment of the conviction of any elector of any infamous crime, or of the embezzlement or mis- appropriation of any public money, in full force against the person I'egistered, or upon informa- tion of such conviction obtained as hereinafter provided. 5. Upon the production of a certified copy of a judgment directing the cancellation to be made. 6. Upon a certificate of the P>oard of Election of any precinct, sent up with the election returns, stating the death or removal, within their own knowledge, of the person registered. 7. When it appears by the returns made by the I»ol. Code— 19. §§ 1107, 1108 Registration of Electors. 218 Board aud Clerics of Election that the respective party did not vote during the next preceding two years at any general or special election. 8. The Clerli shall cancel upon the Great Reg- ister every name found thereon which is found upon the register of deaths, provided for in sec- tion three thousand and seventy-nine of this Code. 9. Every Judge before whom proceedings were had which result in any male person being de- clared incapable of taking care of himself and managing his property, and for whom a guardian of his person and estate is accordingly appointed, or which result in such person being committed to a State Insane Asylum as an insane person, shall file with the County Clerk a certificate of that fact, and thereupon the Clerk shall cancel the name of such person upon the Great Register, if found thereon. 10. The County Clerk shall also, in the first week of September, in each year, examine the records of the Courts having jurisdiction in cases of infamous crimes, and the embezzlement or misappropriation of public money within his county, and cancel upon the Great Register the names of all persons appearing thereon who shall have been convicted of an infamous crime, or of the embezzlement or misappropriation of pub- lic money in such Court, and which conviction shall have been carried into effect. [Amendment approved April 16, 1880; Amendments 1880, p. 78. In effect April 16, 1880.] Amendment 1874— added last four subdivisions, and amdt. 1880 introduced clauses as to embez- zlement. Other changes by both amdts. Subdivision 9. Guardian and ward: Civil Code, sees. 236-258; Code Civ. Proc, sees. 1747-1809. Committed to Insane Asylum: Civil Code, sec, 258. Guardians of insane and incompetent per- sons: Code Civ. Proc, sees. 17G3-17G6. § 1107. Upon the application of the party, in person or in writing, the Clerk must give him or his agent a certified copy of the entries upon the Great Register relating to such party. § 1108. If the Clerk refuses to enter the namt of any qualified elector of the county upon the 219 Registratiou of Electors. §§ 1109-1112 Great Register, such elector may proceed by ac- tion in the Superior Court to compel such entry. [Amendment approved April 3, 1880; Amendments 1880, p. 20. In effect April 3, 1880; re-enacted April 16, 1880: Amendments 1880, p. 79. In effect immediately.] Rules governing entry: Sec. 1097. § 1109. Any person may proceed by action in the Superior Court to compel the Clerk to cancel any entry made on the Great Register illegally, or that ought to be canceled by reason of facts that have occurred subsequent to the time of such enti'y; but if the person whose name is sought to be canceled be not a party to the action, the Court may order him to be made a party defend- ant. [Amendment approved April 3, 1880; Amendments 1880, p. 20. In effect April 3, 1880; re-enacted April IG, 1880; Amendments 1880, p. 79. In effect immediately.] Changes in section— Last clause added by amdt. 1874. Superior substituted for District Court by amdt. 1880. When entry must be canceled: Sec. 1106. Parties to civil actions: Code Civ. Proc, sec«. 367-389. § 1110. In an action under the authoritj'^ of Section 1108, as many persons may join as plain- tiffs as have causes of action. Joinder of plaintiffs— generally: Code Civ. Proc, sec. 378. Uniting causes of action — generally: Code Civ. Proc, sec. 427. § 1111. In an action under the authority of section 1109, the Clerk and as many person's as there are causes of action against may be joined as defendants. Joining all parties interested — as defendants, in general: Code Civ. Proc, sees. 379, 382, § 1112. Costs cannot be recovered against the Clerk in any action under the authority of this chapter, unless it is alleged in the complaint, and established on the trial, that the Clerk knovpinglj and willfully violated a plain duty. Costs— generallv: Code Civ. Proc, sees. 1021- 1039. §§ 1113-1115 Registration of Electors. 22(i § 1113. The County Clerli, or the person charged with the registration of voters in any county or city and county, must arrange all regv istration affidavits in precinct packages as fast as received. At the close of registration, in counties where a new registration has been ordered, the County Clerk, or person charged with the regis- tration of voters in any city or county, or city and county, must arrange alphabetically, accord- ing to surnames, the previously separated pack- ages of all the registration affidavits of his county, or city, or city and county, and enter the substance thereof, so arranged, in separate pre- cinct books; such entries to be completed at least seventy-two (72) days before a general elec- tion. Such precinct books shall at all times be open to public inspection. [Amendment approved March 27, 1895. Stats. 1S95, p. 230. In effect in sixty days.] Napa County— copies dispensed with: Stats. 1874, p. 515. Special elections— registers for: See Act in Stats. 1878, p. 73. § 1114. In counties in which a new registra- tion shall not have been ordered in any even- numbered year, the County Clerk, or person charged with the registration of voters in any county, or city and county, shall keep a book, to be Ivnown as the supplementary register, in which shall be entered, under the appropriate precinct heading, all changes made since the last printed register, including, under the head "Additions." all new registrations, and all transfers to a pre- cinct from another precinct; and under the head "Cancellations," all names stricken fi-om the reg- ister by reason of death, removal from the county, removal from the precinct of original registration, adjudication that the elector is insane, or legally incapable, or has been convicted of an infamous crime, or embezzlement or misappropriation of public money, or by reason of a judgment direct- ing cancellation, or at the request of the party registered. [Amendment approved March 27. 18'95. Stats. 1895, p. 230. In effect in sixty days.] § 1115. Twenty-six days before a general elec- tion, in counties where a new registration shall '.'■'21 Registnitiou ot Electors. § 1115 have been ordered, the County Clerk, or person charged with the registration of voters, shall fur- nish to the printer with whom a contract for the printing of the register shall have been made, the precinct books provided for in section eleven hundred and thirteen of the Political Code. Such precinct book shall, at the time of delivery to the printer, show all transfers, and have stricken therefrom all cancellations since the close of reg- istration. The registers must be printed and de- livered, together with the precinct books used as copy, at least ten days before the election. Such registers shall be printed in the form prescribed by the board of supervisors or election commis- sioners, either in separate precinct books or in books containing all the precincts, in which last case the precincts in such books shall be alpha- betically and numerically arranged, and the names placed therein alphabetically under their appropriate precinct headings. In counties where a new registration shall not have been had in any even-numbered year, there shall be printed, within the time prescribed in this section for printing the registers, a supplemental register, containing all additions, changes, and cancellations, alplia- betically arranged under their appropriate pre- cinct headings, since the last printed register, as shown by the supplemental register provided for in section eleven hundred and fourteen of the Po- litical Code. There shall be but one edition of a supplemental register used in connection with the printed register at any general election, and such edition shall show all additions, changes, and cancellations made since the last printed register, although a part of such additions, changes, and cancellations may have appeared in a former printed supplemental register. The county clerk, or person charged with the registration of voters, ■ must have printed a sufficient number of copies of registers and supplemental registers to supply each election precinct in the county with not less than ten copies thereof, and fifty addi- tional for every one thousand votes cast in the county at the next preceding general election; but the board of supervisors or election commis- sioners may order printed a larger edition, if in their judgment a larger edition is required for subsequent elections or for any other reason. §§ 1116, 1117 Registration of Electors. 222 [Amendment approved March 27, 1895; Stats. 1895, p. 231. In effect in sixty days.] Classification of counties— under Code: Sec. 4006. § 1116. The county clerk, or person charged with the registration of voters, must, as soon as such copies of the great registers, precinct regis- ters, or supplemental registers are printed: 1. Post one copy in some public place in the court-house. 2. Deliver, upon demand, one copy to each coun- ty and township officer in the county. o. Ti'ausmit and cause to be delivered not less than ten copies to each board of election in the county. 4. Preserve five copies in the ofiice for the in- spection of the public. 5. Transmit to the State Library, Mercantile Li- l>rary. Mechanics' Institute, and Odd Fellows' Li- brary, of San Francisco, one copy each. 6. Deliver one copy to each elector of the coun- ty or respective precinct applying therefor, until the remainder of the edition printed is exhaust- ed; provided, that nothing in this section, except the first, third, and fourth subdivisions thereof, shall apply to counties other than of the first class. [Amendment approved March 27, 1895; Stats. 1895, p. 231. In "effect in sixty days.] § 1117. A certified copy of an uncanceled en- try upon the great register is prima facie evidence that the person named in the entry is an elector of the county. [Amendment approved March 30; Amendments 1873-4, p. 20. In effect July 6, 1874.] Prima facie evidence, defined: Code Civ. Proc, sec. 1833. An act to compel the county clerk of the city and county of San Francisco to keep open his of- fice upon all election days, approved March 7, 1876; 1875-6, 142. was repealed by act of March 31. 1880; 1880, 18 (Ban. ed. 62), took effect from passage. 223 Election Precincts. §§ 1127-1130 CHAPTER IV. ELECTION PRECINCTS. § 1127. Supervisors to establish election precincts. § 1128. Boundaries must be defined. § 1129. Board may alter, etc., precincts. § 1130. Limitations on powers given herein. § 1131. Board to designate place in precinct for holding election. § 1132. Proceedings where place not designated, etc. § 1127. The board of supervisors or other board having charge and control of elections in each of the counties, and cities and counties, of the State, shall, as soon before a general election as is convenient, proceed to divide such county or city and county, into election precincts, of which there shall be as many as shall be suffi- cient to malie the number of votes polled at any one election precinct to be not more than two hundred, as nearly as can be ascertained. [Ap- proved March 20, 1889.] Election precincts in San Francisco— see Act to regulate registration of voters and secure purity of elections. Approved March 18, 1878; Stats. 1877-8, p. 299. § 1128. In the order establishing precincts, the boundaries thereof must be defined. § 1129. The board of supervisors or other board having charge and control of elections in each of the counties and cities and counties, of the State, may from time to time change the boundaries of, create new, or consolidate estab- lished precincts; provided, that there shall always be as many precincts as shall be sufficient to make the number of votes polled at any one pre- cinct to be not more than two hundred as nearly as can be ascertained. [Approved March 20, 1889.] § 1130. The following limitations are imposed upon the powers given the supervisors in this chapter: 1. No precinct must be established so as to em- brace more than one township, nor in such man- §§ 1131, 1132 Election Precincts. 224 uer tliat its exterior limits cross the exterior boundaries of any township, incorporated town or city, or any ward, district, or other territorial subdivision for Avhich local officers are to be elect- ed, except a school or road district. 2. No precinct must be established, nor must the boundaries of one already established be al- tered within thirty days next preceding a gener- al or special election. [Amendment approved April 16, 1880; Amendments 1880, p. 80. In ef- fect April 16, 1880.] § 1131. The board of supervisors, or other board having charge and control of elections in each of the counties, and cities and counties, of the State, must, at least fifteen days prior to an election, issue its order appointing boards of elec- tion, designating the house or place within the precinct where the election must be held, and the offices to be filled, naming and number- ing in numerical order, commencing with number one, the offices to be filled, unexpired terms being lastly designated; but in no event shall any place be selected for holding an election that is in a saloon or other room or place where vinous, spirituous or malt liquors are sold or dispensed, nor shall any place be selected for such purpose that is connected with a saloon or other room or place where vinous, spirituous or malt liquors are sold or dispensed, by any door, window or other opening. [Approved March 20, 1889.] Election proclamations.— Time and place of holding elections are of the substance of the election: Sec. 1053, ante. § 1132. If the board fail to designate the house or place for holding the election, or if it cannot be held at the house or place designated, the justices of the peace residing in the precinct must meet two days before the election, and by an order, under tlieir hand (copies of which they must at Once post in three public places in the precinct), designate the house or place. In the city and county of San Francisco, any three of the justices of the peace may discharge the duties im- posed by this section, at least eighteen hours prior to the opening of the polls. [Amendment approved March 30. 1874; Amendments 1873-4, p. 21. In effect July 6, 1874.] 225 Boards of Election. § 1142 CHAPTER V. BOARDS OF ELECTION. § 1142. Boards of Election, how appointed. § 1143. Judges not to be of same political party. § 1144. Proceedings on failure to appoint or attend. § 1145. Organization of Boards and general powers of In- spectors. § 1146. Judges and Clerks may administer oaths. § 1147. Clerks. § 11 48. Board and Clerks to be sworn. § 1149. Board to post copies of Great Register. § 1150. Copies not to be torn or defaced. § 1142. When an election is ordered, the board of supervisors, or other board having charge and control of elections in each of the counties, and cities and counties, of the State, shall appoint for each precinct, from the electors thereof whose names appear upon the last assessment-roll of said county, or city and county, two inspectors, two judges, and two clerks, the inspectors, judges, and clerks to be selected, respectively, from the several respective political parties which, respectively, cast five per cent of the en- tire vote of the state at the last preceding gener- al election for electors of president and vice-pres- ident nominated by such political party, so that each such political party shall have at least one representative upon such board; and the remain- ing officers upon such board shall be apportioned as nearly as may be equally between the two po- litical parties which, respectively, cast the high- est and next highest number of votes for said electors at said election. The inspectors and judges so appointed shall constitute a board of election for such precinct. Such board of election shall canvass the votes for such precinct, and must be present at the closing of the polls. The members of said board shall relieve each other in the duties of canvassing the ballots, which may be conducted by at least half of the whole num- ber: but the final certificate shall be signed by a majority of the whole. No person shall be eligi- ble to act as an officer of election at any precinct who has been employed in any official capacity §§ 1143-1147 Boards of Election. 226 in the county, or city and county, in ttie State, within ninety days next preceding any election. No person shall be elip'ible to act as a member of any election board, or as a clerli upon such board, who cannot read and write the English language. Any person acting as a member of any election board, or as a clerk upon such board, who cannot read and Avrite the English language, and any person who refuses to act upon such board, or as a clerli thereof, after proper notification of his appointment, who is otherwise eligible, unless good and sufficient cause tor such refusal is shown, shall be guilty of a misdemeanor, and up- on conviction shall be subject to a fine of five hundred dollars, and upon failure to pay said fine shall be imprisoned in the county jail of such county, or city and county, for the period of one day for each one dollar of said fine. [Amendment approved March 28, 1895; Stats. 1895, p. 302. In effect March 28, 1895.] § 1143. The judges appointed must not be members of the same political party. § 1144. If the board of supervisors fail to ap- point the board of election, or the members ap- pointed do not attend at the opening of the polls on the morning of the election, the electors of the precinct present at that hour may appoint the board, or supply the place of an absent member thereof. [Amendment approved March 30, 1874; Amendments 1873-4, p. 22. In effect July 6, 1874.] § 1145. The inspector may: 1. Administer all oaths required in the progress of an election. 2. Appoint judges and clerks if, during the pro- gress of an election, any judge or clerk ceases to act. [Approved March 20, 1889.] § 1146. Any member of the board, or either clerk thereof, may administer and certify oaths required to be administered during the progress of an election. § 1147. Section eleven hundred and forty-sev- en of the same Code is hereby repealed. [Ap- proved March 20, 1889.] 227 The Polls. §§ 1148-1161 § 1148. Before opening the polls, each mem- ber of the board and each clerk must take and subscribe an oath to faithfully perform the duties imposed upon them by law. Any elector of the township may administer and certify such oath. § 1149. • Before opening the polls, the board must post in some separate convenient places, easy of access, not less than four printed copies of the great register of the county, as last print- ed, except in the city and county of San Fran- cisco, wherein not less than four printed copies of the register of tlie ward shall be so posted. LAmendment approved March 30, 1874; Amend- ments 1873-4, p. 22; in effect July 6, 1874.] (See see. 1113.) § 1150. The copies so posted must be main- tained during the whole time of voting, and must not in any manner be torn or defaced. In Napa county copies of the great register were dispensed with, except at general or judicial elec- tions provided for by sections 1041 and 1042 of this Code, by act of March 20, 1874; 1873-4, 515. In Sacramento county a new great register was ordered to be provided by act of March 30, 1874; 1873-4, 795. CHAPTER VI. OPENING AND CLOSING THE POLLS. § 1160. Time of opening and closing the polls. § 1161. Recess. (Repealed.) § 1132. Ballot-box to be exhibited. § 1163. Proclamation at opening the polls. § 1164. Proclamation at closing the polls. § 1160. The polls must be opened at sunrise of the morning of the day of election and must be kept open until five o'clock on the afternoon of the same day, when the polls shall be closed. [Approved March 20, 1889.] § 1161. Section eleven hundred and sixty-one of said Code is repealed. [Approved March 30, 1874; Amendments 187.3-4, p. 23. In etfect July 6, 1874.] §§ 11G2-1174 Poll Lists. 228 § 1162. Before receiving any ballots the board must, in tlie presence of any persons assembled at tlie polling place, open and exhibit and close the ballot-box; and thereafter it must not be re- moved from the polling place or presence of the bystanders until all the ballots are counted, nor must it be opened until after the polls are finall> closed. § 1163. Before the board receive any ballots, they must cause it to be proclaimed aloud at the place of election that the polls are open. § 1164. When the polls are closed that fact must be proclaimed aloud at the place of election; and after such proclamation no ballots must be received. CHAPTER YII. POLL LISTS. § 1174. Form of poll and tally lists. § 1175. Want of form not to vitiate. § 1174. The following is the form of poll lists and tally lists to be kept by boards and clerks of election : POLL LISTS. Of the election held in the Precinct of . in the County of , on the day of . in the year A. D. one thousand eight hundred and . A. B., C. D., and E. F., judges, and G. H. and J. K., clerks of said election, were respective- ly sworn (or affirmed), as the law directs, pre. vious to their entering on the duties of their re- spective offices. NUMBER AND NAME OF ELECTORS VOTING. No. Name. No. Nam©. A. B. 3 E. F. CD. 4 G. H. 229 Poll Lists. § 1175 We hereby certify that the numbers of electors voting at tliis election amounts to . Attest: G. H.. J. K., Clerks. A. B., C. D., E. F., Board of Election. TALLY LISTS. Names of persons voted for, and for vphat of- fice, containing the number of votes given for each candidate: j Representative Governor. in Congress. Members of the Legislature. Senate. Assembly. We hereby certify that A. B. had votes for Governor, and C. D. had votes for Gov- ernor; that E. F. had votes for Represent- ative in Congress, etc. G. H., A. B., J. K., C. D., Clerks. E. F., Board of Election. —[Amendment approved March 30, 1874; Amendments 1873-4, p. 23. In effect July G, 1874.] § 1175. No list, tally, paper, or certificate re- turned from any election, must be set aside or re- jected for want of form, nor on account of its not being strictly in accordance witli the directions of this title, if it can be satisfactorily understood. Pol. Code— 20 § 1185 Election Tickets and Ballots. 230 CHAPTER VIII. ELECTION TICKETS AND BALLOTS. ?. 118.5. Printing of ballots. I 1186. Nomination of candidates. ? 1187. Nominations, certifying of. g 118S. Nominations other than by conventions. % 1189. Certificates of nomination^ filing of. ^ 1190. Nominations, limitation upon. i 1191. Certificates of nomination, presentation of. J 1192. Certificates of nomination, time of tiling — vacancies. ^ 1193. Certifying names of candidates. if, 1194. Nominations sent to countv committees — sample bal- lots. § 1195. Constitutional amendments, how submitted. "' 1196. Providing ballots. 1197. Ballots, form of. 1198. Books and records of ballots. 1199. Number of ballots. 1200. Error or omission in name of candidate. 1201. Delivering ballots. 1202. Ballot clerks. 1203. Ballot boxes— booths for voters. 1204. Manner of voting. 1205. Idem. 1206. Occupancy of booths. 1207. Spoiled or unused ballots. 1208. Illiterate or helpless voters. 1209. Removal of slip from ballot. 121U. Sample ballots. 1211. Canvassing of votes — marked or spoiled ballots. 1212. Time for voting. 1213. Certificate of nomination, destruction of or false mak- ing of. 1214. Destruction of supplies. 1215. Disclosing name of candidate — electioneering, etc. 5. 1216. Registrar of voters. § 1185. All ballots cast in elections for public officers within tliis State shall be printed and dis- tributed at public expense, as hereinafter provid- ed. The printing of general ticlvets and cards of instruction to electors of each county, and the delivery of the same to the election officers, shall be a county charge, the payment of Avhich shall be provided for in the same manner as the pay- ment of other county expenses; and the printing and delivering of '"municipal tickets." and also in case of separate elections for city, city and coun- ty, or town officers, the printing and delivering of 231 Election Tickets and Ballots. §§1186, 1187 cards of instruction, shall be a charge upon the respective city, city and county, or town in which such "municipal tickets" and cards of instruction are to be used, the payment of which shall be provided for in the same manner as the pay- ment of other city, city and county, or town ex- penses. [Amendment approved March 20, 1891; Stats. 1891, p. 165; in effect July 1, 1891.] § 1186. Any convention, as hereinafter de- fined, held for the purpose of malcing nominations for public office, and also electors, to the number hereinafter specified, may nominate candidates for public office to be filled by election within the State. A convention, within the meaning of this act, is an organized assemblage of delegates rep- resenting a political party wliich. at the last elec- tion before the holding of stich convention, polled at least three per cent of the entire vote of the State, county, district, or other political division for which the nomination is made; provided, that in any county, township, city, or district wherein no general election siiall iiave been held after its organization, a convention of any party polling at least three per cent of the votes cast in the precincts composing such county, township, city, or district shall have the same powei", and its nominations the same effect, as though such coun- ty, township, city, or district had been organized before the next preceding general election. [Amendment approved March 20, 1891; Stats. 1891, p. 165; in effect July 1, 1891.] Ballot— all elections to be by: Const. Cal., art. 2, sec. 5. § 1187. All nominations made by any such convention shall be certified as follows: The cer- tificate of nomination, wliich must be in writing, shall contain the name of each person nominated, his residence, and the office for which he is nomi- nated, and shall designate the party or principle which such convention represents. It shall be signed by the cliairman and secretary of such convention, who shall add to their signatures their respective places of residence, and make oath, before an officer authorized to administer the same, that the matter stated in such certifi- § 1188 Election Tickets and Ballots. 232 cate is true to the best of their knowledge and belief, and a certificate of the oath shall be an- nexed to the certificate of nomination. [Amend- ment approved March 20, 1891; Stats. 1891, p. 166; in effect July 1, 1891.] § 1188. A candidate for public office may be nominated, otherwise than by a convention, in the manner following: A certificate of nomina- tion containing the name of the candidate to be nominated, with the other information required to be given in the certificates provided for in section one thousand one hundred and eighty-sev- en of this Code, shall be signed by electors re- siding within the district or political division for which candidates ai*e to be presented, equal in number to at least three per cent of the entire vote cast at the last preceding election in the State, district, or political division for which the nomination is to be made. Said signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number, when he resides in a city. One of the signers of each such paper shall swear that the statements therein made are true, and that each signature to said paper ap- pended is the genuine signature of the person whose name purports to be thereto subscribed. Such a certificate, when made as above prescrib- ed, shall have the same effect as a certificate of nomination made by a party convention. Any person signing to such certificate of nomination any name but his own, or any person making a false oath to such certificate of nomination, shall be punished by imprisonment in the State's pris- on not exceeding five vears. [Amendment ap- proved ]March 23, 1893; Stats. 1893, p. 303; in ef- fect immediately.] This act was also amended at the session of 1891; Stats. 1891, p. 166. As then amended, it was as follows: A candidate for public office may be nominated, otherwise than by a convention, in the manner fol- lowing: A certificate of nomination containing the name of the candidate to be nominated, with the other information required to be given in the cer- tificates provided for in section one thousand one 233 Election Tickets and Ballots. §§ 1189, 1190 hundred and eighty-seven of this Code, shall be signed by electors residing within the district or political division for which candidates are to be presented, equal in number to at least five per cent of the entire vote cast at the last preceding election in the state, district, or political division for which the nomination is to be made. Said signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number, when he resides in a city. One of the sigmers of each such certificate shall swear that the state- ments therein made are true, to the best of his knowledge and belief, and a certificate of such oath shall be annexed. Such a certificate, when made as above prescribed, shall have the same effect as a certificate of nomination made by a party con- vention. § 1189. Certificates of nomination shall be filed with the secretary of state for the nomina- tion of candidates for offices to be filled by the electors of the entire State, or for members of the State board of equalization. State board of rail- road commissioners, or house of representatives. Certificates of nomination shall be filed with the clerk or secretary of the legislative body of any incorporated city or town for the nomination of any candidate for an office under the government of any city or town, to be filled by the electors of such city or town. For all other nominations to public offices, certificates of nomination sliall be filed with the clerks of the respective counties wherein the offices are to be filled by the electors; and where the district or political division em- braces more than one county, such certificate must be filed with the clerk of the county in which the candidate resides: and the name of each such candidate, as specified in the certificate of nomination, shall be certified by said county clerk to the county clerks of the other counties within the district or political division not less than fifteen days before the day of election. [Amendment approved INIarch 20, 1891; Stats. 1891, p. 1G7; in effect July 1, 1891.] § 1190. No certificate of nomination shall con- tain the name of more than one candidate for §§ 1191, 1192 Election Tickets and Ballots. 234 each office to be filled. No person shall join in nominating, under the provisions of this Code, more than one nominee for each office to be filled: and no person who has voted in a convention for or against a candidate for any office shall join in nominating, in any manner, any other nominee for that office, and no person shall accept a nom- ination to more than one office. [Amendment ap- proved March 20, 1S91; Stats. 1891, p. 167; in ef- fect July 1, 1891.] § 1191. The secretary of state shall preserve In his office for the period of tvro years all certifi- cates of nomination filed therein under the pro- visions of this Code; and each county clerk shall preserve in his office for a like period all certifi- cates of nomination filed therein under the pro- visions of this Code; and each clerk or secretary of the legislative body of any incorporated city or town shall, for a like period, preserve in his oflice all certificates of nomination filed therein under the provisions of this Code. [Amendment approved March 20, 1891; Stats. 1891, p. 167; in effect July 1. 1891.] The section superseded by the above amend- ment related to the form of ballots. § 1192. Certificates of nomination required to be filed with the secretary of state shall be filed not more than sixty days and not less than forty days before the day fixed by law for the election of the pei'sons in nomination, when the nomina- tion is made by a convention, and not more than sixty days and not less than thirty days before the day of election, when the nomination is made by electors, as provided in section one thousand one hundred and eighty-eight of this Code. Cer- tificates of nomination required to be filed with the county clerks, or with the clerk or secretary of the legislative body of any city or town, shall be filed not more than fifty nor less than thirty days before the day of election, when the nom- ination is made by a convention, and not more than fifty days nor less than twenty days before the day of election, when the nomination is made by electors. Should a vacancy in the list of nominees of a convention occur, such vacancy 235 Election Tickets and Ballots. § 1192 may be filled by the convention, or if it has dele- gated to a committee the power to fill vacancies, such committee may, upon the occurring of such vacancy, proceed to fill the same; provided, that no nomination shall be made or certified at a pe- i-'od before the day of election less than the min- imum number of days provided for filing certifi- cates of nomination made uuder this Code. The chairman and secretary of tlie convention or of such committee shall thereupon make and file viath the proper officer a certificate setting forth the cause of the vacancy, the name of the person nominated, the office for which he was nominat- ed, the name of the person for whom the new nominee is to be substituted, the fact that the committee was autliorized to fill vacancies, and such further information as is required to be giv- en in an original certificate -of nomination. When a certificate to fill any vacancy shall be filed with the secretary of state, he shall in certifying the nomination to the various county clerlvs, insert the name of the person who has been thus nom- inated to fill a vacancy in the place of that of the original nominee. Any person whose name has been presented as a candidate, may, at least five days befoi*e the making of the publication of the nominations prescribed in this section, cause his name to be withdrawn from nomination, by filing with the secretary of state and county clerk his request therefor, in writing, signed, by him and acknowledged before the county clerk of the county in which he resides; and no name so with- drawn shall be printed on tlie ballot. Whenever any certificate of nomination is presented for fil- ing to any officer authorized to file the same, such officer shall forthwith, upon receipt of the same and before filing, examine the same, and if there is any defect, omission, or reason why the same should not be filed, such officer shall then and there forthwith designate, in writing, the defect, omission, or reason why such certificate cannot be filed, and return the said certificate to the person presenting the same, with such written designation of defect, omission, or reason for not filing the same; and after the filing of any cer- tificate of nomination, no officer required by law to transmit any nomination, or to make up or §§ 1193, 1194 Election Tickets and Ballots. 236 print any ballot, shall fail or omit to transmit sucii nomination, or omit to print the name of any nominee or candidate named in any certifi- cate of nomination which has been filed; and un- less a certificate of nomination is returned as herein required, the officer to whom the same is properly presented shall file the same as soon as he shall receive and examine the same as herein required, and must file it as of the day it is pre- sented. [Amendment approved Mai'ch 28, 189.5; Stats. 1S95, p. 303; in effect March 28, 1895.] See sec. 1199, post. § 1193. Not less than twenty -five days before an election to fill any public office, the secretary of state shall certify to the county clerk of each county within which any of the electors may by law vote for candidates for such oflice. the names of each person nominated for such office, as spe- cified in the certificate of nomination filed with the secretary of state. [Amendment approved March 20, 1891; Stats. 1891, p. 168: in effect July 1, 1891.] § 1194. At least fifteen days before an elec- tion to fill any public office, the county clerk of each county shall cause to be sent to the chair- man of the county committee of each organized political party of each county the nominations to oflice certified to him by the secretary of state, and also all those filed with the county clerk. In all counties where a new registration shall take place preceding the next ensuing election, the county clerk shall cause the name of each voter, as enrolled, to be addressed upon an en- velope, and also the number of the residence of said voter, or the correct postoffice address of said voter, as the same is written on said regis- ter, and which name and address shall be writ- ten on the envelope at the time that each voter is duly registered thereon. All of said envelopes shall be securely kept by the said county clerk, and, ten days before election to fill any public office, he shall cause to be folded and placed in said envelope, for mailing, sample ballots con- taining the nominations to office certified to him 237 Election Tickets and Ballots. § 1194 by the secretary of state, and also all those filed with the county clerk, each of which shall be en- closed in said envelope, and cause the same to be mailed in the United States post-office as print- ed matter, for delivery to each of said voters. The mailing of all of said envelopes containing sample ballots, as aforesaid, shall commence at least ten days before the time of election to fill any public office, as aforesaid, and continue so that all of said envelopes containing said sample ballots shall have been mailed at least three whole days before the day of election to fill anj' public office, as above provided. If a new regis- tration does not take place in any county preced- ing the next ensuing election, the county clerk shall cause envelopes to be addressed to each voter, together with the number of the residence of said voter, or correct post-oftce address, as the same appears upon the register corrected at that time, as the law provides, and cause to be in- closed therein the nominations to office certified to him, as aforesaid, and cause the same to be mailed in the manner and within the time as above provided. The clerk or the secretary of the legislative body of any incorporated city or town with whom the names of any candidate&i have been filed shall mail, in tlie United States post-office, envelopes addressed to each voter, to- gether with the sample ballots inclosed therein, the list of nominations filed with him, in the same manner as the lists of nominations mailed by the county clerk, as provided in this section. [Amendment approved March 23, 1893; Stats. 1893, p. 304; in effect immediately.] This section was also amended at the session of 1891: Stats. 1891, p. 1G8. As then amended, it read: At least ten days defore an election to fill any public office, the county clerk of each county shall cause to be publislied, in at least two newspapers of general circulation wathin the county, the nominations to office certified to him by tlie sec- retary of state, and also all those filed' with the county clerk. He shall make not less than two such publications in each of such newspapers be- fore election day, one of sucli publications being §§ 1195, 119U Electiou Tickets and Ballots. 23S made iipon the last day ,iipon which such news- paper is issued before the day of election. The- list of nominations published by the county clerks of the respective counties shall be arranged in the order and form in wliich they will be printed upon the ballot. The clerk or the secretary of the legislative body of any incoi-iK)rated city or town with ■u'hom the names of any candidates have been filed shall publish in the same manner tlie lists of nominations filed Avith him; but where only one newspaper is printed in any county, city, or town, then publication in such newspaper shall be deemed sutlicient: and "O'here no newspaper is printed in such county, city or town, publication shall be made through any newspaper designated by the board of supervisors of said county, or the legislative body of such city or town, and by post- ing copies of the ballot in three of the most public places in such county, city, or town, not less than ten days before the day of election. § 1195. "Whenever a proposed constitutional amendment or other question is to be submitted to the people of the State for the popular vote, the secretary of state shall duly, and not less than twenty-five days before election, certify the same to tlie cleric of each county of the State; and the clerk of each county shall include the same in publication provided for in section one thousand one hundred and ninety-four of this Code. [Amendment approved March 20, 1891; Stats. 1891. p. 1(19; in effect July 1, 1891.] § 1196. Except as in this Code otherwise pro- vided, it shall be the duty of the county clerk of each county to provide printed ballots for every election of public officers except elections for city or town officers, in which electors, or any of the electors within the county participate, and to cause to be printed in the appropriate ballot the name of every candidate whose name has been certified to. or filed with the county clerk, in the manner provided for in this Code. Ballots other than those printed by the respective county clerks, or the clerk or secretary of the legislative body of any incorporated city or town, according 239 Election Tickets and Ballots. § llOG to the provisions of this Code, shall not be cast nor counted at any election. It shall be the duty of the county clerk of any consolidated city and county to provide separate ballots for every elec- tion for city and county officers in which the electors, or any of the electors, of sucli city or county participate, and to cause to be printed in such separate ballots the name of every candi- date for a city and county office whose name has been filed with the said county clerk in the man- ner provided for in this Code. It shall be the duty of the clerk or secretary of the legislative body of any incorporated city or town to pro- vide separate ballots for every election for city or town olficers in which the electors, or any of the electors, of such city or town participate, and to cause to be printed in such separate ballots the name of everj' candidate w-hose name has been filed with such clerk or secretary in the manner provided for in this code. All ballots shall be of the necessary size and shape to contain the names of all the candidates, together Avith the necessary blank spaces hereinafter provided for, and shall be printed on tinted paper furnished by the sec- retary of state. It shall be the duty of the sec- retary of state to obtain and keep on hand a suf- ficient supply of paper for ballots, and to furnish the same, in quantities ordered, to any county clerk, or clerk or secretary of the legislative body of any incorporated city or town, upon payment by them of the cost of such paper. Such paper shall be water-marked with a design to be furnished by the secretary of state, in such manner that tlie said water-mark shall be plainly discernible on the outside of such ballot when folded accord- ing to law. Sucli design shall be kept secret from all persons not engaged in the preparation, print- ing, or distribution of tlie paper or ballots, until tlie day of election. Sucli design shall be changed for each general election, and the same design sliall not be used again at any general election within the space of foiu'teen years, but at any si)eclal or separate local election, paper marked with the design used at the previous election may be used. Nothing in this Code contained shall prevent any voter from writing upon his ballot the name of any person for whom he desires to § 1197 Election Tickets aud Ballots. 240 vote for any office, and such vote shall be counted the same as if printed upon the ballot, aud mai'ked as voted for. [Amendment approved March 20, 1891; Stats. 1891, p. 169; in effect July 1, 1891.] See sec. 1199. § 1197. All ballots printed by county clerks, other than the separate ballots containing the names of candidates for city and county officers printed by the county clerks of consolidated cities and counties shall be headed "General Ticket," and all ballots printed by county clerks of consolidated cities and counties containing the names of candi- dates for city and county offices, and also all tick- ets printed by the clerk or secretary of a legisla- tive body of any incorporated city or town, shall be headed "Municipal Ticket." Under the head- ing of ail general tickets the respective number of the congressional, senatorial, and assembly districts in which each ticket is to be voted shall be printed, together with the following direction to voters: "To vote for a person, stamp a cross (X) in the square at the right of the name." Op- posite the title of each office shall be printed a di- rection to the voter, specifying the number of per- sons to be voted for for that office, and opposite each constitutional amendment or other question to be voted upon, in separate lines, the words "Yes" and "No." All municipal tickets contain- ing the names of candidates for ward or district officers, in addition to such direction to voters, shall have the number of the ward or district in which such ticket is to be voted printed thereon. All municipal tickets shall be printed upon paper of a different tint from that of the general ticket. On each ballot a perforated line shall extend from top to bottom, one half inch fi'om the right hand side of such ballot, and upon the half-inch strip thus formed there shall be no printing, ex- cept the number of the ballot, which shall be up- on the back of such strip, in such position that it shall appear on the outside when the ballot is folded. The number on each ballot shall be the same as tliat on the corresponding stub, and the ballots and stubs shall be numbered consecutive ly in each county. All ballots shall be eightei' J 241 Election Tickets aud Ballots. S HOT inches in length aud four and one half inches iu width, and as many times such width as shall be necessary to contain the names of all candidates nominated. "Where the names of candidates are printed in separate columns, such columns shall be separated by heavy rules; and on all ballots the names of candidates shall each be separated by a rule extending on the extreme right of the column. All ballots shall be printed in plain Ro- man type, and shall contain the name of every candidate whose nomination for any office speci- fied in the ballot has been certitied to and filed ac- cording to the provisions of this Code, and no oth- er name; and there shall be added to all the names of candidates for each office their party or political designation. Tlie names of the candidates for each office shall be arranged, under the designation of the office, in ali)]iabetical order, according to surname, except that the names of candidates for the office of elector for president and vice- president shall be arranged in groups as present- ed in the several certificates of nomination, and there shall be printed at the head of each group of electors so nominated the political or party des- ignation or principle represented by the said elec- tors, as "Republican Electors." or the like, in great primer title type, or its equivalent. There shall be left at the end of the list of candidates for each office as many blank spaces as there are per- sons to be elected to such office, in which the vot- er may insert the name of any person, not printed upon the ballot, for wliom he desires to vote as* candidate for such office: and the names and blank spaces on the whole ticket shall be consecu- tively numbered, the figures being placed on the left-hand side of such names and blank spaces. There shall be a margin on the right hand side of the names, at least one-half of an inch wide, so that the voter may clearly indicate, in the way to be hereinafter pointed out. the candidate and can- didates for whom he wishes to cast his Ivallot; the county, city, or town in which each candidate resides may be i)rinted in small type on the riglit- hand side of his name. Whenever any question is to be submitted to the vote of the people, it shall also be printed upon the ballot in such a ninnner as to cMiable the electors to vote upon Pol. Code- 21. §§ liyS-12m Election Tickets and Ballots. 242 such question in the manner hereinafter provided. [Amendment approved March 23. 1S93; Stats. 1893, p. 305: in effect immediately.] Voting straight tickets. — This section as it orig- inally was passed in 1S91 iStats. 1891. p. 170) pro- vided for the voting of straight tickets. Freedom from mark or device: See sec. 1191. subd. 7: also sees. 1206, 1207. § 1198. AU baUots, when printed, shaU be botmd in stub-books of one hundred ballots each. A record of the number of ballots printed by them shall be kept by the respective county clerks, and by the clerk or secretary of the legis lative body of each incorporated city or town. [Amendment approved March 20. 1891; Stats. 1891, p. 172; in effect July 1, 1891.] § 1199. The county clerk of each county shall provide for each election precinct in the county, not less than one hundred general tickets for ev- ery fiftj- or fraction of fifty electors registered in the election precinct: and in case of a cbnsoUd- ated city and county, an eqtial number of munic- ipal tickets, when any city and cotinty officers are to be elected; and the clerk or secretary of the leg- islative body of any incorporated city or town shall furnish a like ntimber of municipal tick- ets when any city or town officer is to be elected: and upon the day of an election, imme- diately upon the arrival of the hour when th^' polls are required bj- law to be closed, the coun- ty clerk in each county shall openly, in his main office, in the presence of as many persons as may there assemble to observe his act. proceed to de- stroy every unused ballot which shaU have re- maiued in his possession, custody, or control, ami forthwith make and file his affidavit, in writing. as to the number of l)allors so destroved. [Amend- ment approved :Nrarch 28, 189r»: Stats. 1895. p. 304. In effect March 28. 1895.] § 1200. Wlienever it shall appear by affidavit that an error or omission has occtirred in the pub- lication of the name or description of the candi- dates nominated for office, or in the printing of the ballots, the superior court of the county, or 243 Electiou Tickets ami Ballots. § 12U1 the judge thereof, shall, upon application by any elector, by order, require the county clerk to cor- rect such error, or to shoAv cause why such error should not be corrected. [Amendment approved March 20, 1891; Stats. 1S91, p. 172. In effect July 1, 1891.] § 1201. Before the opening of the polls at any election within any county, the county clerk of the county shall cause to be delivered to the boards of election of each election precinct which is within the county, and in which the election is to be held, at the polling-place of the election precinct, the proper number of general tickets of the kind to be used in the election precinct, in sealed packages, with marks on the outside clear- ly designating the precinct or polling place for which they are intended, ancL the number of ballots inclosed, and in case of a consolidated city and county, also a lilce number of municipal tickets; and the clerk or seci'etary of any incorporated city or town shall in like manner cause to be de- livered the proper niimber of municipal tickets. The county clerk, clerk, or secretary shall prepare a receipt for each polling-place, enumerating the packages, and stating the time and day and date when the same were delivered by him to the in- spectors of election. The inspectors of election shall sign said receipt upon receipt of the pack- ages, which shall forthwith be returned and filed. The county clerk, clerk, and secretary, respect- ively, shall have authority to employ such mes- sengers as may be necessary to insure the safe and expeditious delivery of the ballots to the in- spectors or judges of election, as provided in this Code, and the board of supervisors, or other board or body having the control of elections, shall allow such messengers a reasonable com- pensation for their services, to be paid as other election expenses are paid. In case of the pre- vention of an election in any precinct by the loss or the destruction of the ballots intended for that precinct, the inspector, or other election officer for that precinct, shall make an affidavit setting forth the fact, swear to the same before an officer authorized to administer oaths, and transmit it to the governor of the State. Upon receipt of S§ 1202, 1203 Election Tickets and Ballots. 244 such affidavit, the governor may order a new election in such precinct, and upon the applica- tion of any candidate for any office to be voted for by tlie electors of such precinct, the governor shall order a new election in such precinct. [Amendment approved March 20. 1891; Stats. 1891, p. 172. In effect July 1, 1891.] § 1202. At the same time and in the same manner as inspectors and judges of election are now appointed in this State, two ballot clerlis for each' election precinct in the State shall be ap- pointed, whose duty it shall be to have charge of the ballots on the day of election, and to fur- ni.sh them to the voters in the manner herein- after provided. Such ballot clerlvS shall be elec- tors of the precinct from which they are appoint- ed, and shall be paid the same compensation as inspectors of election. In making appointments of such ballot clerics, one of them shall be taken from the political party that polled the largest number of votes at the last preceding general election, and the other from the party that polled the next largest number of votes at such general election. They shall act as additional clerks of election when the polls are closed, and they shall serve until the votes are counted and the returns are signed; provided, that whenever a general and a municipal election shall be held at the same time, there shall be appointed one addi- tional inspector, one additional judge, and two ad- ditional clex'ks in the manner now provided by law. [Amendment approved March 23. 1893: Stats. 1893, p. 303. In effect immediately.] This section was also amended in 1891: Stats. 1891, p. 173. § 1203. All officers upon whom is imposed by law of the State the duty of designating polling places, shall cause such polling places to Ibe suita- bly provided with a ballot-box. to be marked on the outside "General Tickets," and when any city, city and county, or town officers are to be elected, a second ballot-box. to be marked on the outside "Municipal Tickets": and shall also pro- vide a sufficient number of places, booths, or com- J 245 Election Tickets and Ballots. § 1204 partments. at or in which voters may convenient- ly mark their ballots, so that In the mai'king thereof they may be screened from the obsei*va- tion of others: and a guard-rail shall be so con- structed and placed that only such persons as are inside said rail can approach within six feet of the ballot-boxes, and of such booths or compart- ments. The arrangements shall be such that neither the ballot-boxes nor the box booths or compartments shall be hidden from the view of those just outside the said guard-rail. The nvim- ber of such voting booths or compartments shall not be less than one for every forty electors qual- ified to vote in the precinct. No person other than electors engaged in receiving, preparing, or depositing their ballots shall be permitted to be within said rail before the closing of the polls, ex- cept by authority of the board of election, and then only for the purpose" of keeping order and enforcing the law. Each of said voting booths or compartments shall be kept provided with proper supplies and conveniences for marking the bal- lots. And the election ofticers shall especially see that the stamps and ink-pads required are at all times in such booths and in condition for proper use; and all officers upon wliom is imposed by the law the duty of designating polling places, shall supply each polling place with several stamps and several ink-pads for each booth, and such stamps shall be so made that a cross (X) may be made with either end of such stamp, and the same must be so constructed that the portion with which such cross (X) is to be made shall not be fastened on by any glue or like substance which may loosen when wet, but the said stamp shall be one solid piece. [Amendment approved March 28, 1895; Stats. 1895. p. 305. In effect March 28, 1895.] This section was also amended in 1891: Stats. 1891, p. 173. § 1204. Any person desiring to vote shall give his name and address to one of the ballot clerks, who shall then, in an audible tone of voice, an- nounce the same, and if the other ballot clerk finds the name on the register, he shall in like manner repeat the name and address, whereup- § 1205 Election Tickets and BaUots. 24t; on a challenge may be interposed, as provided in section one tliousand two liundred and thirty of this Code. If the challenge be overruled, the bal- lot clerli shall give him a ticket, and the clerk shall write on the register, opposite the name of the voter, the number of the general ticket given him, and also the number of the municipal ticket given him, when any city, city and county, or town otficer is to be elected; and the voter shall be allowed to enter the place inclosed by the guard-i-ail, as above provided. The ballot clerk shall give him but one general ticket, and where any city, citj' and county, or town officers are to be elected, also one municipal ticket, and only one ballot of each kind; and in order to prevent vot- ers from marking their ballots with a pencil, or otherwise contrary to law. it shall be the duty of a ballot clerk, whenever he shall deliver a ballot to any voter, to then orally distinctly state to him, so that it may be heard by the bystanders, that he must mark the ballot with the stamp provided by law, or it will not be counted. [Amendment ap- proved March 28. 1895; Stats. 1895, p. 305. In ef- fect March 28, 1895.] § 1205. On receipt of his ballot, the elector shall forthwith, and without leaving the inclosed space, retire alone to one of the places, booths, or compartments provided, to prepare his ballot. He shall prepare his ballot by marking a cross after the name of the person or persons for whom he intends to vote, tlius (X); and in case a con- stitutional amendment or other question submit- ted to the vote of the people, by marking in the appropriate marpin a cross (X) against the an- swer Avhich he desires to give. Such marking shall be done only witli a stamp, which, with nec- essary pads and inlv. sliall be provided by the of- ficers who are by tliis Code required to furnisli election supplies, for each bootli or compartment provided, for tlie marking and preparation of bal- lots. Before leaving sucli booth or compartment, the elector shall fold liis l)allot in such a manner tliat the number of the ballot shall appear on the outside thereof, without displaying the marks on the face thereof, and shall keep it folded until he has voted. Ilavinc folded his ballot, the voter 247 Election Tickets and Ballots. §§ 120G, 1207 • shall deliver it folded to the inspector, who shall announce in an audible tone of voice the name of the voter and the number of his ballot. The bal- lot clerli having the register in charge, if he finds the number to correspond with the number mark- ed opposite the voter's name on the register, shall, in like manner, repeat the name and number, and shall mark opposite the name the word "voted." Tlie inspector shall then separate the slip contain- ing the number from the ballot, and shall deposit the ballot in the box. The numbers of all ballots voted shall be immediately destroyed. [Amend- ment approved March 23, 1893; Stats. 1893, p. 306. In effect immediately.] § 1206. Not more than one person shall be permitted to occupy any one booth at one time, and no person shall remain "in or occupy a booth longer than necessary to prepare his ballot, and in no event longer than ten minutes. [Amend- ment approved March 20, 1891; Stats. 1891, p. 175. In effect July 1, 1891.] See sees. 1191, 1199. § 1207. Any voter who shall spoil a ballot shall return such spoiled ballot to the ballot clerk and receive another one in its place, one at a time, not to exceed three in all. All the ballots thus re- turned shall be immediately canceled, and, with tliose not distributed to the voters, shall be re- turned with the registered list and ballots, as now provided in sections one thousand two hundred and sixty-three and onetliousand two hundred and six- ty-four of this Code. Every elector wlio does not vote the ballot delivered to him, shall, before leav- ing the polling place, return such ballot to the bal- lot clerks having cliarge of the ballots, who shall immediately cancel- the same and return them in the same manner as spoiled ballots. The ballot clerks sliall account for the ballots delivered to tliem by returning a sufficient number of unused ballots to make up when added to the number of official ballots cast and the number of spoiled ballots returned, tlie number of ballots given to them, and it shall be the duty of the officers re- ceiving such returned ballots to compel such an § 1208 Electiou Tickets and Ballots. 248 accounting: and immediately upon the closing of the polls, and before any ballot shall be talien from the ballot-bcxes, or either thereof, the bal- lot clerks must, in the presence of all persons in the room who may desire to observe the same, proceed to deface every unused or spoiled ballot, by drawing across the face thereof, in writing ink, with a pen, two lines which shall cross each other, and said ballot clerks shall thereupon im- mediately, and before any ballots be taken from the ballot-box. or either thereof, place all said bal- lots thus defaced within an envelope and seal said envelope, and thereupon a majority of the election otficers shall immediately write their names across the sealed portion of said envelope. [Amendment approved March 28. 1895; Stats. 1895, p. 306. In effect March 28, 1895.] § 1208. When it appears from the register that any elector has declared under oath, when he registered, that he cannot read, or that by rea- son of physical disability he is unable to mark his ballot, he shall, upon request, receive the as- sistance of two of the otficers of election, of dif- ferent political parties, in the marking thereof, to be chosen as follows: One by the inspector then receiving the ballots, and the other by the judge of the opposite political party which at tlie last election cast the highest niimber of votes throughout the State, and in the event there are more judges than one of said party, then by the one of said judges who shall be named by said inspector. Neither of the persons appointed shall be of the same political party with the person ap- pointing, nor shall either of said persons so mak- ing said appointments appoint the other for said purposes. Such officers shall thereafter give no information regarding the marking of said bal- lot. The otficers making such appointments shall make the same in writing, and sign the same, and upon the same paper the persons so appointed shall subscribe and take the following oath be- fore assisting such elector: State of California, county of , Assembly district number . precinct, ss. and , being duly sworn, each for him- self, says that lie is one of the officers of election 249 Election Tickets and Ballots. §§ 1209, 1210 appointed to assist (here insert the name of the elector) in marlcing his ballot, and that he will not give any information, now or hereafter, re- garding the same. Subscribed and sworn to before me, this day of '■ , A. D. 18—. . Said affidavits may be sworn to before any offi- cer of election competent to admiui.ster an oath, and the same, with the indorsements thereon, shall be returned to the county clerk, as provided in section one thousand two hundred and sixty- one of this Code. Lists of the voters who have been assisted in marking their ballots shall be kept by the clerks keeping the poll lists, and shall be returned and preserved, as the poll lists are returned and pre- served. As amended March twenty-third, eight- een hundred and ninety-three. [Amendment ap- proved March 28, 1895; Stats. 1895, p. 306. In ef- fect March 28, 1895.] See sec. 1191. § 1209. No member of the board of election shall deposit in the ballot-box any ballot from which the slip containing the number of the bal- lot has not been removed by the iuspectoi-. [Amendment approved March 20, 1891; Stats. 1891, p. 175. In effect July 1, 1891.] § 1210. The county clerk of each county, or in case of separate city or town elections, the clerk or secretary of the legislative body of such city or town, shall cause to be printed on plain white paper, without water-mark or indorsements (ex- cept the words "Sample Ballot"), at least as many copies of the form of ballot provided for use in each voting precinct as there shall be reg- istered voters in sueli precinct. Such copy shall be designated "Sample Ballots," and shall be fur- nished to registered voters at the office of such clerk or secretary five days before the day fixed by law for such election, and at any time "during such five days; provided, that not more than one sample ballot shall be furnislied to any one vot- er. Such clerk of secretary shall cause to be printed, in large, clear type, on cards, instructions S§ 1211-1213 Election Tickets and Ballots. 250 for the guidance of electors in obtaining and mark- ing their ballots. He shall furnish twelve such cards to the board of election in each election pre- cinct in his county, at the same time and in the same manner as the printed ballots and sample ballots. The board of election shall post at least one of such cards in each booth or compartment provided for the preparation of ballots, and not less than three of such cards at other places in and about the polling-places, on the day of elec- tion. Sections twelve hundred and fourteen and twelve hundred and fifteen of this Code, and sec- tion sixty-one of the Penal Code shall also be printed on each of said cards. [Amendment ap- proved March 20, 1891; Stats. 1891, p. 175. In ef- fect .July 1, 1S91.] § 1211. In canvassing the votes, any ballot which is not made as provided in this act shall be void, and shall not be counted; but each such ballot must be preserved and returnetl with the other ballots. Any name Avritten upon a ballot shall be counted for the office under which it is wi'itteu, whether or not a cross is marked after it. If a voter marks more names than there are per- sons to be elected to an office, or if for any rea- son it is impossible to determine the voter's choice for any office to be filled, his ballot shall not be counted for such office. [Amendment approved March 20, 1891; Stats. 1891, p. 176. In effect July 1, 1891.] § 1212. Any person entitled to vote at a gen- eral election held within this State shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for the period of two consecutive hours. betAveen the time of opening and the time of closing the polls; and such voter shall not. because of so absenting himself, be lia- ble to any penalty, nor shall any deduction be made on account of such absence from his usual salarv or wages. [Amendment approved March 20. 1891; Stats. 1891, p. 170. In effect July 1, 1891.] § 1213. No person shall falsely make or fraud- ulently deface or destroy any certificate of nom- 251 Election Tickets and Ballots. §§ 1214, 1215 iuation, or any part thereof, or file any certificate of nomination, linowing the same, or any part thereof, to be falsely made, or suppress any certi- ficate of nomination which has been duly filed, or any part thereof, or to malve, use, keep, or fur- nish to others, except as in this code so directed, any paper water-mark in imitation of ballot pa- per, or disclose the same to any person not en- gaged in making, printing, or distributing of bal- lot paper or ballots. [New section added March 20, 1891; Stats. 1891, p. 178. In effect July 1, 1891.] § 1214. No person shall, during an election, re- move or destroy any of the supplies or other con- veniences placed in the voting-booths or com- partments, as provided in this Code, for the pur- pose of enabling the voter- to prepare his ballot. No person shall, during an election, remove, tear down, or deface the cards printed for the instruc- tion of voters. [New section added March 20, 1891; Stats. 1891, p. 178. In effect July 1, 1891.] § 1215. No officer of election shall disclose to any person the name of any candidate for whom any elector has voted. No olficer of election, nor any person, shall do any electioneering on elec- tion day within one hundred feet of any polling- place. No person sliall remove any ballot from any polling-place before the closing of the poll. No person shall apply for or receive any ballot at any election precinct other than tliat in which he is entitled to vote. No person shall show his bal- lot after it is marked to any person in such a Avay as to reveal tlie contents thereof, or the name or names of the candidate or candidates for whom he lias marked his ballot; nor shall any person, except a member of the board of elec- ■ tion, receive from any voter a ballot prepared by such voter, or examine such ballot, or solicit the voter to show the same. No person shall ask an- otlier at a polling-place for whom he intends to vote. No voter shall receive a ballot from any other person than one of the ballot clerks; nor shall any other person than a ballot clerk deliver a ballot to such voter. No voter shall deliver to the board of election, or to any member thereof. § 121G Election Tickets and Ballots. 27^2 any ballot other than the one he has received from the ballot clerk. No voter shall place any mark upon his ballot by which it may be after- ward identified as the one voted by him. No per- son shall solicit a vote or speak to a voter on the subject of marking his ticket within one hundred feet of the polling place. [New sec- tion added March 20, 1891; Stats. 1891, p. ITS. In effect July 1, 1891.] § 1216. In all coimties and cities and counties in this State having a registrar of voters and a board of election commissioners, the powers con- ferred and the duties imposed by this Code upon the county clerics and other officers, in relation to matters of election and polling places, shall be ex- ercised and performed by such registrar of voters and board of election commissioners, and all cer- tificates of nomination required by this Code to be made to county clerks shall be made to the registrar of voters. [New section added March 20, 1891: Stats. 1891, p. 178. In effect July 1, 1891.] 253 Voting and Challenges, §8 1224. 1225 CHAPTER IX. VOTING AND CHALLENGES: § 1224. Voting, when to commence and continue. § 1225. Manner of voting. § 1226. Announcement of voter's name, etc. § 1227. Putting ballot in box. § 1228. Record that person has voted, how kept. § 1229. Same. § 1230. Grounds of challenge. § 1231. Proceedings on challenge for want of identity. ? 1232. Same, on challenge for nonresidence in State. § 1233. Same, on challenge for nonresidence in precinct. § 1234. Same, on challenge for having before voted. § 1235. Same, for conviction of crime or defalcation. § 1236. Challenges, how determined. § 1237. Same. § 1238. If person refuses to be sworn, vote to be rejected. § 1239. Rules for the determination of questions of resi- dence. § 1240. Term of residence, how computed. § 1241. Rules must be read, if requested. § 1242. Proceedings upon determination of challenge. § 1243. List of challenges to be kept. § 1224.. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain open. § 1225. The person offering to vote must hand his ballot to the inspector, or to one of the judges acting as inspector, and announce his name and the number affixed to it on the register in use at the precinct where he offers his vote; provided, that in incorporated cities and towns the said person shall also give the name of the street, ave- nue, or location of his residence, and the number thereof, if it be numbered, or such clear and defi- nite description of the place of such residence as shall definitely fix the same. fAmendment ap- proved March .30, 1878; Amendments 1877-8, p. 26. In effect in sixty das^s. See note to sec. 1227.] Announce his number— not required at special elections: See sec. 5 of Act in Stats. 1878, p. 78. Register in use — printed copies to be posted: Sec. 1149; copies not to be torn or defaced: Sec. 1150. Pol. Code— 22. §§ 1226, 1227 Voting and Challenges. 254 Register number: See sec. 1149, ante. Election and registration law for San Francis- co: See act creating board of election commis- sioners, etc., Stats. 1878, p. 299. § 1226. The inspector, or judge acting as such, must receive the ballot, and before depositing it in the ballot-box must, in an audible tone of voice, announce the name and register number; pro- vided, that in incoi*porated towns and cities the said inspector, or judge acting as such, shall also announce the residence of the person voting, and the same shall be recorded on the poU list by the poll clerlj. [Amendment approved March 30. 1878; Amendments 1877-8, p. 26. In effect in six- ty days. See note to sec. 1227.] Amendment 1878 — not to affect local law for San Francisco, described in note to see. 1225. § 1227. If the name be found on the register in use at the precinct where the vote is offered, and the vote is not rejected upon a challenge talien, the inspector, or judge acting as such, must, in the presence of the board of election, place the ballot, without opening or examining the same, in the ballot-box; and no person shall be allowed to vote whose name is not on said reg- ister in use at the precinct. [Amendment ap- proved March 30, 1878; Amendments 1877-8, p. 26. In effect in sixty days.] [Note.— The act of March 30, 1878, amends sec- tions 1225, 1226, 1227, 1228, 1094, and 1113, and adds: Before tlae fifth day of August, in each year in which there shall be a general or Presi- dential election, each county clerk must make a copy of the uncanceled entries existing on the Great liegister on the preceding first day of Au- gust. The Board of Supervisors of any county may, by order, i^rovide for the preparation and distribution of township or precinct registers for each township, instead of copies of the Great Register. For the purposes of registration and preparation of a new Great Register, or of town- ship or precinct registers aud copies thereof, if ordered by the Board of Supervisors, the Coun- ty Clerk must employ such assistants, and for 255 \'otiiig and Challenges. §§ 1228-1230 such times, and at such compensation, as shall, from time to time, be authorized by said Board, which shall be paid out of the County Treasury. Such order may be repealed and re-enacted as of- ten as the Board of Supervisors may deem expe- dient. But for later enactment, see sec. 1113.] The act containing the last above three amend- ments provided that nothing therein contained should be construed to repeal any special election or registration law applicable to the city and county of San Francisco alone, but should be con- strued as if it had been passed prior thereto. See ante, sec. 1117, and statutes following; and sec. 1191, and statute. Challenge: See sees. 1230 et seq. § 1228. When the ballot- has been placed in the box, one of the judges must write the word "Voted" opposite the number of the person on the printed copy of the register. [Amendment approved April 16, 1880; Amendments 1880, p. 80. In effect April 10, 1880.] Printed copy of register: Sec. 1115. Write the word "Voted" — letter "V" may be substituted at special elections: See sec. 3 of Act in Stats. 1878, p. 73. In reference to record of voting in cases of spe- cial elections: See ante, see. 1117. § 1229. Each Clerk must keep a list of persons voting, and the name of eacli person who votes must be entered thereon and numbered in the or- der of voting. Official entry as prima facie evidence of facts stated therein: Code Civ. Proc, sec. 1926. § 1230. A person offering to vote may be oral- ly challenged by any elector of the county upon either or all of the following grounds: 1. Tliat he is not the person whose name ap- pears on the register. 2. That he has not resided within the State one j'ear next preceding the election. 3. That he has not been a naturalized citizen §§ 1231, 1232 Voting- and Challenges. 256 of the United States for ninety days prior to the election. 4. That he has not resided within the county for ninety days preceding the election. 5. That he has not resided within the precinct for thirty days next preceding the election. 6. That he has before voted that day. 7. That he has been convicted of an infamous crime. 8. That he has been convicted of the embez- zlement or misappropriation of public money. [Amendment approved April 16, 1880; Amend- ments 1880, p. 80. In effect April 16, 1880.] Section conforms to requirements of section 1083, as amended 1880. List of challenges to be kept: Sec. 1243. Subd. 1. Identitv: See. sees. 1231, 1236, subd. 1, 1237. Subd. 2. One year's residence in State: See sees. 1232, 1237. Residence for voting purposes, rules for determining place of: Sec. 1239. Subd. 3. Naturalization for ninety days: See sec. 1083 and notes; also see sec. 1237. Subd. 4. Ninetv days' residence in county: See sees. 1083, 1233, 1237, 1239. Subd. 6. Previous voting: See sees. 1234, 1236, subd. 2. Subd. 7. Conviction for infamous crime: See sees. 1084, 1235, 3237. Subd. 8. Conviction for embezzlement, etc.: See sees. 1084, 1235, 1237. § 1231. If the challenge is on the ground that he is not the person whose name appears on the Great Register, the Inspector must tender him the following oath: "You do swear [or affirm] that you are the person whose name is entered on the Great Reg- ister." Taking the oath tendered determines challenge in favor of party challenged: Sec. 1236, subd. 1. Necessity of: Sec. 1237. Refusal bars vote: Sec. 1288. See also Penal Code, sec. 43. § 1232. If the challenge is on the ground that he has not resided in the State for one year next preceding the election, the person challenged 257 Voting and Challenges. § 123o must be sworn to answer questions, and after he is sworn the following questions must be pro- pounded to him by the Inspector: 1. Have you resided in this State for one year immediately preceding this election? 2. Have you been absent from this State with- in one year immediately preceding this election? If yes, then, 3. When you left did you leave for a temporary purpose, with the design of returning, or for the purpose of remaining away? 4. Did you, while absent, regard this State as your home? 5. Did you, while absent, vote in any other State? And such other questions as may be necessary to a determination of the challenge. [Amend- ment approved April 16, 1880; Amendments 1880, p. 81. In effect April 16, 1880.] Before administering oath— rules may be read: Sec. 1241. Refusal to be sworn or to answer questions is misdemeanor: Penal Code, sec. 43; and bars vote: Sec. 1238 of this Code. Place of residence of elector, rules for determin- ing: Sec. 1239. Challenge tried and determined by Board of Election at time of challenge: Sec. 1237; proceed- ings after: Sec. 1242. § 1233. If the challenge is on the ground that he has not resided in the county for ninety days, or precinct for thirty days next preceding the election, the person challenged must be sworn to answer questions, and after he is sworn, the fol- lowing questions must be propounded to him by the Inspector: 1. When did you last come into this county or election precinct? 2. When you came into this county or precinct, did you come for a temporary purpose, merely, or for the purpose of making it your home? 3. Did you come into this county or precinct for tlie purpose of voting here? And such otlier questions as may be necessary to a determination of the challenge. [Amend- ment approved April 16. 1880; Amendments 1880, p. 81. In effect April 16, 1880.] §§ 1234-1239 Voting and Challenges. 258 § 1234. If the challenge is on the ground that the person challenged has before voted that day, the Inspector must tender to the person challeng- ed this oath: "You do swear [or affirm] that you have not before voted this day." Taking the oath tendered— defeats challenge: Sec. 1236, subd. 2. Kefusal bars vote: Sec. 123S. Voting twice, or oftener, is felony: Penal Code, sec. 45; attempt is misdemeanor: Penal Code, sec. 4tj. § 1235. If the challenge is on the ground that the person challenged has been convicted of an infamous crime, or that he has been convicted of the embezzlement or misappropriation of pub- lic money, he must not be questioned, but the fact may be proved by the production of an au- thenticated copy of the record, or by the oral tes- timony of two witnesses. [Amendment approved April Hi, 1880; Amendments 1880, p. 81. In ef- fect April 10, 1880.] § 1236. Challenges upon the grounds either: 1. That the person challenged is not the person whose name appears on the Great Register; 2. That the party has before voted on that day, are determined in favor of the party chal- lenged by his taliing the oath tendered. § 1237. If the challenge is on the ground that the person challenged is not the person whose name appears on the Great Registei', he must talie the oath tendered by the Board. Challenges for causes other than those specified in the pre- ceding section must be tried and determined by the Board of Election at the time of the challenge. [Amendment approved April 16. 1880; Amend- ments 1880, p. 81. In effect April 16, 1880.] § 1238. If any pei-son challenged refuses to talie the oaths tendered, or refuses to be sworn and to answer the questions touching the matter of residence, he must not be allowed to vote. Refusal to be sworn or to answer questions is misdemeanor: Penal Code, sec. 43. § 1239. The Board of Election, in determining 259 Voting and Challenges. § 1239 the place of residence of any person, must be gov- erned by the following rules, as far as they are applicable: 1. That place must be considered and held to be the residence of a person in which his hab- itation is fixed, and to which, whenever he is ab- sent, he has the intention of returning; 2. A person must not be held to have gained or lost residence by reason of his presence or ab- sence from a place while employed iii the service of the United States, or of this State, nor while engaged in navigation, nor while a student at any institution of learning, nor while kept in an alms- house, asylum, or prison; 3. A person must not be considered to have lost his residence who leaves his home to go into another State, or precinct in this State, for tem- porary purposes merely, with the intention of re- turning; 4. A person must not be considered to have gained a residence in any precinct into which he comes for temporary purposes merely, without the intention of malving such precinct his home; 5. If a person remove to another State with the intention of mailing it his residence, he loses his residence in this State; 6. If a person remove to another State with the intention of remaining there for an indefinite time, and as a place of present residence, he loses his residence in this State, notwithstanding he entertains an intention of returning at some fu- ture period; 7. The place where a man's family resides must be held to be liis residence; but if it be a place for temporary establishment for his family, or for transient objects, it is otherwise; 8. If a man have a family fixed in one place, and he does business in another, tlie former must be considered his place of residence; but any man having a family, and who has taken up his abode with the intention of remaining, and whose fam- ily does not so reside with him, must be regarded as a resident where he has so taken up his abode; 9. The mere intention to acquire a new resi- dence, without the fact of removal, avails noth- ing; neither does tlie fact of removal, without the intention. [Amendment approved March 27, §§ 1240-1243 Voting and Challenges. 260 1897; Amendments 1897, cb. cxxxi. In effect im- mediately.] Questions as to residence: Sees. 1232, 1233. Compare with this section— rules for determin- ing place of residence generally: Sec. 52. Term of residence, how computed: Sec. 1240. Subd. 2. Constitutional basis: See Const. Cal., art. 2, sec. 4. § 1240. The term of residence must be com- puted by including the day on which the person's residence commenced, and by excluding the day of the election. § 1241. Before administering an oath to a per- son touching his place of residence, the Inspector must, if requested by any person, read to the person challenged the rules prescribed by sec- tions 1238 and 1239. Oath touching place of residence: Sees. 1232, 1233. § 1242. If the challenge is determined against the person offering to vote, the ballot oft'ered must, without examination, be returned to him; if determined in his favor, the ballot must be de- posited in the ballot-liox. § 1243. The Board must cause one of the Clerlis to lieep a list, showing: 1. The names of all persons challenged; 2. The grounds of such challenges; 3. The determination of the Board upon the challenge. 2(il Returning the Vote. §§ 1252,1253 CHAPTER X. CANVASSING AND RETURNING THE VOTE. ii 1252. Canvass to be public and without adjournment. S 12i)3. Canvass, how commenced. § 1254. Ballots must be made to agree with names on the . list. § 1255. Same. § 1256. Same. S 1257. Counting the votes. § 12.58. Tallies. § 1259. Tickets to be strung and inclosed in sealed envel- opes. § 1260. Return list. § 12G1. Certain papers to be sealed up. § 1262. Inspector to keep certain- papers. § 1263. Returns and ballots to be delivered to a member of the Board. S 1264. Must be delivered to County Clerk. § 1265. Clerk to keep ballots unopened. § 1266. When package containing ballots may be destroy- ed; when opened. § 1267. Returns to be delivered by Clerk to Supervisors. § 1238. Copy of Register to be filed in County Clerk's office. § 1252. As soon as the polls are finally closed the judges must immediately proceed to canvass the votes given at such election. The canvass must be public, in the presence of bystanders, and must be continued without ad.iournment un- til completed and the result thereof is declared. § 1253. The canvass must be commenced by taking out of the box the ballots unopened (ex- cept so far as to ascertain whether each ballot is single), and counting the same to ascertain whether the number of ballots corresponds with the number of names on the list of voters kept by the clerks. In the city and county of San Fran- cisco, at the closing of the polls, the Inspector must administer to the additional members of the Board of Canvassers the oath prescribed in section one thousand one hundred and forty-eight, and likewise to two clerks appointed by such ad- ditional members. He must then proceed to take out of the box the ballots, unopened, one at a §§ 1254-125(; Eetnriiiu,2; the Vote. 262 time, numbering them on the backs in numerical order, commencing with number one, and writ- ing with ink the initials of his own name upon the back of each ballot as taken out. He shall pass each ballot, as soon as thus indorsed, to the additional Inspector, who must, in like manner, write thereon the initials of his own name, so that each ballot can be subsequently identified by either or both such Inspectors. [Amendment ap- proved March 30, 1874; Amendments 1873-4, .p. 28. In effect July 6, 1874.] List of voters: Sec. 1229. § 1254. If two or more separate ballots are found so folded together as to present the appear- ance of a single ballot, they must be laid aside until the count of the ballots is completed, then, if upon comparison of the count Avith the number of names of electors on the list which have been kept by the clerks, it appears that the two ballots thus folded together were cast by one elector, they must be rejected. [Amendment approved March 30, 1874; Amendments 1873-4, p. 29. In ef- fect July 6, 1874.] § 1255. The ballots must be immediately re- placed in the box, and if the ballots in the box exceed in number the names on the lists, one of the judges must publicly, and without looking in the box,^ draw out therefrom singly, and destroy, unopened, a number of ballots equal to such ex- cess; and the Board of Election must make a rec- ord, upon the poll list, of the number of ballots so drawn and destroyed. In the city and county of San Francisco the numbers appearing on the backs of the ballots so drawn must likewise be recorded. [Amendment approved March 30. 1874; Amendments 1873-4, p. 29. In effect July 6, 1874.] § 1256. The number of ballots agreeing or be- ing thus made to agree with the number of names on the lists, the lists must be signed by the members of the board and attested by the clerks, and the number of names thereon must be set down in words and figures at the foot of each list, and over the signatures of the judges and the attestation of the clerks, substantially in the form prescribed in section 1174. 203 Returning the Vote. §§ 1257-1259 § 1257. After the lists are thus signed, the board must proceed to open the ballots, and count and ascertain the number of votes cast for each person voted for. At all elections where a general ticket and a municipal ticket are used, the canvass of the general ticket shall be com- pleted before the canvass of the municipal ticket is commenced. All the ballots must be taken out of the ballot-box, one at a time, and opened by one of the members of the board, and so taken out by one of the board, and the name of each person marked in the ballots as voted for shall be distinctly read in connection with the office for which he is a candidate. After the ballots have been so counted, and an official record, as hereinbefore mentioned, made, immediately there- after all the ballots, when read, must be, by one of the judges, strung upon a- string. All ballots re- jected for illegality must be indorsed upon the ballot the causae of such rejection, and signed by a majority of the election board, and thereafter strung upon a string. [Amendment approved March 23, 1893; Stats. 1893, p. 308. In effect im- mediately.] This section was also amended at the session of 1891: Stats. 1891, p. 17G. § 1258. Each clerk must write down each of- fice to be filled, and the name of each person marked in each ballot as voted for to fill such of- fice, and keep the number of votes by tallies, as they are read aloud. Such tallies must be made with pen and ink, and immediately upon the com- pletion of the tallies the clerks who respectively complete the same must draw two heavy lines in ink from the last tally mark to the end of the line in which such tallies terminate, and also write the initials of the person making the last tally in such line. [Amendment approved March 28, 1895; Stats. 1895, p. 307. In effect March 28, 1895.] § 1259. The ballot, as soon as the names mark- ed on it as voted for are read, must be strung on a string by one of the judges, and must not there- after be examined by any person, but must, as soon as all are counted, be carefully sealed in a strong envelope, each member of the board writ- ing his name across the seal. [Amendment ap- §§ 1260-1264 Returning the Vote. 264 proved March 20, 1891; Stats. 1891. p. 177. In ef- fect July 1, 1891.] § 1260. As soon as all the votes are counted and the tickets sealed up, lists must be attached to the tally lists, containing the names of persons voted for and for what office, and the number of votes given for each candidate, the number being written at full length, and such lists must be sign- ed by the members of the board, and attested by the clerks, substantially in the form in section 1174 given. § 1261. The board must, before it adjourns, in- close in a cover, and seal up and direct to the County Clerk, the copy of the register upon which one of the judges marked the word "Vot- ed" as the ballots were received, all certificates of registration received by it, one of the lists of the persons challenged, one copy of the list of voters, and one of the tally lists and lists attached thereto. [Amendment approved March 30. 1S74: Amendments 1873-4, p. 29; in effect July 6, 1874.] § 1262. The Inspector must retain, open to the inspection of all electors, for at least six months, the other list of voters, tally list, and list attached thereto. [Amendment approved March 30, 1874: Amendments 1873-4, p. 30; in effect July 6. 1874.] § 1263. The se.Tled packages containing the register, lists, papers, and ballots, must, before the Board adjourns, be delivered to one of its number, to be determined by lot. unless otherwise agreed upon. § 1264. The member to whom such packages are delivered must, without delay, deliver sucli packages, without their having been opened, to the county clerk, nearest postmaster, or sworn express agent, who shall indorse on such package the name of the p.nrty delivering them, and date of such de- livery. If delivered to a postmaster or express agent, such postmaster or express agent shall for- ward the paeka.ges by the first mail or express to the county seat. In the city and coun- ty of San Francisco such packages must lie delivered to the county clerk within tliree liours from the time of adjournment of the 265 Returning tbe Vote. § 1265 board, which time of adjournment must be indorsed upon such pacl^age and upon each poll list, in ink, and signed by a majority of the members of such board. In the city and county of San Francisco the packages must be put up and sealed in the following manner, by an inspector and at least three others of the board, and be signed with their respective signatures, across the same, written: One package to contain the ballots only; one package to contain one tally list and list attached, only; one package to con- tain the ward register and certiflcates of registra- tion issued by the county clerk after making up the ward register, and received at the polls. [Amendment approved March 2.3, 189.3; Stats. 1893, p. 308; in effect immediately.] § 1265. On receipt of the packages, the clerk must file the one containing ballots, and must keep it unopened and unaltered for twelve months, after which time, if there is not a contest commenced in some tribunal having jurisdiction about such elec- tion, he must burn the package without opening or examining its contents; provided, however, that after the time limited for a contest, and in the event any contests have been commenced, then, after said ballots have been opened and counted by the superior court in said contests, a jvidge of the superior court of the county wherein said bal- lots were voted may order said packages to be opened for inspection in any case being tried in his court, where he has jurisdiction of the same, whenever he shall deem it necessary to inspect the ballots contained in said packages in order to pro- duce testimony to establish the proof of any mate- rial issue of fact arising in the course of the trial of said case. In no event shall the said packages, or any of them, or the ballots contained therein, be taken from the custody of the county clerk. Whenever said packages, or any of them, shall have been inspected and examined, and a record made of the testimony therein contained, the same shall be restored to the exclusive control and cus- tody of the county clerk, who shall reseal the packages with the ballots contained therein, and keep the same until he shall burn them, in accord- ance Avith the directions of this section. [Amend- Pol. Code— 23. §§ 1266-1268 Returning the Vote. 266 ment approved March 23, 1893: Stats. 1893, p. 308. In effect immediately.] Contest: See Code Civ. Proc, sees. 1111-1127. Sealing and stringing ballots : See sec. 12.59, ante. § 1266. If within twelve months there is such a contest commenced, he must keep the pacliage unopened and unaltered until it is finally detei'- mined, when he must, as provided in the preced- ing section, destroy it. unless such package is, by virtue of an order of the tribunal in which the contest is pending. l>rought and opened befoi'e it, to the end that evidence may be had of its con- tents, in which event the package and contents are in the custody of such tribunal. § 1267. The other package the clerk must pro- duce before the board of supervisors, when it is in session for the purpose of canvassing returns. (See sees. 1278-1280.) § 1268. As soon as the returns are canvassed the clerk must take the copy of the register re- turned and file it in his office. 207 Canvass f)f Returns. §§ 1278-1281 CHAPTER XI. CANVASS OF RETURNS— DECLARATION OF RESULT— C05IMISSIONS AND CERTIFICATES OP ELECTION. § 1278. Meeting of Supervisors to canvass returns. § 1279. Same. 5 1280. Same. § 1281. Canvass, how made. § 1282. Statement of result to be entered of record. § 1283. Declaration of result. § 1284. Certificates issued by Cleric. § 1285. District returns, how made up. § 1286. How transmitted. § 1287. Duty of Clerks receiving district returns. § 1288. State returns, how made. § 1289. How transmitted. § 1290. Duty of Secretary of State relative to. § 1291. Commissions issued by Governor. § 1292. Returns of election for Governor and Lieutenant- Governor, how made. § 1293. How transmitted. § 129-1. Same. § 1295. Same. § 1296. Canvass of returns of election for Governor and Lieutenant-Governor. g 1297. Defects in form of returns, when to be disregarded. § 1278. The board of supervisors of each coun- ty must meet, at their usual place of meeting, on the first Monday after each election, to canvass the returns. [Approved March 15, 1887.] § 1279. Section twelve hundred and seventy- nine of said Code is hereby repealed. [Approved March 15, 1887.1 § 1280. If at the time of meeting, the returns from each precinct in the county in which polls were opened have been received, the board must then and there proceed to canvass the returns; but if all the returns have not been received the canvass must be postponed from day to day until all of the returns are received, or until six post- ponements have been had. § 1281. The canvass must be made in public, and by openinc the returns and estimating the §§ 1282-1285 Canvass of Returns. 268 vote of such county or township for each person voted for, and for and against each proposition voted upon at such election, and declaring the re- sult thereof. § 1282. The clerlv of the board must, as soon as the result is declared, enter on the records of such board a statement of such result, which statement must show: 1. The wliole number of votes cast in the coun- ty: 2. The names of the persons voted for. and the propositions voted upon: 3. The office to fill which each person was voted for; 4. The number of votes given at each precinct to each of such persons, and for and against each of such propositions; 5. The number of votes given in the county to each of such persons, and for and against each of propositions voted upon; § 1283. The board must declare elected the person having the highest number of votes given for each office to be filled by the votes of a single county or subdivision thereof. Irregularities or defect or informality in return: Sec. 1297. § 1284. The county clerk must immediately make out and deliver to such person (except to the person elected superior judge) a certificate of election signed by him, and authenticated with the seal of the superior court. [xVmendment ap- proved April 3. 1880; Amendments 1880, p. 20; in effect immediately; also approved April 16. 1880: Amendments 18eS0, p. 81; in effect April 16, 1880.] § 1285. When there are ofl3cers. other than rep- resentatives in congress, members of the State board of equalization, and railroad commission- ers voted for, who are chosen by the electors of a district composed of two or more counties, each of the county clerks of the counties composing such district.' immediately after making out the statement specified in section twelve hundred and eighty -two, must make a certified abstract of so much thereof as relates to the election of such 269 Canvass of Returns. §§ 1286-1289 oflicers. [Amendment approved April 16, 1880; Amendments 1880, p. 82; in effect April 16, 1880.] Amendment 1880— excepted members Board of Equalization and railroad commissioners: See corresponding insertion in sec. 1288. § 1286. The clerk must seal up such abstract, indorse it "Election Retiums," and, without de- lay, transmit the same by mail to the county clerk of the county which stands tirst in alphabet- ical arrangement in the list of counties composing such district. § 1287. The clerk :o wliom the election returns of a district are made, must, on the twentieth day after such election, or sooner, if returns from all the counties in the district have been received, open in public such returns, and from them and the statement of the vote for such officers in his own county: 1. Make a statement of the vote of the district for such officers, and file the same, together with the returns, in his office; 2. Transmit a certified copy of such statement to the secretary of state; 3. Make out and deliver, or transmit by mail, to the persons elected a certificate of election (un- less it is by law otherwise provided). § 1288. When there has been a general or spec- ial election for officers chosen by the electors of the State at large, or for judicial officers (except justices of the peace), or for members of the State board of equalization, or for railroad commission- ers, each county clerk, so soon as the statement of tlie vote of his covmty is made out and entered upon the records of the board of supervisors, must make a certified abstract of so much thereof as relates to the votes given for persons for said offices to be filled at such election. [Amendment approved April 16. 1880; Amendments 1880, p. 82; in effect April 16. 1880.] Election for members State board of equaliza- tion and railroad commissioners — included bv amdt. 1880. pursuant to Const. Cal., 1879, art. 13, sec. 9, and art. 12, sec. 22. § 1289. The clerk must seal up such abstract, indorse it "Election Returns," and without delay transmit it by mail to tlie secretary of state. §§ 1290-1295 Canvass of Returns. 270 § 1290. On the fortieth day after the day of election, or so soon as the returns liave been re- ceived from all the counties of the State, if re- ceived within that time, the secretary of state must compare and estimate the vote, and make out and iile in his office a statement thereof, and transmit a copy of such statement to the gov- ernor. [Amendment approved Api-il 16, 1880; Amendments 1880. p. 82; in effect April 16, 1880.] Amendment 1880— changed sixtieth day to for- tieth. § 1291. Upon receipt of such copy, the govern- or must issue commissions to the persons who from it appear to have received the highest num- ber of votes for offices, except that of governor or lieutenant-governor, to be filled at such election. Except that of governor and lieutenant-govern- or: See sec. 1292, et seq. § 1292. "When an election has been held to fill the office of governor or lieutenant-governor, the clerk of each county, in addition to the abstract made for transmission to the secretary of state, must, as soon as the statement of the vote of his county is made out and entered upon the records of the board of supervisors, make two certified abstracts of so much thereof as relates to the vote given for such officers. Election for governor and lieutenant-governor: Const. Cal., art. 5, sees. 2, 15. § 1293. The clerk must .seal up each abstract separately, and indorse thereon "Election Returns for Governor and Lieutenant-Governor." Returns to be sealed: Const. Cal., art. 5, sec. 4. § 1294. He mu.st at once direct one copy to "The Speaker of the Assembly next to meet." ad- dress it to Sacramento, California, and deposit it, post paid, in the post office. Returns to be directed — to Speaker of Assembly: Const. Cal., art 5, sec. 4. § 1295. The other copy he must direct and ad- dress in the same manner, and at once deliver it to a member elect of the Legislature, or to a Sen- 271 Election for Electors. §§ 129G-1307 ator who holds over; and the person to whom it is so delivered must deliver it to the speaker on or before the second day next after his election. § 1296. The returns of election for governor and lieutenant-governor must, during the first week of the session, be opened, canvassed, and the result declared by the spealver of the assembly in presence of botli houses. Returns to be opened — and publislied in presence of both houses of legislature: Const. Cal., art. 5, sec. 4. § 1297. No declaration of the result, commis- sion, or certificate must be witliheld on account of any defect or informality iu the return of any election, if it can with reasonable certainty be as- certained from such return what otfice is intended and who is elected thereto. Immaterial irregularities: See sec. 1252. CHAPTER XII. ELECTION FOR ELECTORS OF PRESIDENT AND VICE PRESIDENT. § 1307. Electors, when chosen. § 130.8. Returns, how made. § 1309. How transmitted. § 1310. Messenger, when Clerk may employ. § 1311. Proof of necessity for and approval of appoint- ment of messenger. § 1312. Compensation of messenger. § 1313. Duties of Secretary of State relative to returns. § 1314. Duty of Governor. § 1315. Meeting of Electors. § 1316. Vacancies in, how supplied. § 1317. Voting by Electors, and returns. § 1318. Separate ballots for President and Vice President. § 1319. Must make lists of persons voted for. § 1320. Result to be tran.smitted to the President of the United States Senate. § 1321. Compensation of Electors. § 1322. How audited and paid. § 1307. At the general election in each bissex- tile or leap year, unless by the laws of the United §§ 1308-1311 Election for Electors. 272 States another time is fixed, and then at such time thei'e must be chosen by the qualified voters of the State, as many electors of president and vice-president of the United States as the State is then entitled to. Choosing presidential electors: Const. U. S., art. 2, sec. 1, and amend. 12. § 1308. The clerlv of each county, as soon as the statement of the vote of his county at such election is made out and entered on the records of the board of supervisors, must malie a certified abstract of so much thereof as relates to the vote given for persons for electors of president and vice-president of the United States. § 1309. The clerk must seal up such abstract, Indorse it '"Presidential Election Returns," and without delay ti'ansmit it to the secretary of sttite by mail or in the manner hereinafter prescribed. § 1310. If the county clerk of any county has reason to believe that the abstract will not, in the due course of mail, reach the secretary of state before the time fixed bj' law for canvassing the re- turns of such election, he may, with the approv- al of the superior judge, employ a person to con- vey and deliver such abstract to the secretary of state. [Amendment approved April 3, 1880; Amendments 1880, p. 20; in effect immediately; also approved April 16, 1880; Amendments 1880, p. 82; in effect April 16, 1880.] Superior judge— substituted for county judge by amdt. 1880. § 1311. In the event provided for in" the pre- ceding section, the clerk must make an affidavit, setting forth tlie reasons for his belief, and the name of the person employed by him, which affi- davit, with the approval of the superior judge in- dorsed thereon, must be given to the person ap- pointed, and by him, with the abstract, must be delivered to the secretary of state. [Amendment approved April 16, 1880; Amendments 1880, p. 82; in effect April 16, 1880.] 27;^ Election for Electors. §§ 1312-1318 § 1312. The person appointed by the clerk, af- ter he delivers the abstract and statement, Is en- titled to receive as compensation mileage at the rate of 30 cents a mile from the county seat to the seat of government. His account therefor, certified by the secretary of state, must be audit- ed by the controller and paid out of the general fund in the State treasury. § 1313. On the last Monday in the month of the election, or as soon as the returns have been received from all the counties in the State, if re- ceived before that time, the secretary of state must compare and estimate the votes giveu for electors, and certify to the governor the names of the proper number of persons having the highest number of votes. § 1314. The governor must, upon the receipt of such certificate, transmit to each of such persons a certificate of election, and on or before the day of their meeting deliver to the electors a list of the names of electors, and must do all other things required of him in the premises by any act of Congress in force at the time. § 1315. The electors chosen must assemble at the seat of government on the second Monday in January next following their election, at tvpo o'clock in the afternoon. [In etfect January 14, 1889.] § 1316. In case of the death or absence of any elector chosen, or in case the number of electors from any cause be deficient, the electors then present must elect, from the citizens of the State, so many persons as will supply such deficiency. § 1317. The electors, when convened, must vote by ballot for one person for president and one pex*- son for vice-president of the United States, one of whom, at least, is not an inhabitant of this State. Casting electbral vote: Art. 12 of amdts. to Const. U. S. § 1318. They must name in their ballots the persons voted for as president, and in distinct ballots the persons voted for as vice-president. §§ 1319-1333 Elections for Representatives, 274 § 1319. They must make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes given for each. § 1320. They must certify, seal up, and trans- mit by mail such lists to the seat of govex'nment of the United States, directed to the president of the Senate. § 1321. Electors receive the same pay and mileage as is allowed to members of the assem- bly: Pay and mileage alloAved- -to members of as- sembly: See sec. 266. § 1322. Their accounts therefor, certified by the secretary of state, must be audited by the controller, who must draw his warrants for the same on the treasurer, payable out of the gener- al fund. ^m CHAPTER XIII. ELECTIONS FOR MEMBERS OF CONGRESS. Article I. Election for Senators. II. Election for Representatives. ARTICLE I. ELECTION FOR SENATORS. § 1332. Elections for full terms. § 1333. Elections to fill vacancies. § 1332. Elections for Senators in Congress for full terms must be held at the regular session of the Legislature next preceding the commencement of the term to be filled. Elections for Senators and Representatives— by wlioiii prescribed: Const. U. S., art. 1, sec. 4. § 1333. Elections to fill a vacancy in the ter/n of a United States Senator mu.st be held at the session of the Legislature next succeeding the oc- currence of such vacancy. Vacancy— during recess of Legislature temporar- ily filled by executive of State: Const. Cal., art. 1, sec. 3. 275 Election for Representatives. §§ 1343-1347 ARTICLE II. ELECTIONS FOR REPRESENTATIVES. § 1343. When held. § 1344. Returns, how made. § 1345. How transmitted. § 1346. Duty of Secretary of State relative to. § 1347. Certificates issued by Governor. § 1343. At the general election to be held in the year eighteen hundred and eighty, and at the general election every two years thereafter, there must be elected, for each Congressional District, one Representative to the Congress of the United States. [Amendment approved April 16, 1880; Amendments 1880, p. 82; in effect April 16, 1880.] § 1344. The clerk of each county, as soon as the statement of the vote of his county at such election is made out and entered on the records of the board of supervisors, must make a certified abstract of so much tliereof as relates to the vote given for persons for representatives to Congress. § 1345. The clerk must seal up such abstract, indorse it "Congressional Election Returns," and without delay transmit it by mail to the secretary of state. § 1346. On the sixtieth day after the day of election, or as soon as tlie returns liave been received from all the counties of the State, if re- ceived within that time, the secretary of state must compare and estimate the votes given for such representatives, and certify to the governor the person having the highest number of votes in each Congressional District as duly elected. § 1347. The governor must, upon the receipt of sucli certificate, ti-ansmit to each of such persona a certificate of his election, sealed with the great seal and attested by the secretary of state. § 1357 Primary Elections. 276 CHAPTER XIV. PRIMARY ELECTIONS. § 1357. Committees may by resolution elect to hold under election laws. § 1358. Resolution, form of. § 1359. Notice, form of. § 1360. Challenges. § 1361. None but qualified persons to participate. § 1362. Returns, how made. § 1363. Certificates of election, when issued by Board of Judges. § 1364. Canvass of returns and certificate by committee. § 1365. What provisions of law applicable to these elec- tions. § 1357. Any committee or body authorized by the rules or customs of a voluntary political asso- ciation or organization, to call elections of or for such association or organization, for any purpose, may by resolution adopted at the time of making the call, elect to have such elections conducted in accordance with the rules prescribed in sections ten hundred and eighty-three, ten hundred and eighty-four, eleven hundred and forty-four, eleven hundred and forty-five, eleven hundred and forty- six, eleven hundred and forty-seven, eleven hun- dred and forty-eight, eleven hundred and sixty- two, eleven hundred and sixty-tliree, eleven hun- dred and sixty-four, eleven hundred and seventy- four, eleven hundred and seventy-five, eleven hundred and ninety-two, eleven hundred and nine- ty-three, eleven hundred and ninety-four, eleven hundred and ninety-five, eleven hundred and ninety-six, eleven hundred and ninety-nine, twelve hundred, twelve hundred and one, twelve hun- dred and two, twelve hundred and three, twelve hundred and twenty-four, twelve hundred and twenty-seven, twelve hundred and twenty-nine, twelve hundred and thirty, twelve hundred and thii-ty-one. t-^-elve liuiidred and thirty-two, twelve hundred and thirty-three, twelve hundred and thirty-four, twelve hundred and thirty-five, twelve hundred and thirty-six. twelve hundred and thirty- seven, twelve hundred and thirtv-eisiht, twelve 277 Primary Elections. §§ 1358-13(JU hundred and thirty-nine, twelve hundred and forty, twelve hundred and forty-one, twelve hun- dred and forty-two, twelve hundred and fifty-two, twelve hundred and fifty-three, twelve hundred and fifty-four, twelve hundred and fifty-five, twelve hundred and fifty-six, twelve hundred and fifty-seven, twelve hundred and fifty-eight, twelve liundred and fifty-nine, and twelve hundred and sixty. [Amendment approved March 26, 1874; Amendments 1873-4, p. 74; in effect first Monday of July, 1874.] Before amendment 1874 — no reference to sees. 1192-1 196, or to sec. 1199. "Piece clubs" — Act to prohibit and to prevent extortion from candidates for office: Stats. 1878, p. 236. I'rimary election law: See post, Appendix, p. 986. § 1358. The resolution must declare: 1. The time and place of holding the election and tlie liours betAveen which the polls are to be kept open. 2. The names of the persons to constitute the election board. 3. The object of the election. 4. That such election will be held under the pro- visions of the primary election law. 5. The time and manner of the publication of notice of such election. 6. The qualifications required for voters in addi- tion to tliose prescribed by law. § 1359. The notice of the election must be signed by the secretary of the committee or body, and must contain a copy of the resolution, and must be published as directed in the resolution. § 1360. In addition to the challenges allowed by law, any person offering to vote at such elec- tion may be challenged upon the grounds that he does not possess 11u> other qualifications pre- scribed in the resolution, and such challenges must be tried and determined by the board of election, who to that end may administer an oath to such persons, and may ask them any question tending to prove or disprove the challenge. I'ol. Code— 24. §§ 13G1-13G5 rrimary Elections. 278 § 1361. None but persons wlio possess the Qualificatious prescribed by law and by the reso- lution must vote or participate in any of the pro- ceedings at such election. § 1363. After counting the votes and signing the lists the judges must cause the ballots and one copy of the lists to be delivered to the secretary signing the notice of election, and one of the judges must retain the other lists for twenty days after the election. § 1363. The board of election must issue cer- tilicates of election to all persons who are chosen to fill any position by the vote of one precinct alone. § 1364. The committee or body from which em- anated the resolution calling the election may, un- der sucli rules as it adopts, open and canvass the returns and issue certificates to persons chosen to fill positions b3' the voters of more than one pre- cinct. § 1365. All of the provisions of Title lY, Part I of the Penal Code, and all the provisions of the sections referred to in the first section of this chap- ter, are applicable to elections held under the pro- visions of this chapter from and after the last publication of the notice mentioned in section 1359. Crimes against the oh^clive franchise: Pennl Code, sees. "41-62. 279 Education. 1385 • TITLE III. EDUCATION. Chapter I. Uniyersity of California. II. State Normal School. III. Public Schools. CHAPTER I. UNIVERSITY OF CALIFORNIA. Article I. General Provisions Relating to the University. II. Endowment of the University. III. Regents of the University. IV. Secretary of the Board of Regents. V. Academic Senate of the University. VI. University Cadets. ARTICLE I. GENERAL PROVISIONS RELATING TO THE UNIVER- SITY. § 1385. Object of University. § 13S6. Colleges to be maintained. § 1387. Scope of College of Letters. § 1388. Course of instruction. § 1389. President of University. § 1390. Duties of President. § 1391. Government and discipline. § 1392. . Students. § 1393. Fees and rates of tuition. § 1394. Same. § 1395. Free scholarship. § 1396. Colleges may be affiliated with University. § 1397. Annual examination for degrees. § 1398. Same. § 1399. Same. § 1400. Degrees to giaduates of affiliated colleges. § 1401. Certificates of proficiency. § 1402. Degrees. § 1403. Degrees in Colleges of Letters. § 1404. System of manual labor in connection with Agri- cultural College. § 1405. Sectarian, etc., tests prohibited. § 1385. The r'nlvcrsity of California, located in Alameda county, lias for its object general in- §§ 1388-1390 Edueation. 280 strnctiou and education in all the departments of science, literature, art, industrial and professional pursuits, and special instruction for the professions of agriculture, the mechanic arts, mining, mili- tary science, civil eugiueeiung, law, medicine, and commerce. University of California— declared a public trust: Const. Cal.. LSTD, art. 9, sec. 9. Organic act — creating university: Stats. 1868, p. 248. Acts relating to the State university: See Gen- eral Laws, title University of California. § 1386. There must be maintained in the uui- versity; 1. A college of letters. 2. A college or colleges of science, including ag- riculture, mechanics, mining, engineering, chem- istry, and such other specialties as the board of regents may determine. 3. College of medicine and law. 4. Such other colleges as the board of regents may establish. [Amendment approved March 30, 1874; Amendments 1873-4. p. 31; in effect July 6, 1874.] Subdivision 3. Colleges of medicine and law^ affiliation of: Sec. 1396. § 1387. The college of letters must embrace a liberal course of instruction in language, litera- ture and philosophy. § 1388. Each full course of instruction consists of its appropriate studies and courses, to be de- termined by the board of regents. [Amendment approved March 30. 1874; Amendments 1873-4. p. 31; in effect .July 6, 1874.] § 1389. The president of the university is the executive head of the institution in all its de- partments, except as herein otherwise provided. ?; 1390. He must, subject to the board of i-e- gents. give general direction to the practical af- fairs of the several colleges, and in the recess of the board of regents may remove any employee 281 Education. §§ 1391-1395 or subordinate officer not a member of any faculty, and supply for the time being any vacancies thus created; and until the regents otherwise direct he is charged witli the duties of one of the profes- sorships. § 1391. The immediate government of the sev- eral colleges is intrusted to their respective facul- ties, each of which must have its own organization, regulate its own affairs, and may recommend tlie course of study and the text-boolvs to be used. § 1392. Any resident of California of the age of fourteen years or upwards, of approved moral character, may enter himself in the university as a student at large, and receive tuition in any branches of instruction at 'the time when the same are given in their regular course, on such terms as the board of regents may prescribe. Any resident of California— no person to be de- barred admission on account of sex: Const. Cal., 1879, art. 9, sec. 9. § 1393. An admission fee and rate of tuition fixed by the board of regents must be required of each pupil, except as herein otherwise provided. § 1394. As soon as the income of the univers- ity shall permit, admission and tuition must be free to all residents of the State; and the regents must so apportion the representation of students according to population that all portions of the State may enjoy equal privileges therein. § 1395. If appi'oved by the board of regents, scholarships may be established in the university by any persons for the purpose of private bene- faction or of affording tuition in any course of the university, free from the ordinary charges, to any scholar in the public schools of the State who may distinguish himself in study, according to the recommendation of his teachers, and who passes the examination recjuired for the grade at which he wlslies to enter tlie university. " Basis of section: Stats. 1870. p. ~AC>. §§ 1306-1400 Education. 282 § 1396. The board of regents may affiliate with the university any incorporated college of medi- cine, law, or other special course of instruction, upon such terms as may be deemed expedient; and sucli college may retain the control of its own property, have its own boards of trustees, facul- ties, and presidents, respectivelj^ and the stu- dents of such colleges, recommended by the re- spective faculties thereof, may receive from the university the degrees of those colleges. Basis of section: Stats. 1867-8, see. 8. Hastings College of LaAA'— acts relating to: See General Laws, title Hastings Law School. Wo- men admitted as students: See Const. Cal., 1879, art. 9, sec. 9. Medical department— of the University of Cali- ornia to be called the "Toland": Stats. 1881, p. 24. § 1397. The examinations for degrees must be annual. Students who have passed not less than a year as residents in any college, academy, or school in this State, and Avho, after examination by the faculty thereof, are recommended by them' as proficient candidates for any degree in any regular course of the university, must be exam- ined therefor at the annual examination; and on passing such examination may receive the degi-ee and diploma for that course, and rank as gradu- ates. § 1398. All students of the university who have been residents thereat for not less than one year, and all graduates thereof, may present themselves for examination in any course at the annual examinations, and, on passing such exam- ination, may receive the degree and diploma of that course. [Amendment approved [March 30, 1874; Amendments 1873-4, p. 31: in effect July 6, 1874.] § 1399. Upon such examinations each profes- sor and instructor of that course may cast one vote, by ballot, upon each application for recom- mendation to the board of regents for a degree. § 1400. Graduates of the College of California, and of any incorporated college affiliated with the 283 Ediicatiou, §§ 1401-1405 university, may receive tlie degrees from, and rank as graduates of tlie university. § 1401. The board of regents may also confer certificates of proficiency in any branch of study, upon such students of the university as upon ex- amination are found entitled to the same. § 1402. The proper degree of each college must be conferred at the end of the course upon such students as, having completf^d the same, are found proficient therein, § 1403. The degree of bachelor of arts, and af- terwards the degree of master of arts,' in usual course, must be conferred upon the graduates of the college of letters. § 1404. A system of moderate manual labor must be established in connection with the agri- cultural college, upon its agricultural and orna- mental grounds, for practical education In agri- culture and landscape gardening. Basis of section: Stats. 3868, p. 249. § 1405. No sectarian, political, or partisan test must ever be allowed or exercised in the appoint- ment of regents, or in the election of professors, teachers, or other officers of the university, or in the admission of students thereto, or for any pur- pose Avhatsoever; nor must the majority of the board of regents be of any one religious sect or of no religious belief. Basis of section— condensation of Stats. 1868, pp. 248-259; and see sees. 1 to 27 inclusive; and see Stats. 1870, p. 688. Independence of political or sectarian influence — preserved by Const. Cal., 1879, art. 9, sec. 9. § 1415 Etluf-ation. 284 ARTICLE II. ENDOWMENT OF THE UNIVERSITY. § 1415. Endowment. g 1415. The endorsement [endowment] of the university is: 1. The proceeds of the sale of the seventy-two sections of land granted to the State for a semi- nary of learning. 2. The proceeds of the ten sections of land granted to the State for public buildings. 3. The income derived from the investments of the proceeds of the sale of the lands or of the scrip therefor, or of any part thereof, granted to this State for the endowment, support, and main- tenance of at least one college where the leading object shall be — without excluding other scientific and classical studies, and including military tac- tics — to teach such branches of learning as are related to agriculture and the mechanic arts. 4. The income of the fund set apart by "An Act for the endowment of the University of Cal- ifornia," approved April second, eighteen hundred and seventy, which is continue ARTICLE III. REGENTS OP THE UNIVERSITY. § 1425. University controlled by Regents. § 1426. Sixteen Regents appointed by the Governor. § 1427. Six other Regents, appointment of. § 1428. Vacancies. § 1429. President of the Board. § 1430. Quorum. § 1431. Regents receive no compensation. § 1432. General powers and duties of Regents. § 1433. Income arising from endowment at disposition of Regents. § 1434. Fund to be set apart for current expenses. § 1435. Funds may be drawn from State Treasury. § 1436. Construction of buildings. § 1437. Same. § 1438. Same. § 1439. Temporary buildings. § 1425. The university is imrler tlie control of a board of regents, consisting of twenty-two mem- bers; but tlie president of tlie university, for tlie time being, shall be a member of the board of re- gents, by virtue of his ofhce. [Amendment ap- proved March 30, 1874; Amendments 1873-4, p. 33; in effect July 6, 1874.] Basis of section: Stats. 1878, p. 248. Regents of university— are civil executive offi- cers: Sec. 343. § 1426. Sixteen members of the board ai-e ap- pointed by the governor, with the advice and con- sent of the Senate. Their term of office is sixteen years. § 1427. Six members of the board hold by vir- tue of other offices, as provided in section 353. Ex officio regents: Sec. 353. § 1428. Whenever a vacancy occurs in the board, the governor must appoint some person to fill it, and the person so appointed holds for the remainder of the term. § 1429. The governor is president of the board. 287 Educatiou. §§ 1430-1432 § 1430. Seven members constitute a quorum of the board. § 1431. The members receive no compensation. § 1432. The powers and duties of the board of regents are as follows: 1. To meet at such times and places as their rules may prescribe, or at the call of the president of the board. 2. To control and manage the university and its property. 3. To prescribe rules for their own government and for the government of the university. 4. To adopt and prescribe rules for the govern- ment and discipline of the cadets. 5. To receive, in the naine of the State, or of the board of regents, as the case may be, all property donated to the uniA'ersity. 6. To choose a president of the university, the professors, and other officers and employees of the imiversity, prescribe their duties, fix and provide for the payment of their salaries. 7. To fix the qualifications for admission to the benefits of the university. 8. To fix the admission fee and rates of tuition. 9. To appoint a secretary and treasurer, pre- scribe tlieir duties, and fix and provide for the payment of tlieir compensation. 10. To remove, at pleasure, any ofiicer, profes- sor, or employee of the university. 11. To supervise the general courses of instruc- tion, and, on the recommendation of the several faculties, prescribe the authorities and text-books to be used in the several colleges. 12. To confer such degrees, and grant such di- plomas, as are usual in universities, or as they deem appropriate. 13. To establish and maintain a museum. 14. To establish and maintain a library. 15. To talce immediate measures for the perma- nent improvement and planting of the university grounds. IG. To keep a record of all their proceedings. 17. Through the president of the university, to report to the governor the progress, condition, and §§ 1433-1435 Education. 288 wants of each of the colleges embi'aced in the uni- versity, the course of study in each, the number of professors and students, the amount of receipts and disbursements, together with the nature, cost, and results of all important investigations and ex- periments, and such other information as they may deem important. [Amendment approved .March 30, 1874; Amendments 1873-4, p. 33; in ef- fect July 6, 1874.] Subdivision 3. Government of the university — sale of intoxicating liquors within two miles of rhe university prohibited: Stats. 1873, p. 12. Subdivision 5. To receive donations — specimens collected by State geological survey: Sec. 550. Subdivision 14. Library and art gallery build- ing—act malting appropriation for, to supplement donation of H. D. Bacon: Stats. 1878, p. 930. Subdivision 15. Universit}' grounds— planting of jute directed: Stats. 1880, p. 154 or 27. Water supply for university (and asylum for Deaf, Dumb and Blind), Stats. 1876, p. 816. § 1433. The entire income arising from the en- dowment is subject to the trusts at the disposition of the board of regents for the support of the unl- A'ersity. Consolidated pei'petual endowment fund: Stats. 1878, p. 337. Commission — to report to Legislature the con- dition of the universitv funds and grants: Stats. 1878, p. 928. § 1434. For the current expenditures of the university specific sums of money must be set aside, out of the funds at their disposal, by tlie board of regents, which are siibject to the war- rants of the president of the board, drawn upon the treasvirer of the university in pursuance of the orders of the lioard of regents. Current expenses— income of consolidated perpet- ual endowment fund to be iised for: Stats. 1878, p. 337. § 1435. All moneys which may at any time be in the State treasury, subject to the use of the lioard of regents, may be drawn therefrom by the 289 Education. §§ 1436-1450 president of the board, upon the order of the board, in favor of the treasurer of the university: [Amendment approved March 30, 1874; Amend- ments 1873-4, p. 35; in effect July 6, 1874.] § 1436. The regents must cause to be con- structed such buifdings as are needed for the use of the university. § 1437. The plan adopted in the construction of buildings must provide separate buildings for sep- arate uses, and so gi-oup all such buildings that a central building may bring the whole in harmony as part of one design. § 1438. The construction and furnishing of the buildings must be let out to the lowest responsi- ble bidder, after advertiselnent for not less than ten days in at least two daily newspapers pub- lished in the city of San Francisco; but the re- gents may reject any bid, and advertise anew. § 1439. Until the University buildings are ready for use the regents may malie temporary arrangements for buildings at Oakland. ARTICLE IV. SECRETARY OF THE BOARD OP REGENTS. § 1449. Qualifications and choice of Secretary. § 14.50. Residence and duties of Secretary. § 1451. Term and compensation. § 1449. A practical agriculturist, competent to superintend the working of the agricultural farm and to discliarge the duties of secretary of the board of regents, must be chosen by the board as their secretary. § 1450. The secretary must: 1. Reside and keep his office at the seat of the university. 2. Keep a record of the transactions of the l)oard of regents. Avhieh must be open at all times to the inspection of any citizen of this State. rol. Code— 25. § 1451 Educatlou. 21)0 3. Have the custody of all books, papers, doeu- meuts, and other property which may be deposit- ed iu his otlice. 4. Keep aud tile all reports and communications which may be made to the university appertain- ing to education, science, art, husbandry, mechan- ics, or mining. 5. Address circulars to societies and others, so- liciting information upon the latest and best modes of culture of the products adapted to the soil and climate of tlie State, and on all subjects connected with field culture, horticulture, stock- raising, aud the dairy. 0. Correspond with established schools of min ing and metallurgy in Europe, and obtain informa- tion respecting the improvements of mining ma- chinery adapted to California. 7. Correspond with the patent office at Washing- ton, and with the representatives of the govern- ment of the United States abroad, to procure con- tributions to agriculture from these sources; re- ceive and distribute seeds, plants, shrubbery, and trees adapted to our climate and soils, for the pur- poses of experiment. 8. Obtain contributions to the museums and the library of the university. 9. Keep a correct account of all the executive acts of the president of the university. 10. Keep an accurate account of all moneys re- ceived into tlie treasury or paid therefrom. 11. Distribute the seeds, plants, trees, and shrubbery received by him, and not needed by the university, equally throughout the State, to far- mers and others Avho will agree to cultivate them properly and return to the secretary's office a rea- sonable proportion of the products thereof, with a statement of the mode of cultivation, and such other information as may l>e necessary to ascer- tain their value for cultivation in the State. 12. Publish from time to time in the newspapers of the State, free of charge, information relating to agriculture, the mechanic arts, mining and met- allurgy. Basis of section: Stats. 3868, p. 248. § 1451. The secretary holds oflice at the pleas- 291 Education. §§ 1461-1473 lire of and receives tlie compensation fixed by tlie board. Basis of section: Stats. 1868, p. 248. ARTICLE V. ACADEMIC SENATE OF THE UNIVERSITY. § 1461. Academic Senate. § 1462. General powers of. § 1463. Proceedings of. § 1461. Ttie academic senate is composed of tlie faculties and instructors of the university. Basis of section: Stats. 1867-8, sec. 18, et seq. § 1462. The senate must conduct the general administration of the university, regulate the general and special courses of instruction, receive and determine all appeals from acts of discipline enforced by the faculty of any college, and exer- cise such other powers as the board of regents may confer upon it. § 1463. Its proceedings must be conducted ac- oordin.g to rules of order adopted by it, and every person engaged in instruction in the university may participate in its discussions; but the right of voting is confined to the president and the profes- sors. ARTICLE Yl. UNIVERSITY CADETS. § 147."?. University Cadets. § 1474. Officers of. § 1475. Equipment of. g 1476. Retired officers of. § 1477. Report of Military Instructor. § 1473. The students of the university must be organized into a body known as the "University Cadets." Basis of section: Stats. 1870, p. 119. §§ 1474-1477 Education. 292 § 1474. The officers of cadets, between and in- cluding tlie ranks of second lieutenant and colonel, must be selected by the cliief militarj' instructor, with the assent of the president of the university, and must be commissioned by the governor. [Amendment approved March 30, 1874; Amend- ments 1873-4, p. 35; in effect July 6, 1874.] § 1475. The adjutant-general of the State must issue such arms, munitions, accouterments, and equipments to the university cadets as the board of regents may require and the governor approve. [Amendment approved March 30, 1874; Amend- ments 1873-4, p. 35; in effect July 6, 1874.] § 1476. Upon graduating or retiring from the University, such officers maj' resign their' commis- sions or hold the same as retired officers of the university cadets, liable to be called into service by the governor in case of war, invasion, insurrec- tion, or rebellion. § 1477. The military instructor must make quarterly reports to tlie adjutant-general of the State, showing the number, discipline, and equip- ments of the cadets. 293 State Normal School. §§ 1487,1488 CHAPTER II. STATE NORMAL SCHOOL. § 1487. Object of school. § 1488. Under control of Board of Trustees. § 1489. General powers and duties of Board. § 1490. Regular meetings of Board. § 1491. Special meetings of Board. § 1492. Time and place of meeting of Board. § 1493. Apportionment of pupils. (Repealed.) § 1494. General Qualifications for admission as pupils. § 1495. Pupils from State at large. § 1493. Pupils from other States. § 1497. Pupils to file certain declaration. § 1498. Competitive examinations before County Boards. (Repealed.) § 1499. Manner of examination. (Repealed.) § 1500. Persons passing to be admitted as pupil.s, in what order. (Repealed.) § 1501. Principal to make annual report. § 1502. To attend County Institutes. § 1503. Issuance certificates or diplomas of Normal School. S 1504. Secretary and Board of Trustees. § 1505. Supervision by Superintendent of Public Instruc- tion. § 1506. Biennial appropriation to be made. § 1507. Orders on Controller, how drawn. § 1487. The State normal schools have for their objects the education of teachers for the public schools of this State. [Approved March 15; in effect July 1, 1887.] This chapter was for the most part condensed from Stats. 1870, 788 et seq. See Const. Cal., art. 0. sec. f), authorizing? normal school to be estab- lished as part of the common-school system. § 1488. The State normal schools shall be un- der the management and control of boards of trus- tees, constituted as provided in section three hun- dred and fifty-four of the Political Code of the State of California. [Approved March 15. In ef- fect July 1. 1887.] See sec. 354, ante. Acts establishing and relating to normal schools: See post, Appendix, pp. 1047-1049. § 1489 State Normal School. 294 § 1489. The powers and duties of each board of trustees are as follows: 1. To elect a secretary, who shall receive such salary, not to exceed one hundred ana fifty doUars per annum, as may be allowed by the board; 2. To prescribe rules for their government and the government of the school; 3. To prescribe rules for the report of officers and teachers of the school, and for visiting other schools and institutions; 4. To provide for the purchase of school appara- tus, furniture, stationery, and text-books for the use of pupils; 5. To establish and maintain model and training schools of the Icindergarten, primary, and gram- mar grades, and require the students of the nor- mal schools to teach and instruct classes therein; 6. To elect necessary teachers upon their nom- ination by the president, fix their salaries, and pre- scribe their duties: provided, that after the teach- ers have served successfully and acceptably for a term of two years, their appointment thereafter shall be made for a term of four years at least, unless removed for cause, as hereinafter specified, 7. To control and expend all moneys appropriat- ed for the support and maintenance of the school, and all moneys received for tuition or donations: 8. To cause a record of all their proceedings to be kept, which shall be open to public inspection at the school; 9. To keep, open to public inspection, an ac- count of receipts and expenditures: 10. To annually report to the governor a state- ment of their transactions, and of all matters per- taining to the school; 11. To transmit with such report a copy of the president's annual report: 12. To revoke any diploma by them granted, on receiving satisfactory evidence that the holder thereof is addicted to drunkenness, is guilty of gross immorality, or is reputedly dishonest in his dealings; provided, that such person shall have at least thirty days' previous notice of such con- templated action, and shall, if he asks it, be heard in his own defense. [Amendment appi'oved March 29. 1897; Amendments 1897. ch. clxxiii.] 295 State Normal School. §§ 1490-1492 Acts establishing aud relating to normal schools: See post, Appendix, p. 1U47, et seq. § 1490. Each board of trustees must hold two regular meetings in each year, and may hold spe- cial meetings, at the call of the secretary, when directed by the chairman. [Approved March 15; in effect July 1, 1887.] § 1491. The time and place of regular meet- ings must be fixed bj^ the by-laws of the board. The secretary must give written notice of the time and place of special meetings to each mem- ber of the board. Each member shall be allowed his expenses in attending the meetings of the board, the bills to be audited the same as any bills for the maintenance of the school. [Amendment approved March 29, 1897 f Amendments 1897, ch. clxxiii.] § 1492. There shall be a joint board of normal school trustees, to be composed of the members of the local boards of the sevei'al state normal schools. This board shall meet on the second Fri- day of April of each year, alternately at the dif- ferent State normal schools. Tlie ilrst meeting af- ter the passage of this act shall be at Los An- geles; the second meeting at Chico, and the third at San Jose. Thereafter the places of meeting sliall be in tlie order named above. A special meeting may be called by the governor for the transaction of any urgent business affecting the welfare of any or all of the State normal schools. It shall be the duty of this joint board: 1. To fill a vacancy in the presidency of any of the State normal schools, and to fix the salaries of the presidents of the several normal schools; pro- vided, that no president of any normal school shall participate or vote upon the selection of a president, or fix the salary of any president of any of the State normal schools; 2. To sit as a board of arbitration in matters concerning the management of each State nor- mal school that may need adjustment; .3. To dismiss a teacher from either of the State normal schools for good and sufficient cause after having been elected as designated under §§ 1493-1496 State Noi-mal School. 296 section fourteen hundred and eighty-nine of this Code; 4. To prescribe a series of text-books for use in tlie State normal schools: 5. To prescribe a uniform course of study, and time and standard for graduation from the State normal schools; 6. To prescribe a uniform standard of admis- sion for students entering the normal schools; 7. The joint board shall also have the power to pass any general regulations that may be applied to all of the State normal schools, thus affecting their "svell-being; 8. Members in attending the meetings of the joint board shall receive mileage while in actual attendance upon the meeting, the same to be paid out of any appropriation made by the legislature for that purpose; 9. The Superintendent of Public Instruction shall be the secretary of the joint board. The sec- retary shall keep a full record of all proceedings of the joint meetings of the trustees, and shall notify the secretary of each board of trustees of any changes made in the course of study or the text-books to be adopted. [Amendment approved March 29, 1897; Amendments 1897, ch. clxxiii.l § 1493. [Repealed March 30, 1874; Amend- ments 1873-4, p. 79. In effect immediately.] § 1494. Every person admitted as a pupil to the Normal School course must be: First — Of good moral character. Second — Of sixteen years of age. Third — Of that class of persons who, if of a proper age, would be admitted in the public schools of this State, without restriction. [Amend- ment approved March 30. 1874; Amendments 1873- 4, p. 76. In effect March 30, 1874.] § 1495. Teachers holding valid certificates to teach in any county in this State, may be admit- ted to any State normal school in the State. [Amendment approved March 29, 1897; Amend- ments 1897, ch. clxxiii.] § 1496. Persons resident of another State may 297 Stale Normal School. §§ 1496-1503 be admitted upon letters of recommendation from the Governor or Superintendent of Schools there- of. [In effect jNIarch 30, 1874.] § 1497. Every person making application for admission as a pupil to the normal school must, at the time of making such application, file with the president of the school a declaration that he enters the school to fit himself for teaching, and that it is his intention to engage in teaching in the public schools of this State, or in the State or Territory where the applicant resides. [Amend- ment approved March 29, 1897; Amendments 1897, ch. clxxiii.] § 1498. [Repealed March 30, 1874; Amend- ments 1873-4, p. 79. In effect immediately.] § 1499. [Repealed March 30, 1874; Amend- ments 1873-4, p. 79. In effect immediately.] § 1500. [Repealed March .30, 1874; Amend- ments 1873-4, p. 79. In ett'ect immediately.] § 1501. The president of each State normal school must make a detailed annual report to the board of trustees, with a catalogue of the pupils, and such other particulars as the board may re- quire or he may think useful. [Amendment ap- proved March 29, 1897; Amendments 1897, ch. clxxiii.] § 1502. The board of trustees of any normal school or its executive committee, may grant per- mission to the principal or any teacher of such school to attend any county institute, and give in- struction on subjects relating to education in the public schools. [Amendment approved March 23, 1893; Stats. 1893, p. 302. In effect immediately.] § 1503. First— The board of trustees of each State normal school, upon the recommendation of the faculty, may issue to those pupils who worth- ily complete the full course of study and training prescribed, diplomas of graduation, either from the normal department, the kindergarten depart- ment, or both; § 1503 State Normal School. 298 Second— Said diploma from the normal depart- ment shall entitle the holder tliereof to a grammar grade certificate from any city, city and county, or county board of education in the State. One from the kindergarten department shall entitle the holder to teach in any Ivindergarten in the State; Third — "Wlienever any city, city and county, or county board of education shall present to the State board of education a recommendation .show- ing that the holder of a normal school diploma from the normal department lias had a successful experience of two years in the public schools of this State, subsequent to the granting of such di- ploma, the State board of education shall grant to the holder thereof a document signed by the presi- dent and secretary of the State board, showing such fact. The said diploma, accompanied by said document of the State board attached thereto, shall become a permanent certificate of qualifica- tion to teach in any primary or gi-ammar school of this State, valid until such time as said diploma may be revolted, as provided in subdivision thir- teen of section fourteen hundred and eighty-nine of this Code; Fourth — Upon presentation of the diploma and document referred to in section fifteen hundred and three, subdivision third thereof, to any city, city and county, or coimty superintendent of schools, said superintendent shall record the name of the holder thereof in a boolc provided for that purpose in his office, and the holder shall hence- forth be absolved fi-om the requirements of subdi- vision first of section sixteen hundred and ninety- six of tliis Code; Fifth — Said diploma of graduation from any nor- mal school in this State, when accompanied by a certificate granted by the faculty of the State Uni- versity, showing that the holder tliereof, subse- quent to receiving said diploma, has successfully completed tlie prescribed course in the pedagogi- cal department of the State University, shall enti- tle the holder to a high school certificate authoriz- ing the holder to teach in any primary or gram- mar school, and in any high school in this State, 299 State Normal School. §§ 1504-1507 except in those in which the holder would be re- quired to teach languages other than English. [Amendment approved March 29, 1897; Amend- ments 1897, ch. clxxiii.] State board of examination abolished: Sec. 1757, post. State board of education: Sees. 1517 et seq. § 1504. [Kepealed March 29, 1897; Amend- ments 1897, ch. clxxiii.] § 1505. The Superintendent of Public Instruc- tion must visit each school from time to time, in- quire into its condition and management, enforce the rules and regulations made by the board, re- quire such report as he deem proper from the teachers of the school, and exercise a general su- pervision over the same. [Amendment approved March 29, 1897; Amendments 1897, ch. clxxiii.] Superintendent of Public Instruction: Sees. 1.J32. 1533. § 1506. [Repealed March 29, 1897; Amend- ments 1897, ch. clxxiii.] § 1507. Each order upon the Controller of State by the Board of Trustees of a State Normal School must be signed by the President of the Board and countersigned by the Secretary. Up- on presentation of the order aforesaid, signed and countersigned as aforesaid, tlie Controller of State must draw his warrant upon the State Treasurer in favor of the Board of Trustees for any mon- eys or any part tliereof, appropriated and set apart for the support of the Normal School, and the Treasurer must pay sucJi warrants on presenta- tion. [Approved Marcii 15. In effect July 1. 1887.] §§ 1517-1518 State Board of Education. 300 CHAPTER III. PUBLIC SCHOOLS. Article I. State Board of Education. II. Superintendent of Public Instruction. i III. School Superintendents. IV. Teachers' Institutes. V. School Districts. VI. Elections for School Trustees. VII. Boards of Trustees of School Districts and City- Boards of Education. VIII. District Census Marshals. IX. Clerks of School Districts. X. Schools. XI. Pupils. XII. Teachers. i XIII. District Libraries. XIV. Educational Journal. XV. State Board of Examination. XVI. County Boards of Examination. XVII. Citv Boards of Examination. XVIII. County School Tax. XIX. District School Tax. "XX. General Provisions relative to School Funds and Taxes. XXI. Miscellaneous Provisions relating to Public Schools. ARTICLE I. STATE BOARD OF EDUCATION. § 1.517. Board, how constituted. § 1518. Organization of. § 1519. Concurrence of a majority of all members neces- sary. § 1520. Meetings of. § 1521. General powers and duties of. § 1522. Traveling expenses of. § 1517. The State Board of Education consists of the Governor, the Superintendent of Public In- struction, and the Principals of the State Normal Schools. [Approved March 15, 1889.] See Const. Cal., art. 9. § 1518. The Governor is the President, and the Superintendent of Public Instruction the Secre- tary of the Board. 301 State Board of Education. §§ 1519-1521 § 1519. A concurrence of a majority of all the members is necessary to the validity of any act of the Board. § 1520. The hoard shall meet at the call of the secretary, and not less than twice in each year. [Amendment approved March 23, 1893; Stats. 1893, p. 237. In effect immediately.] § 1521. The powers and duties of the board are as follows: First- To adopt rules and regulations, not incon- sistent with the laws of this State, for its own government, and for the government of the public schools and district school libraries. Second— To gi-ant educational diplomas of two grades, valid throughout the State for the period of six years, as follows : - 1. High School; authorizing the holder to teach in any primary or grammar school, and in any high school in which said holder is not required to teach languages other than the English. 2. Grammar School; authorizing the holder to teach in any primary or grammar school. Third— To grant life diplomas of two grades, val- id throughout the State, as follows: 1. High School; authorizing the holder to teach in any primary or grammar school, and in any high school in which said holder is not required to teach languages other than the English. 2. Grammar School; authorizing the holder to teach in any primary or grammar school. Fourth — Except as provided in section one thou- sand five hundred and three of this Code, diplo- mas may be issued only to such persons as have held for one year, and who still hold, a valid city, city and county, or county certificate corresponding in grade to the grade of the diploma applied for, and who shall furnish satisfactory evidence of hav- ing had a successful experience in teaching of at least five years when applying for an educational diploma, and of at least ten years when applying for a life diploma. Every application must be accompanied to the State board of education by a certified copy of a resolution adopted by at least a four-fifths vote of all the members composing a city or county board of education, recommend- ing tliat the diploma be granted, and also by an affidavit of the applicant specifically setting forth I'ol. Code— 2fi. § ir)21 State Board of Education. 302 the places in whicli and the dates between which said applicant has taught, and tliat said applicant has taught a part of each year for five or ten cal- endar years, respectively. The five or ten years need not be consecutive years, but the aggregate experience must be at least thirty-five months for an educational and seventy mouths for a life di- ploma; and in either case the applicant must have had twenty-one months' experience in the public schools of California. The application must also be accompanied by a fee of two dollars, for the purpose of defraying the exijense of issuing the di])loma. Fifth— To revoke or suspend, for immoral or un- professional conduct, or for evident unfitness for teaching, life diplomas or educational diplomas heretofore issued, or that may hereafter be issued; and to adopt such rules for the revocation of di- plomas as they may deem expedient or necessary. Sixth — To have done by the State printer, or other officer having the management of the State printing, any printing requii'ed by it; provided, that all orders for printing shall first be approved by the State board of examiners. Seventh— To adopt and use. in authentication of its acts, an official seal. Eighth— To keep a record of its proceedings. Ninth— To designate some educational monthly journal as the official organ of the department of public instruction. One copy of the journal so des- ignated shall be furnished b.v the county superin- tendent to the clerk of each board of district trus- tees, to be placed by him in the district librai-y- The county superintendent of schools shall draw his warrant semi-annually in favor of the pub- lishers of such school journal, for a sum not ex- ceeding one dollar and fifty cents per district, for each school year, .ind charge the same to the librai-y fund of the district; provided, that the publishers of such journal shall be required to file an affidavit with the superintendent of public instruction, on or before the tenth day of each month, stating that they had mailed one copy of said journal to the clerk of each school district in the State. If is hereby made the duty of the clerk of each board of district trustees and the secretary of each board of education to place each number of such journal in the school librai'y of his dis- trict, on or before the end of the month in Avhich 303 Supt. of Public Instruction. §§ 1522-1532 such number was issued. [Amendment approved March 23, 1S93; Stats. 1893, p. 237. In effect im- mediately.] This section was also amended at the session of 1891: Stats. 1891, p. 150. Compare with sec. 1874. Acts relating to State school books: See Gen- eral Laws, title "Schools."' § 1522. The actual traveling expenses of the members incurred in attending the meetings of the Board must be audited by the Controller, and paid out of the General Fund in the State Treas ury. ARTICLE II. SUPERINTENDENT OF PUBLIC INSTRUCTION. § 1532. General duties of Superintendent. § 1533. Annual report of number of children. § 1532. It is the duty of the superintendent of public instruction,— First— To superintendent the schools of this State. Second— To report to the governor, on or before the fifteenth day of September preceding each I'egular session of the legislature, a statement of the c*ondition of the State normal schools and other educational institutions supported by the State, and of the public schools. Third— To accompany his report with tabular statements, showing the number of aclipol chil- dren in the State: the number attending public school, and the average attendance; the number attending private schools, $ind tlie number not at- tending schools ^ the amount of State school fund apportioned, and the sources from which derived; the amount raised by county and district taxes, or from other sources of revenue, for school purposes; and the amount expended for salaries of teachers, for building school houses, for district school li- braries, and for incidental expenses. Fourth— To apportion the State school fund; and to ftirnish an abstract of such apportionment to tlie Stiite controller, the State board of examin- ers, and to the county auditors, county treasiu-ers, nnd county superintendents of the several coun- ties of the State. § 1533 Superinteudent of Public lustruction. 304 Fifth— To draw his order on the controller in favor of each county treasurer, for school moneys apportioned to the county. Sixth — To prepare, have jjrinted, and furnish all officers charsed with the administration of the laws relating to the public schools, and to teach- ers, such blank forms and books as may be nec- essary to the discharge of their duties, including blank teachers' certificates to be used by county boards of education. Seventh — To have the laws relating to the pub- lic schools printed in pamphlet form, and to sup- ply school officers and school libraries with one copy each. Eightli — To visit the several orphan asylums to which State appropriations are made, and exam- ine into the course of iusti'uction therein. Ninth — To visit the schools in different counties, and inquii'e into their condition; and tlie actual traveling expenses thus incurred (provided, that they do not exceed fifteen hundred dollars per an- num) shall be allowed, audited, and paid out of the general fund in the same manner as other claims are audited and paid. Tenth— To authenticate with his official seal all drafts or orders drawn by him, and all papers and Avritings issued from his office. Eleventh— To have bound, at the State bindei-y, all valuable school reports, journals, and docu- ments in his office, or Jiereafter received by him. Twelfth— To report to the controller, on or be- fore the tentli day of July of each year, the total number of cliildren in the State between the ages of five and seventeen years, as shown by the lat- est reports of the county superintendents on file in his office. Thirteenth — To deliver over, at the expiration of his term of office, on demand, to his successor, all property, books, documents, maps, records, re- ports, and other papers belonging to his office, or which may have been received by him for the use of his office. [ .Amendment approved • March 23. 1893; Stats. 1893, p. 239. In effect immediately.] This section was also amended at the session of 1891: Stats. 1891, p. 152. See Const. Cal., art. 9, see. 2. § 1533. He sliall have power to call, bien- nially, a convention of the county and city 305 School Superintendents. § 1542 superintendents, to assemble at such time and place as he shall deem most convenient, for the discussion of questions pertaining to the supervision and administration of the public schools, the laws relating thereto, and such other subjects affecting the welfare and inter- est of the public schools as shall properly be brought before it. It is hereby made the duty of all county and city superintendents to attend and talve part in the proceedings of such convention when it is called. The actual expenses of the coiinty superintendents attending the convention shall be allowed by the board of supervisors, and paid out of the same fund as the salary of the county superintendents is paid; the actual ex- penses of the city superintendents attending the convention shall be allowed and paid out of the same fund as the salary of such city superintend- ents is paid. [Amendment approved March 23, 1893: Stats. 1893, p. 240. In effect immediately.] This section was also amended at the session of 1891: Stats. 1891, p. 153. As then amended, it read as follows: The superintendent of public instruction must report to the controller, on or before the tenth day of August of each year, the total number of chil- dren in the State between the ages of five and sev- enteen jears, as shown by the latest reports of the county superintendents on file in this office. ARTICLE III. SCHOOL SUPERINTENDENTS. § 1542. Who is eligible. (Repealed.) § 1543. General duties of School Superintendents. § 3544. Forfeiture for failure to report. § 1545. May appoint teachers and open schools, when. § 1.546. May direct repairs, etc., when. S 1547. Warrants drawn by him. (Repealed.) § 1548. Warrants, for e.xpenses and claims. § 1549. May appoint deputies. § 1550 Compensation of Deputy in cities. § 1551 Report and supervision of district boundaries. § 1552. Compensation and allowance of expenses. § 1553. Superintendent, when not to teach. § 1542. Section fifteen hundred and forty-two of the Political Code is hereby repealed. [Approv- ed February 27, and also March 30, 1874.] § 1543 School Superintendents. 306 Section 1542 was repealed by act approved Feb- ruary 27. 1874, and again by act approved March 13, 1874; Amendments 1878-4, 113 and 84; the lat- ter took effect from passage. § 1543. Ic is the duty of the county superin- tendent of each county: P'irst — To superintend the schools of his county. Second — 1. I'o apportion the school moneys to each school district, as proA'ided in section one thousand eight hundred and fifty-eight of this Code, at least four times a year. For this pur- pose he may require of the countj- auditor a re- port of the amount of all school moneys on hand to the credit of the .several school funds of the county not already apportioned; and it is hereby made the duty of the auditor to furnish such re- port when so required; and whenever an excess of money has accumulated to the credit of a school district by reason of a large census i*oll and a small attendance, beyond a reasonal>le amount necessary to maintain a school for eight months in such district for the year, the superintendent of schools shall place said excess of money to the credit of the unapportioned school funds of the county, and shall apportion the same as other school funds are apportioned. 2. If in any scliool distriv:-t there has been an average daily attendnnce of only five, or a number of pupils less than five, during the whole school year, the superintendent shall at once suspend the district, and reiy>rt the fact to the board of su- pervisors at their next meeting. The board of su- pervisoi-s, upon receiving such report from the superintendent, shall declare the di.strict lapsed, and shall attacli the territory thereof to one or more of the adjoining school districts in such manner as may be by them deemed most conve- nient for the residents of said lapsed district. 3. When any district has been declared lapsed, the board of supervisors shall sell or otherwise dispose of the pi-operty thereto belonging, and shall place the proceeds of such sale to the credit of the district. Thereupon the superintendent shall determine all outstanding indebtedness of said lapsed district, and shall draw his requisition upon the county auditor in payment thereof. Any balance of moneys remaining to the credit of said lapsed distiict sliall be transferred by the super- SOT School Superintendents. § 1543 iutendent to the nuapportioned school funds of the county, and shall be apportioned as other school tiiuds are apportioned. Should there not be sufficient funds to the credit of the lapsed district to liquidate all of the outstanding indebtedness thereof, tJie superintendent shall draw his requi- sition upon the county auditor pro rata for the several claims. I'hird — On the order of the board of school trus- tees, or board of education of any city or town havijig a board of education, to draw his requisi- tion upon the county auditor for all necessary ex- penses against the school fund of any district. The requisitions must be drawn in the order in which the orders therefor are filed in his office. Each requisition must specify the purpose for which it is drawn, but no requisition shall be drawn un- less tlio money is in the' fund to pay it, and no requisition shall be drawn upon the order of the board of school trustees or board of education against the funds of any district except the teach- ers' salaries, unless such order is accompanied by an itemized bill showing the separate items, and the price of each, in payment for which the order is drawn; nor shall any requisition for teachers' salaries be drawn unless the order shall state the monthly salary of teacher, and name the 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. It'ourth— To keep, open to the inspection of the public, a register of requisitions, showing the fund upon which the requisitions have been drawn, the number thereof, in whose favor, and for what puri)ose they were drawn, and also a receipt from the person to whom the requisition was delivered. Fifth — To visit and examine each school in his county at least once in each year. For every school not so visited the board of supervisors must, on proof thereof, deduct ten dollars from his salary. Sixth— To preside over teachers' institutes held in his county, and to secure the attendance there- at of lecturers competent to instruct in the art of teaching, and to report to the county board of edu- cation the names of all teachers in the county who fail to attend regularly the sessions of the insti- tute; to enforce the course of studv, the use of § 1543 School Superintendents. 308 text-books, and the rules and regulations for the exan]ination of teachers prescribed by the proper authority. Seventh— He shall have power to issue, if he deem it proper to do so, temporary certificates, valid until the next semi-annual meeting of the county board of education, to persons holding cer- tificates of like gi'ade granted in other counties, cities, or cities and counties, or upon any certifi- cates or diplomas upon which county boards are empowered to grant certificates without examina- tion, as specified in section seventeen hundred and seventy-five; provided, that no person shall be en- titled to receive sucli temporary certificate more than once in the same county. Eighth— To distribute all laws, reports, circu- lai's, instructions, and blanks which he may re- ceive for the use of school officers. Ninth— To keep in his oftice the reports of the superintendent of public instruction. Tenth— To keep a record of his official acts, and of all the proceedings of the county board of edu- cation, including a record of the standing, in each study, of all applicants examined, which shall be open to the inspection of any applicant or his au- thorized agent. Eleventh — Except in incorporated cities having boards of education, to pass upon and approve or reject all plans for seliool-houses. To enable him to do so, all boards of trustees, before adopting any plans for scliool buildings, must submit the same to the county superintendent for his ap- proval. Twelfth— To appoint trustees to fill all vacancies to hold until the first day of July succeeding such appointment; v.'hen new districts are organized, to appoint trustees for the same, who shall hold of- fice until tlie first day of July next succeeding their appointment. In case of the failure of the trustees to employ a janitor, as provided in sec- tion sixteen liundred and seventeen, subdivision seventh, of this Code, he shall appoint a janitor, who shall be paid out of the school fund of the district. Should the board of school trustees of any district fail or refuse to issue an order for the compensation for sucli service, the superintendent is hereby authorized to issue, without such order, his requisition upon the county school fund appor- tioned to such district. 309 School Supei-inteudeuts. §§ 1544-1546 Thirteenth— To make reports, when directed by the suocrintendeiit of public instruction, showing- such matters relating to the public schools in his •county as may be required of him. Fourteenth--To preserve carefully all reports of seliool officers and teachers, and, at the close of his official term, deliver to his successor all rec- ords, books, documents, and pai^ers belonging to the ofhce, taking a receipt for the same, vs^hich will be filed in the office of the county clerk. r'ifteenth— The county superintendent shall, un- less otherwise provided by law, in the month of July of each year, grade each school, and a record tliereof shall 'be made in a book to be kept by the county superintendent in his office for this pur- pose. And no teacher holding a certificate below the grade of said school-shall be employed to teacii the same. [Amendment approved March 16, 1895; Stats. 1S95, p. 60. In effect in sixty days.] § 1544. If he fails to make a full and correct report, as required under the provisions of sub- division fourteen of section fifteen hundred and forty-three, at the time fixed by the Superintend- ent "of Public Instruction, he forfeits one hundred dollars of his salary; and the Board of Supervis- ors, u]ion receiving from the Superintendent of Tublic Instruction notice of sucli failure, must deduct the amount forfeited from his salary. [Ap- proved March 15. 1889.] § 1545. He must, when there is sufficient mon- ey in the fund of any school district to maintain a free school therein for six months, if the trus- tees fail to have such school kept, appoint a teach- er, and open and keep such school, and may draw his requisition upon the county auditor, who shall draw his warrant upon the fund of such district for the expense incurred. [Amendment approv- ed April 7, 1880: Amendments 1880. p. 32. In ef- fect April 7, 1880.] Conforms to Const. Cal., art. 9, see. 5. § 1546. He may, in his discretion, require the trustees of any district to repair the school build- ings or property, or to abate any nuisance in or about the premises, if sucli repairs or abatement can he done for a sum not exceeding fifty dollars, and there is a sufficient amount of money in the §§ 1547-1550 School Superintendents. 310 treasury to the credit of the district. He may also in all cases require the trustees to provide suita- ble out-houses, and. where practicable, to adorn the grounds with fruit and ornamental trees and shri.ibl>pry; and if the trustees neglect to make such provision, he may cause it to be done, and pay for it on his requisition upon the county au- ditor, who shall draw his warrant payable out of any money to the ci'edit of the district. [Amend- ment approved April 7, 1880: Amendments 1880, p. 33. In effect April 7, 1880.] § 1547. Sections fifteen hundred and forty-sev- en, sixteen hundred and eighteen, and seventeen hundred and seventy-six of the Political Code are herebv repealed. [Repealed March 28. 1874; Amendments 1873-4, p. 111. In effect March 28, 1874.] § 1548. He may draw his requisition upon the county aufiitor. y\'hn shall draw his warrant on the unapportioned county school fund, in his own favor, for the binding of school documents, not to exceed twenty doUai-s a year; for postage and ex- pressage for his office, not to exceed two dollars for each district of his county, and for such other incidental expenses as may be authorized by law; provided, that not more than one half of such al- lowance sliall be used during the first six months of any school year, except by unanimous consent of tlie board of supervisors; and provided fur- ther, that in incorporated cities, each school con- taining three himdred pupils shall be considered equal to one school district. [Amendment ap- proved March 20, 1891; Stats. 1891, p. 155.] § 1549. Each county superintendent may ap- point a deputy, but no salary payable out of the school fund ' must be allowed such deputy. [Amendment approved March 28. 1874; Amend- ments 1873-4, p. 90. In effect March 28. 1874.] § 1550. The deputy school superintendent of any city, or city and county, havinc over thirty thonsand inhaliitants. may "receive such compen- sation as the board of education thereof pre- scribes, payable in the same manner and oiit of the same fund as the superintendent of schools tliereof is paid. [Amendment approved March 4, 1880; Amendments 1880. p. 40. In effect March 4, 1880.] 311 Scliool Superintendents. §§ 1551-1553 ^ 1551. Every school superintendent in this State must, on or before the lirst day of Julj' in each year, report to the superintendent of public instruction, and to the board of supervisors of his county, the number of children therein between the ages of five and seventeen years, as appears by tlie latest returns of the census marshals on tile in his otiice. It shall be the duty of every county superintendent to inquire and ascertain whether the boundaries of the school districts in his county are definitely and plainly described in the records of the boards of supervisors, and to keep in his office a full and correct transcript of such boundaries. In case the boundaries of dis- tricts are convicting, or incorrectly described, he shall report such fact to tlie board of supervisors, and the board of supervisors shall immediately take such steps as are necessary to chanse, har- monize, and clearly define them. The county su- perintendent, if he deem it necessary for the j^uid- ance of school census marshals, may order the de- scription of the district boundaries printed in pamphlet form, and pay for the same out of the county school fund. [Amendment approved March 23, 1893; Stats. 1893, p. 243. In effect immedi- ately.] Tliis section was also amended at the session of 1891: Stats. 1891, p. 156. § 1552. Each county superintendent shall re- ceive his actual and necessary traveling expenses, said expenses to be allowed by the board of super- visors, and to be paid out of the county general fund; provided, that this amount shall not exceed ten dollars per district per annum. [Amendment approvec' March 20, 1891; Stats. 1891, p. 156. J § 1553. No school supei'intendent who receives an annual salary of fifteen hundred dollars or more must follow the profession of teaching, or any other vocation that can conflict with his du- ties as superintendent; but those receiving less than fifteen hundred dollars per annum may teacli in the pu])lic schools of this State. [Amend- ment appi-oved March 23, 1893: Stats. 1893, p. 243. In effect immediately.] S§ 15G0-ir)63 Teachers' Institutes. 312 ARTICLE IV. TEACHERS' INSTITUTES. § 1560. To be held annually in certain counties. § 1561. When held in other counties. § 1562. Length of sessions. § 1563. Pay of teachers in attendance. § 1564. Expenses of Institute, how paid. § 1565. Teachers' Institute Fund. § 1560. The superintendent of every county in which there are twenty or more school districts, and of every city and county in the State, must hold at least one teachers' institute in each year; and every teacher employed in a public school in the county must attend such institute, and partic- ipate in its proceedings; provided, that cities em- ploying seventy or more teachers may have a separate institute, to meet at least once a year, the sessions to be of not less than three nor more than five days; and provided further, that teach- ers attending such city institute shall not be re- quired to attend the county institute. The ex- penses of such city institutes, not exceeding two hundi-ed dollars annually, shall be paid from the special school funds of said city. [Amendment approved March 23, 1893; Stats. 1893, p. 244. In effect immediately.] This section was also amended at the session of 1891: Stats. 1891, p. 156. § 1561. In any county in which there are less than twenty school districts, the county superin- tendent may, in his disci'etiou, hold an institute; Avhen directed by the county board of education, he shall hold an institute not oftener than once each year, at such tinle and place as the board may direct. [Amendment approved March 23, 1893; Stats. 1893, p. 244. In effect immediately.] § 1562. Each session of the Institute must con- tinue not less than three nor more than five days. § 1563. When the Institute is held during the time that teachers are employed in teaching, their pay must not be diminished by reason of their at- tendance. 313 Teachers' Institutes. §§ 1564, 1565 § 1564. The county superintendent must Iseep an accurate account of the actual expenses of said institute, with vouchers for the same, and draw his requisition upon the county auditor, who shall draw his warrant on the unapportioned county school fimd to pay said amount; provided, that such amount must not exceed two hundred dollars for any one year. [Amendment approved ]March 23, 1S93; Stats. 1893, p. 244. In effect im- mediately.] § 1505. Except for a temporary certificate, and except as provided in subdivision second of sec- tion one tliousand five hundred and three of the Political Code, every applicant for a teacher's cer- tificate, or for the renewal of a certificate, upon presentiuii" his application, shall pay to the county superintendent a fee of two dollar.s, to be by him immediately deposited with the county treasurer, to the credit of a fund to be known as the teach- ers' institute and library fund. All funds so cred- ited shall be drawn out only upon the requisition of the (!ounty superintendent of schools upon the county auditor, who shall draw his warrant in jjayment of the services of instructors in the coun- ty teachei's' institute; provided, they be not teach- ers in the public schools of the county in which such institute is held; and for the purchase of books foi- a library for the use of the teachers of the county. At least fifty per cent of the teachers' Institute and library fund shall be expended for books. The county superintendent shall take f -liar CO of the teachers' library, prepare a cata- logue of its contents, and keep a correct recoi'd of books taken therefrom and returned thereto. [Amendment approved March 23, 1893; Stats. 1893, p. 244. In effect immediately.] This section was also amended at the session of 1891: Slats. 1891, p. 156. Pol. Code-27. §§ 1575, 1576 School Districts. 314 ARTICLE V. SCHOOL DISTRICTS. § 1575. Names of districts. § 1576. What forms districts. § 1577. Formation of new and changing boundaries of old. § 157S. Duties of Superintendent on receipt of petition. § 1579. Duties of Supervisors on same. § 15S0. New district, when not to share in school moneys. § 1581. Action creating new districts void in certain events. § 1582. New district, when to share in school moneys. § 1583. Management of joint districts. § 1575. Every school district must be designat- ed by the name and style of " District (using the name of the district), of Coimty" (using tlie name of the cotinty in which .such district is situated); and in that name the trustees may sue and be sued, and hold and convey property for the use aud benefit of such district. A number must not be used as a part of the designation of any school district. § 1576. Every city or incorpoi-ated town, un- less subdivided by the legislative authority there- of, shall constitute a separate school district, which sliall be governed by the board of educa- tion or board of school trustees of such city or in- corporated town; provided, that whenever a city or town shall be incorporated the board of super- visors of the county may annex thereto, for school purposes only, tlie remainder, or any part of the remainder, of the district or districts from which such city or incorporated town was organized, whenever a majority of the heads of families re- siding therein, as shown by the last preceding school census, shall petition for such annexation; and provided further, that the board of supervis- ors may include more territory than the remain- der of the district or districts from which the cit.v or incorporated town Avas organized, when- ever a petition for such purpose is presented to them, signed by a majority of the heads of fami- lies, as sliown by the last preceding school census, residing in sucli additional territory. When said remainder or part thereof, or said additional ©ut- side territory, has been annexed to said city or 315 School Districts. § 1577 incorporated town, it shall be deemed a part of said city or incorporated town for the purpose of holding the general municipal election, and shall form one or more election precincts, as may be de- termined by the legislative authority of said city or incorporated town, the qualified electors of whicli shall vote only for the board of education, or the board of school trustees; and such outside territory shall be deemed to be a part of said city or incorporated town for all matters connected with the school department thereof, for the annual levying and collecting of the property tax for the school funds of said city or incorporated town: and for all purposes specified in sections one thou- sand eight liundred and eighty to one thousand eiglit huudred and eighty-eight of this Code, in- clusive. [Amendment approved March 23, 1893; Stats. 1S93, p. 2-15. In elTect immediately.] This section was also amended at the session of 1891: Stats. 1891, p. 157. As then amended, it read as follows: Every county, city, or incorporated town, unless subdivided by the legislative authority thereof, forms a school district; provided, that whenever a city or town shall be incorporated, the board of supervisors may, upon petition, annex thereto, for school purposes only, the remainder of the dis- trict or districts from which said city or town was organized, or any part thereof; and provided fur- ther, that whenever any territory shall be annexed to a city or an incorporated town for school pur- poses, the board of education or of school trustees of said city or incorporated town shall have full control, for school purposes only, of the territory or property so annexed. § 1577. First— No new school district shall be formed at any other time than between the first day of December and the fifth day of April, nor at that time unless the parents or guardians of at least fifteen census children, residents of such proposed new district, and i-esiding at a greater distance than two miles by a traveled road from the public school-house in the district in which said parents or guardians reside, pi'esent a peti- tion to tlie superintendent of schools, setting forth the boundaries of the new district asked for; pro- vided, that the provision requiring that the peti- tioners shall reside a distance of more than two § 1577 School Districts. 316 miles by a traveler! road from tlie said public school-bouse may be dispensed with when tlie petition sliall be siirned by the parents or guard- ians of fifty or more census children residents of a district containing more than three hundred cen- sus children. Second — The boundaries of a school district, ex- cept as provided in section one thousand five hun- dred and fifty-one of the Political Code, shall be changed only between the first day of January and the fifth day of April in any year, and then only when at least ten heads of families residing in the districts affected by the proposed change of boundaries shall present to the superintendent of schools a petition setting forth the changes of boundaries desired, and the reasons for the same; pi-ovided, tliat two or more districts lying contig- uous may, at any time, be united to constitute but one district, whenever a petition signed by a ma- jority of the heads of families residing in each of said districts shall be presented to the superintend- ent of scliools. Third — Joint districts — that is, districts lying partly in one county and partly in another — may be formed at any time between the first day of December and the fifth day of April in any year, whenever a petition signed by the parents or guardians of at least fifteen census children, resi- dents of such proposed joint district, and residing at a greater distance than two miles by a trav- eled road from any public school-house, shall be presented to the superintendent of eacli county af- fected by the proposed formation of tlie joint dis- trict; and provided further, that the provision requiring that the petitioners shall reside a dis- tance of more than two miles by a traveled road from any public school-house may be dispensed Avith when the petition shall be signed by the parents or guardians of fifty or more census chil- dren residents of districts any one of Avhich con- tains more than three hundred census children. All the provisions relative to the formation of joint districts shall be by concurrent action of the superintendent and the board of supervisors of each county affected. Fourth — The children residing in any newly formed district, in any district whose boundaries have been changed, or in any joint district, shall be permitted to attend the school in the district or 317 School Districts. §§ 1578-ir)81 districts from wliicb tlie newly formed district was constituted until tlie first day of July next succeeding the formation or change. Fifth- -Whenever a district shall be united with a municii)ality, or with another district, all funds belonainii' to said district shall be transferred by requisition of tlie superintendent of the county upon the county auditor, to the municipality or district with which said district is united. [Amendment approved March 23, 1893; Stats. 1S93, p. 245. In effect immediately.] § 1578. After giving due notice to all parties interested, by sending notice by registered mail to each of the trustees of any school district that may be affected by the projjosed change, or by causing notices to be posted in three public places in each district affected, one of which shall be at the door of the school-house of said district, for at least one week, the county superintendent must transmit the petition to the board of supervisors, with his approval oi- disapproval. If he approves the petition he may note such changes in the boundaries as lie may think desirable. [Approved March 15, 1889.1 § 1579. The board of supervisors must, at their first meeting after the receipt of the petition, act upon the same. If the board establishes the dis- trict, they may do so in accordance with the orig- inal prayer of the petition, or with such modifica- tions as they choose to make. " [Amendment ap- proved March 28. 1874: Amendments 1873-4, p. 93. In effect ISlarch 28, 1874.] § 1580. Section fifteen hundred and eighty of the Political Code is hereby repealed. [Approved March 15, 1889.] § 1581. After the making of an order by the board of supervisors creating a new district, the scliool must be opened therein not later than rhe second INloiiday of September in the year in whicli the ordei' was made; otherAA-ise said order shall be null and A^oid. [Amendment approved March 23, 1893; Stats. 1893, p. 24ti. In effect immediately.] Thi;3 section was also amended at the session of 1891: Stats. 1891, p. 157. As then amended, it read as follows: §§ 1582, 1583 School Districts. 318 Unless witb-in six months after the making: of an order creating a new school district, school is opened therein, the order shall cease to have ef- fect. § 1582. Section fifteen hundred and eighty-two of the Political Code is hereby repealed. [March 15, 1889.] § 1583. Whenever a district lies partly in one county and partly in another, the county superin- tendent miist apportion to such district such pro- portion of the school money to which such dis- trict is entitled as the number of school census children residing in that portion of the district situated in his county bears to the whole number of school census children in the whole district. The text-boolvs to be used and the rules govern- ing the school in such district shall be those adopt- ed by the board of education of the county in which the school-house in said joint district is located. The trustees and teachers of joint dis- tricts shall malve to the superintendents of each county in which the district is located the reports which other trustees and teachers are required to make, and also the number of pupils attending the school from each county. The teacher in such joint district shall not be required to hold a cer- tificate in both counties. [Amendment approved March 23, 1893; Stats. 1893, p. 24G: in effect imme- diately.] This section was also amended at the session of 1891: Stats. 1891. p. 157. 319 Elections for School Trustees. §§ 1593, 1594 ARTICLE VI. ELECTIONS FOR SCHOOL TRUSTEES. § 1593. Elections for Trustees, when and where held. § 1594. Elections in new districts. § 1595. Notices of election. § 1596. Judges and Inspectors, how appointed. § 1597. Opening and closing polls. § 1598. Who may vote. § 1.599. Voting must be by ballot. § 1600. Challenges. § 1601. Poll lists. § 1602. Certificates of election. § 1593. An election for school trustees must be held in each school district on the first Friday of June of each j^ear. at the district school-house, if there is one, and if tliere is none, at the place to be designated by the board of trustees. 1. The number of school trustees for any school district, except wliere city boards are otherwise autliorized by law, sliall be three. No person shall be deemed ineligible to the office of trustee on ac- count of sex. 2. In new school districts, tlie school trustees shall be elected on the first Friday of June sub- sequent to the formation of the district, to hold office for one, two, and tliree years respectivfely, from the first day of July next succeeding their election. 3. When a vacancy occurs from any of the causes specified in section nine liuudred and ninety-six of this Code, the superintendent shall appoint a suitable person to till such vacancy, until the first day of .luly next succeeding the appointment, and a party shall be elected at the next June election, to hold office for the remainder of the term. 4. Except as provided in subdivisions two and three of tliis section, one trustee shall be elected annually, to hold office for three years, or until his successor shall be elected and qualified. [Amendment approved March 23, 1893; Stats. 1893, p. 247; in effect immediately.] § 1594. Section fifteen hundred and ninety-four of the I'olitical Code is hereby repealed. [March 15, 1889.] §§ 1595-1599 Elections for School Trustees. 320 § 1595. Not less than ten days before the elec- tion required under section fifteen hundred and ninety-three, tlie Trustees must post notices in three public places in the district, -svhieh notices must specify the time and place of election, and the hours during: which the polls will be kept open: if within five days of the election the Trus- tees have failed to post the notices required under this section, then any three electors of the dis- trict may sive notice of such election. [Amend- ment approved March 28. 1874: Amendments 1873- 4, p. 93; in effect March 28, 1874.] § 1596. Trustees must appoint one inspector and two judges of election; if none ai'e so ap- pointed, or if those appointed are not present ai the time for opening the polls, the electors present may appoint them, and they shall conduct the election. [Amendment approved March 23, 1893; Stats. 1893, p. 247; in effect immediately.] This section was also amended at the session of 1891: Stats 1891, p. 157. § 1597. In districts in which the number of cliildren between five and, seventeen years of age exceed five hundred, the polls must be opened at eight o'clock a. m.. and kept open until sundown. In other districts the polls must not be opened be- fore nine o'clock a. m.. nor kept open less than four hours. [Amendment approved April 7. 1880; Amendments 1880. p. 35; in effect April 7, 1880.] § 1598. Every qualified elector of the county. Avho has resided in the district for thirty days next preceding the election, may vote thereat. [Amendment approved April 7. 1880; Amendments 1880. p. 35; in effect April 7, 1880.] § 1599. The voting must be by ballot (^without I'cferencc to tlie general election law in regard to nomin.ntions. form of ballot, or manner of voting), which sliall be handed by the elector voting to the _ inspector, who shall then, in his presence, deposit ' the same in the ballot-box, and the judges shall enter the elector's name on the poll list. [Amend- ment approved :\Iarch 23, 1893; Stats. 1893. p. 247; in effect immediately.] This section was amended at the session of 1891 (Stats. 1891, p. 157i. as follows: 321 Elections for School Trustees. §§ 1600-1602 The voting must be by ballot; provided, that the provisions of sections eleven hundred and eighty- seven and eleven hundred and ninety-one of the Political Code may be dispensed with; but in all other respects it shall conform to the provisions of the general election law. § 1600. Any person offering to vote may be challenged by any elector of the district, and the judges of election must thereupon administer to the person challenged an oath, in substance as follows: "You do swear that you are a citizen of the United States, that you are twenty-one years of age, that you have resided in this State one year, in tliis county ninety days, and in this school district thirty days next preceding this election, and that your name is on the Great Register of this county, and that you -have not before voted this day." If he takes the oath prescribed in this section, his vote must be received, otherwise his vote must be rejected. [Amendment approved April 7, 1880; Amendments 1880, p. 35; in effect April 7, 1880.] § 1601. A poll and tally list must be kept and returned to the Board of Trustees. § 1602. The officers of election must publicly canvass the votes immediately after closing the polls, and malce, sign, and deliver cei'tiflcates of election to the person or persons elected, which must, with the oatii of office of the person so elected attached, be forwarded to the county superintendent of schools, and filed in his office. [Amendment approved March 23, 1893; Stats. 1893, p. 248; in effect immediately.] §§ 1611-1614 Trustees and City Boards. 322 ARTICLE VII. BOARDS OP TRUSTEES OF SCHOOL DISTRICTS, AND CITY BOARDS OF EDUCATION. § 1611. School district government. § 1612. Terms of otRce, new districts, etc. § 1613. Term of office. § 1614. Vacancies, how filled. § 1615. Trustees of old, hold over in new, districts. § 1316. Boards of Education provided for by special stat- utes. § 1617. General powers of Boards of Trustees and of Edu- cation. § 1618. Teachers' salaries in certain cities. [Repealed.] § 1619. Must maintain all schools for equal length of time. § 1620. Stationery, etc., to be furnished to pupils. § 1621. School moneys, how used. § 1622. Same. § 1623. Liabilities of Trustees on contracts. § 1624. Liability of Board for dereliction as to school moneys. § 1625. Repealed. § 1611. Except ■when otherwise authorized by laAV, every school district sliall be under the con- trol of a Board of Scliool Trustees, consistin.ir of three members. [Amendment approved April 7, 1880; Amendments 1880. p. 36; in effect April 7, 1880. J § 1612. Section sixteen hundred and twelve of the Political Code is lierel^v repealed. [Act of March 15, 1889.] (Statute 1889, p. 185.) § 1613. The term of office of school trustees is three years, from the first day of July next suc- ceeding their election. [In effect Mai'ch 15. 1887.] § 1614. First. Vacancies in the office of school trustee are caused by the happening of any of the events specified in section nine hundred and ninety-six of the Political Code, or by failure to elect, as provided in section one thousand five hundred and ninety-three of this Code. Second. When a school trustee resigns, his res- ignation must be sent in writing to the county superintendent of schools. [Amendment approved 323 Trustees and City Boards. §§ 1615-1617 March 23, 1893; Stats. 1893, y. 248; in effect imme- diately.] § 1615. First. When a new district is organ- ized, such of the trustees of the old district as reside within the boundaries of the new shall be trustees of the new district until the expiration of the time for which they were elected. Second. When joint districts are formed, three trustees shall be elected at the June election next succeeding the formation thereof, to hold oflice for one, two, and three years, respectively, from the first day of July next succeeding their election. The terms of the trustees in the districts uniting to form the joint district shall expire on the for- mation of said joint district, and the superintend- ent of the county in which lies the district having the greater number of census children shall ap- point two trustees, and the superintendent of the county in which the other district lies shall ap- point one trustee, to hold office until the first day of July next succeeding the formation of the joint district. [Aniendment approved March 23, 1893; Stats. 1893, p. 248; in effect immediately.] § 1616. Boards of Education are elected in cities under the provisions of the laws governing such cities, and their powers and duties are as prescribed in such laws, except as otherwise in this chapter provided. [Amendment approved April 7. 1880; Amendments 1880, p. 36; in effect April 7, 1880.] § 1617. The powers and duties of trustees of school districts, and of boards of education in cities, are as follows: First. To prescribe and enforce rules, not in- consistent with law or those prescribed by the state board of education, for their own govern- ment and government of schools, and to transact their business at regular or special meetings, called for sucli purpose, notice of which shall be given each member. Second. To manage and control the school prop- erty within their districts, and to pay all moneys collected by them, from any source whatever, for school purposes, into the county treasury, to be placed to the credit of the special fund 'of their districts. §*1617 Trustees and City Boards. 324 Third. To purchase text-boolis of the state ser- ies for the use of pupils whose parents are unable to purchase them, school furniture, including or- gans and pianos, and apparatus, and such other things as may be necessary for the use of schools, provided, that, except in incorporated cities having boards of education, they purchase such boolis and apparatus only as have been adopted by the county board of education. Fourth. To rent, furnish, repair, and insure the school property of their respective districts. Fifth. When directed by a vote of their district, to build school-houses or to purchase or sell school lots. Sixth. To make, in the name of the district, con- veyances on all property belonging to the district, and sold by them. Seventli. To employ the teachers, and, except- ing in incorporated cities having boards of educa- tion, immediately notify the superintendent of schools, in writing, of siich employment, naming the grade of certificate held by the teachers em- ployed; al.so. to employ janitors and other em- ployees of the schools; to fix and order paid their compensation, unless the same be otherwise pre- scribed by law; provided, that no board of trustees shall enter into any contract with such employees to extend beyond the thirtieth day of June next ensuing. Eighth. To suspend and expel pupils for mis- conduct. Ninth. To exclude from schools children under six years of age; provided that in cities and towns in wliich thelvindergarten has been adopted, or may hereafter be adopted, as a part of the public priiuaiT schools, children may be admitted to sncli Ivindergarten classes at the age of four years. Tenth. To enforce in schools the course of study and the use of text-books prescribed and adopteii by the proper authority. Eleventh. To appoint district librarians, and en- force the rules prescribed for the government of district libraries. Twelfth. To exclude from school and school li- braries all books, publications, or papers of a sectarian, partisan, or denominational character. Thirteenth. To furnish books for the children of parents unable to purchase them; the books so fninished to belong to the school district, and to 325 Trustees and City Boards. § 1G17 be kept iu the district scliool library when not in use. Fourteenth. To Iceep a register, open to the in- spection of the public, of all children applying for admission and entitled to be admitted into the public scliools, and to notify the parents or guar- dians of such children when vacancies occur, and receive such children into the school in the order in which they are registered. Fifteenth. To permit children from other dis- tricts to attend the schools of their district only upon the consent of the trustees of the district in which such childre'n reside: provided, that should the trustees of the district in which chil- dren whose parents or guardians desire them to attend in otlier districts reside refuse to grant their consent, the parents or guardians of such children may appeal to the county superintendent and his decision shall be final. Sixteenth. On or before tlie first day of April in each year, to appoint a school census marslial, and notify the superintendent of schools thei'eof; provided, tliat in any city, or city and county, the appointment of all school census mai'shals shall be subject to the approval of the city superintendent of schools. Seventeenth. To make an annual report, on or before tlie first day of July, to the superintendent of scliools, in the manner and form and on the blanks prescribed by the superintendent of public instruction. Kigliteenth. To make a report, whenever re- quired, directly to the superintendent of public instruction, of tlie text-books used in their schools. Nineteenth. To visit every school in their dis- trict at least once in each term, and examine care- fully into its management, condition, and wants. This clause to apply to each and every member of the board of trustees. Twentieth. Boards of trustees may, and upon a petition signed by a ma.iority of the heads of fam- ilies resident in the district as shown by the last preceding school census must, call meetings of tlie qualified electors of the district for determining or changing tlie location of the school-house, or for consultation in regard to any litigation in which the district may be engaged, or be likely to be- come engaged, or in regard to any affairs of the district. Such meetings shall be called by posting Pol. Code— 28. § 1G17 Trustees and City Boards. 326 three notices in public places, one of which shall be in a conspicuous place on the school-house, for not less than ten days previous to the time for which the meetina; shall be called, which notices shall specify the purposes for which said meeting shall be called; and no other business shall be transacted at such meetings. District meetings shall be organized by choosing a chairman from the electors present, and the district clerk shall be clerk of the meeting, and shall enter the min- utes thereof on the records of the district. A meeting so called shall be competent to instruct the board of trustees. 1. In regard to the location or change of loca- tion of the school-house, or the use of the same for oilier than school purposes: provided, that in no case shall the school-house be used for purposes Avhicli necessitate the removal of any school desks or other school furniture. 2. In regard to the sale and purchase of school sites. .■{. In regard to prosecuting, settling, or com- j)romising any litigation in which the district may he engaged, or be" lilvcly to become engaged, and may vote money, not exceeding one hundred dol- lars in any one year, for any of these purposes, in addition to any amount which may be raised by the sale of district school property, and the insurance of property destroyed by fire; provided, that the proceeds of the insurance of the library and apparatus shall be paid into the libraiT fund. All funds raised by the sale of school property may be disposed of by direction of a district meet- ing. District meetings may be adjourned from time to time, as found necessary, and all votes in- structing the board of trustees shall be taken by ballot, or by ayec and noeg vote, as the meeting may determine. The board of trustees shall, in all cases be bound by the instructions of the dis- trict meeting in regard to the sul).iects mentioned in this section; provided, that the vote in favor of changing the location of the school-house shall be two-thirds of all the electors voting at said meet- ing upon the proposition to change the location. [Amendment approved March 2.3. 1893; Stats. 1893, p. 248; in effect immediately.] This section was also amended in 1891: Stats. 1891. p. 158. Act prohibiting soliciting of supervisor: See post, Appendix, p. lOol. 327 Trustees and City Boards. §§ 1618-1621 Act to prevent discrimination against female teachers: See General Laws, title "Schools." § 1618. Section sixteen hundred and eighteen of the Political Code is hereby repealed. [March 15, 1889.] § 1619. First. The boards of school trustees and city boards of education must maintain- all the schools established by them for an equal length of time during the year, and, as far as prac- ticable, with equal rights and privileges. Second. When, in any district, it is necessary for the convenience of the residents of said dis- trict that the school therein should be maintained a part of the year in one portion of the district, and a jiart of the year in another portion of the district, the aggregate of- the time the school has been maintained in the different portions of the district shall be considered in estimating the time for which a school has been maintained in the district during the school year. [Amendment ap- proved March 23, 1893; Stats. 1893, p. 251; in effect immediately.] § 1620. Writing and drawing paper, pens, inks, blackboards, blackboard rubbers, crayons, and lead and slate pencils, and other necessary sup- plies for the use of the schools, must be furnished under the direction of the city boards of educa- tion and boards of school trustees, and charges therefor must be audited and paid as other claims against the county school fund of their districts are audited and paid. [Amendment approved March 23, 1893: Stats. 1893, p. 251; in effect imme- diately.] § 1621. The boards of school trustees and city boards of education must use the school moneys received from the state and coimty apportion- ments exclusively for the support of schools for that school year, until at least an eight mxjnths' school has been maintained: if at the end of any year during which an eight months' school has been maintained there is an unexpended balance. It may be Tised for the payment of claims against the district outstanding, or it may be used for the year succeeding. Any balance remaining on hand §§ 1622-1(324 Trustees and City Boards. 32S at the end of any school year in which school has not been maintained eight months shall be reap- portioned by the superintendent of schools as other moneys are apportioned; provided, that if a district has been prevented from maintaining a school for eight montlis in any year in conse- quence of fire^ flood, prevailing epidemic, or other cause, whicli may, upon investigation by the sup- erintendent of the county, be determined to be a good and sutticieut one, said balance shall not be reapportioned. [Amendment approved March 23, 1893: Stats. 1893, p. 251; in effect immediately.] But see Stat. 1880, 75 (Ban. ed., 201), as to the August apportionment of 1880, to be used to pay salaries of teachers for services prior to June 30, 1880. § 1622. Boards of trustees may use the county school moneys for any of the puiposes authorized by this chapter, but all State school moneys mu.st. except the ten per cent reserved for district school library purposes, be applied exclusively for the payment of teachers of primary and grammar schools. [Amendment approved April 7. 1880; Amendments 1880, p. 38; in effect April 7, 1880.] Conforms to Const. Cal., art. 9, sec. 6. § 1623. Boards of trustees are liable as such. in the name of the district, for any judgment against the district for salary due any teacher on contract, and for all debts contracted under the provisions of this chapter, and they must pay such .iudgment or liabilities out of the school moneys to the credit of such district: pa-ovided, that the contracts mentioned in this section are not in ex- cess of the school moneys accruing to the district for the school year for which the contracts are made, otherwise the district shall not be held liable. [Amendment approved March 28, 1874: Amendments 1873-4, p. 95; in effect March 28. 1874.] § 1624. If any board of trustees, or city board of education, fail to appoint a census marshal at the proper time, and through such failure the dis- trict is omitted in the apportionment of school moneys, the trustees or members of the city board of education are jointly and severally personally 329 District Census Marshals. S§ 1G34, !(>.% liable to the district for the full amouut which the district would have received but for such failure; and the amount may be recovered in an action brought by any citizen of such district or city, in the name of and for the benefit of tlie district or city. [Amendment ajjproved April 7, 1880; Amendments 1880, p. 38; in effect April 7, 1880.] (See sees. 1634-1640.) § 1625. Repealed: Stats. 1891, p. 164. ARTICLE VIII. DISTRICT CENSUS MARSHALS. § 1634. Duty of Census Marshal. § 1635. Where district in two counties. S 1636. Report of. S 1637. Children absent at school to be listed. § 1638. Children of non-residents, when not to be included. S 1639. Compensation of Marshal. § 1640. Failure to report a misdemeanor. § 1634. It is the duty of the census marshal: First. To take annually, between the fifteenth and thirtieth days of April, inclusive, a census of all children, including the children of Indian parents who pay taxes, or Avho are not living in the tribal relation, under seventeen years of age, who were residents of his district on said fifteenth day of Api'il. Second. To report the results of his labors to the superintendent of schools (or to the board of education in cities), on or before the tenth day of May in each year. Third. He shall visit each habitation, home, res- idence, domicile, or place of abode in his district, and by actual observation and interrogation enu- merate the census children of the same. Fourth. Befoi'e entering upon the discharge of his duties as such, the census marshal must qual- ify and file his oath of office in the office of the superintendent of schools. [Amendment approved March 23, 1893; Stats. 1893, p. 251; in effect imme- diately.] § 1635. Whenever a le lo- cation are offered or can be procured for a con- sideration or at a rental which would make it adAnsable to accept the same, tliey shall liave the power to secure or lease such apartments or build- ing for a period not to exceed three years from the date of its acceptance. Should it be impossible to secure siich apartments or buildings, or should such representatives deem it not advisable to se- lect the same, or should they secure or lease the same, then at such time before their contract ex- pires as they may deem necessary, they shall Pol. Code-29. § 1670 Schools. 338 notify the county superintendent of schools that they desire to meet to locate tlie school. There- after the representatives so chosen shall meet iu conjunction with the county superintendent of schools, at a time and place to be named by the superintendent, for tlie purpose of determining the location of the union high school. At such meet- ing tlie superintendent shall be the chairman, and shall be entitled to vote and participate in all its proceedings.- Should the above representatives fail to unanimously agree upon a location for the high school, tliey shall propose, in writing, to the county superintendent then present, or if he is not present, they shall transmit to his office within ten days the names of the locations which they favor. Within twenty days after receiving such notice the superintendent shall call an election as lirovided in subdivision fourth hereof, to deter- mine the location of the higli school. At such elec- tion only such sites as have been named by the representatives and certified to the county super- intendent shall be voted upon. Any form of ballot by which the voter signifies his choice of location shall be allowed. The result of said election sliall be determined and certified to the county superin- tendent, as provided in said subdivision fourth. The location which receives the largest number of votes shall be chosen as tlie location of the high school. '' No change of location of any high school, when once estabiislied, shall lie made except upon a petition to the county superintendent of schools, signed by two-thirds of the lieads of families of tlie liigh'scliool district, and then only in accord- ance with all of the provisions for the original location of the school, as contained in subdivis- ions four and five of this section. Seventh. In any city, incorporated town, or school disti'ict which shall have established a high school, tlie board of education, or board of school trustees, shall constitute the high school board, ■ and shall liave the management and control of said high school. Eighth. In union high school districts composed of more than two school districts, the high school board shall be composed of one member elected from each district composing the high school dis- trict at the time, and in the manner prescribed for the election of school trustees, except as other- wise provided in this act. The superintendent (or 339 Schools. § 1670 superiutendeuts by concurrent action in joint liigh school districts) shall, in union high school dis- tricts composed of three or more school districts, divide the districts composing" the union high school district into three classes, as neai'ly equal in number of school districts as possible, to be designated by him as Class A, B, and C, respect- ively. At the first annual school election follow- ing the passage of this act. the districts in Class A, as above divided and designated, shall each elect a high school trustee for one year; the dis- tricts in Class B shall each elect a high school trustee for two years; the districts in Class C shall each elect a high scliool trustee for three years. At each annvial election thereafter, as terms of office expire, the high school trustees shall be elected for three years, and in case of ex- piration of term of appointment, for the unexpired term. Vacancies in the hig^i school board shall be filled by appointment by the county superintend- ent of schools (and in case of joint union high school districts, by appointment of the county superintendent of the county in whicli the vacancy occurred), the appointee or appointees to hold until the first day of July succeeding the ap- pointment. The trustees sei'ving on union high school boards, composed of more than two school districts at tlie time of tlie approval of tliis sec- tion as hereby amended, shall liold imtil their successors are elected, and shall qualify under the provisions hereof; in the formation of new iinion or joint union high school districts, tlie represent- atives selected according to the provisions of sub- division sixth of this section shall constitute the union or joint union high school board until the election or appointment and qualification of the regular board as herein provided. In union high school districts consisting of but two school dis- tricts, the union high school board shall be com- posed of the boards of school trustees of both said districts. Ninth. The union high school board shall meet within ten days subsequent to the locating and naming of the union higli school by the parties selected for that puiiioso, and shall organize l>y electing a president and a. clerk from their own number, to serve until the second Saturday of July next succeeding their election: and thereafter tlie board shall meet and organize in the same § 1670 Schools. 340 manner on the second Saturday of July of each and every year. Tenth. The hisrh school boards shall hold regu- lar monthly meetings at the high school building, at such time as may be provided in the rules and regulations adopted by them for their own govern- ment. Special meetings may be held at the call of the president of the respective boards. Upon the request, in writing, signed by a majority of any board, the president of said board shall call a meeting thereof. Of all special meetings of any board the members thereof shall have at least two days' notice, issued and served by the clerli thereof. At special meetings no business shall be transacted other than as specified in the call therefor; provided, that in union high school dis- tricts composed of more than two districts the reg- ular meetings as above provided shall be quar- terly; and provided fifrtlier, that the union high school board in said union high school districts may appoint an executive cornmittee, consisting of the president and secretary and one other mem- ber of the board, no two of whom shall be from the same school district, to attend to the routine business of the board, their action to be reported to the board for ratification at its first regular meeting ensuing. Eleventh. The powers and duties of the high school boards shall be such as are now or as may hereafter be assigned by law to boards of educa- tion, or boards of school trustees, including the provisions of sections one thousand eight hundred and eighty to one thousand eight hundred and eighty- eight, inclusive, of the Political Code, relating to the voting and issuance of bonds, ex- cept as otherwise provided in this section. Twelfth. The course of study for the respective high schools shall be prepared by the high school board, and, except in cities and incorporated towns, shall be subject to the approval of the county board of education. Said course of study shall embrace a period of not less than three years: and it shall be sucli as will prepare gradu- ates therein for admission into the State Univer- sity. The high school board may prescribe an additional coiirse or additional courses of stiidy, subject to the approval, as hereinbefore provided. The text-boolvs to be used in all high schools shall be uniform throughout the state, and shall be .'',41 Schools. § 1G70 adopted by the high school board, subject to the same restrictions provided for the adoption of the course of study, from a list of books prepared and submitted by the accrediting- board of the State University. The state series shall be used in grades and classes for which they may be adapted. Thirteenth. Graduates of tlie grammar schools shall be admitted to the high schools without ex- amination. Other applicants of the high school district may be admitted in accordance with such rules as may be prescribed by the high school board; provided, that no applicant shall be admit- ted to the high school who has not practically completed the work of the grammar grades of the county in which the high school is located; pro- vided, that in high schools where the course of study embraces aperiod of four years, pupils who have completed the coiirse-of study prescribed for the seventh grade, may, upon passing a satisfac- tory examination, be admitted. Proficiency is to be determined by the principal, subject to ap- proval by the county board of education. The high school board may admit pupils not residing in any high school district, upon the payment of such tuition fees as they may deem proper, and all moneys collected from this soui'ce shall be paid into the fund provided for the support of the high school. Fourteenth. In any city, incorporated town, school district, or union high school district which sliall have voted to establish and maintain a high school, it shall be the duty of the high school board therein, to furnish to the authorities whose duty it is to levy taxes, on or before the first day of September, an estimate of the cost of purchas- ing a suitable lot, of procuring plans and specifi- cations, and erecting a suitable building, of fur- nishing the same, and of fencing and ornamenting the grounds for the accommodation of the school, and of conducting the school for the school year, unless such high school board have secured or leased temporary accommodations or apartments for the use of such high school, as provided in sub- division sixth hereof. If such high school board have secured or leased such temporary quarters, accommodations, or buildings, they shall furnish to sur-h authorities an estimate of the amount of money required to establish, operate, and main- lain such school in such temporary quarters or § 1070 Schools. 342 location for the ensuing school year. On the first day of September before the time when it will become necessary by reason of the termination of their lease or agreement, or from any other rea- son, they shall make arrangements for another lease for a further period of three years, or they shall furnisli to the authorities whose duty it is to levy taxes, an estimate of the cost of purchas- ing a suitable lot, of procuring plans and specifi- cations, and erecting a suitable building, of fur- nishing the same, and of fencing aud ornamenting the grounds, for the accommodation of the school, and of conducting the school for the school year. It shall be the duty of said board, each and every year Tliereafter, to present to said authorities, on or before the first day of September, an estimate of the amount of money required for conducting the school for the school year. Fifteenth. When such estimates shall have been made aud submitted it shall be the duty of the authorities whose duty it is to levy taxes in said city, incorporated town, school district, or union liigh school district, to levy a special tax upon all of the taxable property of said city, in- corporated town, school district, or union high school district, suflicieut in amount to maintain the high school, or to purchase the site, erect the l)uilding, or improve the building, or grounds. Said tax shall be computed, entered upon the tax roll, and collected, in the same manner as other taxes are computed, entered, and collected. Sixteenth. Should the iiigh school board of any city, incorporated town, school district, or union high school district, fail to make the estimate pro- vided for in subdivision fourteen of this sec- tion, it shall be the duty of the superintendent of Schools, upon the petition of five qualified electors thereof, to make sucli estimate. Seventeenth. Should the authorities whose duty it is to levy the tax. as provided in subdivision fifteen of this section, fail to make the levy pro- vided for, it sliall be the duty of tlie County' Aud- itor to make such levy, and add it to the tax roll of said city, Incorporated town, school disti'ict, or union high scliool district. P^ighteenth. All moneys collected from the levy of tlie tax provided for by this section shall be paid, in cities and incorporated towns, into the treasury thereof, to the credit of the high school 343 Schools. § If.TO fund; and said moneys shall be paid out by the treasurers of said cities or towns upon the war- rants of the high school board, signed by the pres- ident and clerk thereof. Nineteenth. All moneys collected from said levy in scliool districts, or union high school districts, shall be paid into the county treasury to tlie credit of tlie district higli scliool fund, or the union high school fund, respectively, and shall be paid out on tlie order of the high school board, signed by the president and clerlv thereof, as other school moneys are paid out. Twentieth. Nothing in this section shall be con- strued as preventing all of the school districts in any co-uuty from uniting to form one or nnn-e county high schools; provided, that when any city, incorporated town, schooL district, or union high school district shall vote to maintain a high school, such territory sliall be exempt from taxa- tion to support a county liigli school; and provided further, that when any city, incorporated town, school district, or union high school district shall establish a high scliool prior to the submission of the proposition to establish a county high school, the electors of such city, incorporated town, school district, or union liigh scliool district shall be ex- cluded from voting upon said proposition; pro- vided further, that in counties where one or more city high schools, district high schools, or union district high schools are maintained, the lioard of supervisors shall. u))on the petition of two-thirds of the heads of families in tlie city higli scliool dis- trict, district high school district, and in each school district composing the union high school district or districts, if there be more than one in the count.v. submit to all the qualified electors of the county the question of establishing and main- taining a county high school, and shall take such further steps as provided in section sixteen hun- dred and seventy-one of this Act, relating to higli schools. If the majority of all the votes cast on the jiroposition to establish a county high school are in the affirmative, the l)oard of supervisors shall, upon the establishment of tlie same, declare the high school or high schools existing in the county at the time of the election for a county high school, to be lapsed, and the property of such lapsed high school or schools shall be held or § 1070 Schools. 344 sold by the board of supervisors for the benefit of the county high school. Twenty-first— A school district cannot lie partly within a high school district, or a union or a joint union high school district, and partly without; and in all cases where the boundaries of a school dis- trict compi-ised within any such high school dis- trict shall for any cause be changed to include territory not previously in such district, the terri- tory acquired or added to such Included district, shall become and constitute a part of the high scliool or union or joint union high school district. T\'here the boundaries of the districts constitut- ing the union or joint union district are so chang- ed as to increase the number of districts within its territory, the new school district or districts so created shall continue to be part of the high school district, and after the first day of July next suc- ceeding its creation, it shall be entitled to repre- sentation upon the high school board. Twenty-second — Any school district adjacent to a high school, union, or joint union high school district, may be admitted to said high school dis- trict by action of the board of supervisors of the county in which the school district is located, upon such terms as may be agreed upon between the trustees of the school district seeliing admission, and the high school board, whenever a majority of the heads of families, as shown by the last preceding school census, shall present to said board of supervisors a petition for such annex- ation, accompanied by a petition signed by a ma- jority of the members composing the high school board of the district to whicli admission is de- sired. Any district contained in a union or joint union high school district may, in lilie manner, withdraw from such union or joint union district by action of the board of supervisors of the coun- ty .in which the district is located, upon such terms as may be agreed upon between the trus- tees of the school district seeking to withdraw, and the high school board, Tvhenever a majority of the heads of families constituting the union or joint union high school district, and two thirds of the heads of families residing in the district seeking to withdraw, as shown by the last pre- ceding school census, shall present to such board of supervisors a petition consenting to such with- draA\'al. accompanied by a like petition signed bj- 345 Schools. § 1670 a majority of the members composing the high school board. Twenty-third — When the average daily attend- ance of pujiils in any I iigh scliool during the whole of any school year, after the first school year, shall be ten, or less than ten, the superintendent of schools shall suspend the school in said district, and shall report the fact to the board of supervis- ors. Upon I'eceiving such report from the super- intendent, the board of supervisors shall declare the high school lapsed, and shall cause the proper- ty thereof to be sold. All moneys receiverl fron» the sale of the property of the high school district, and all moneys in tlie treasury to the credit of said high school, shall be distributed by the coun- ty superintendent to the districts composing the high school district, in proportion to the assessed valuation of property in said districts. Twenty-fourth— Any high school district that has existed three years or more, whether embrac- ing one or more school districts, union or joint union, now organized and existing, or which may hereafter be establlslaed, may disincorporate and be dissolved and disestablished in the following manner: A petition signed by two thirds of the heads of families, as shown by the last preceding school census of the hij^h sfhool distrii-r so petitioninii. shall be presented to the county superintendent of public schools, which petition shall set forth brief- ly the reason for disincorporation, and shall pray that the quesiion may be submitted to the voters ui said district. Upon receiving sucli petition the superintendent shall call an election in the city or district, and in each school district of any union high school district so petitioning, and shall sub- mit to the voters therein the question of disincor- poration of such high school district. In joint union high scliool districts the petition shall be presented to the superintendent of each county liaving territory within the petitioning district. and each superintendent so petitioned shall, with- in fifteen days after receiving such petition, or- der an election in the district or districts situate within his own county and forming a part of the joint union liigh s<^'horoved March 26. 1895; Stats. 1895, p. 182. In effect March 26, 1895.] § 1924. All commissioned officers of regiments. 391 The National Guard. §§ 1925-1927 battalions, troops, batteries, and companies of the National Guard must take rank according to the date assigned them by their commissions, which date shall be from the time of their election or appointment; and when two of the same grade are of the same date their ranlc must be deter- mined by length of previous military service in the State; and if of equal service then by lot. Officers of regiments, battalions, troops, batteries, and companies of the National Guard, in all cases, are of superior rank to officers of the enrolled militia of the same grade, irrespective of the date of their commissions. [Amendment approved April 1, 1897; Amendments 1897, ch. cclxi. In effect immediately.] § 1925. When an officer is re-elected no new commission issues, but a certificate of such elec- tion must be issued to him by the ad.iutant-gen- eral. In the event of a commission being lost or destroyed, on .satisfactory proof being given of the same, tlie commander-in-chief shall issue a new commission, with rank from date of former com- mission. [Amendment approved IMarch 12, 1878; Amendments 1877-8, p. 32. In effect March 12, 1878.] § 1926. Any officer resigning his commission must do so in writing, addressing the adjutant- general, giving his reasons therefor, and transmit the same througli his immediate commanding of- ficer, who will make his indorsement tliereon, and the resignation takes eft'ect when accepted by the commander-in-chief and announced in orders. [Amendment approved March 12, 1878: Amend- ments 1877-8, p. 32. In effect March 12, 1878.] § 1927. Vacancies in elective offices of the Na- tional Guard, not in active service, are filled by election. When vacancies occur at an election through the promotion of any officer, such vacan- cies may then and there be filled without further order. Election of company officers shall be pre- sided over by an officer appointed for that pur- pose by the brigade commander, and such presid- ing officer shall give ten days' notice of his ap- pointment to all parties interested, by causing the order appointing him to be posted in the company armory and read to the company. He shall, witli §§ 1928, 1929 The National Guard. 392 in five days following the election, report the re- sult of the said election to the brijjade commander. [Amendment approved March 12, 1878; Amend- ments 1877-8, p. 32. In effect March 12, 1878.] § 1928. Any commissioned officer who removes from the limits of his brigade is deemed to have resigned, and the major-general, brigadier-general, or any commissioned officer who absents himself from the State for more than thirty days, without the permission of the commander-in-chief, is deemed to have resigned, and such resignation shall be announced in orders from the adjutant- general's office immediately after the fact of such absence becomes officially known. [Amendment approved March 12. 1878: Amendments 1877-8, p. 32. lu effect March 12, 1878.] § 1929. Any enlisted man may be discharged before the expiration of his term of service, by order of the commanding officer of the regiment or unattached battalion, or, if a member of an un- attached company, troop, or battery, by the bri- gade commander, on the recommendation of his company commander, and also for any of the fol- lowing reasons: To accept promotion by commis- sion; upon removal of residence from the State, or out of the bounds of the command to which he belongs to so great a distance that, in the opinion of the commanding officer, he cannot properly per- form his military duty; upon disability, estab- lished by certificate of a medical officer; whenever such commanding officer shall approve the appli- cation of two-thirds of the members of a company requesting the discharge of an enlisted man thereof, and if, at a regular meeting of a company, or of a meeting called for that purpose, two-thirds of the members of a company desire by vote the discliarge of one of their members, an applica- tion for the discharge of such soldier shall be made by the company commander. Or he may be dishonorably discharged for either of the follow- ing reasons: Upon conviction of felony in a civil court: by sentence of a court-martial. A charac- ter shall be attached to all discharges. Evei-y member of the National Guard dishonorably dis- charged from the military service of the State of California shall be disfranchised for the period of one year next ensuing such discharge. The dis- 393 The National Guard. §§ 1930-1933 charges herein provided shall be made by the com- manding officer of tlie regiment or unattached battalion, and in the case of members of un- attached companies, troops, or batteries by the brigade commander. [Amendment approved March 2G, 1895; Stats. 1895, p. 182. In effect March 26, 1895.] § 1930. Any officer, non-commissioned officer, musician, or private who disobeys the oi'ders of his superior, uses reproachful or abusive language to his superior, or misbehaves or demeans himself in an unofflcer or unsoldierlilve manner whilst under military orders, must be immediately ar- rested. If a non-commissioned officer or soldier on military duty, he must be disarmed and put under guard, and tried and punished by a court-martial, according to law and military usage. [Amend- ment approved March 12, 1878; Amendments 1877- 8, p. 32. In effect March 12, 1878.] INIisdemeanor— by failure to attend parade, dis- obedience, or disrespectful language: Penal Code, sec. 653. § 1931. If any per.son interrupts, molests, or insults, by abusive words or behavior, any officer or private while in the performance of his mili- tary duty, he must be immediately put under guard and kept, at the discretion of the command- ing officer of the forces engaged in the perform- ance of such duty, until the setting of the sun of the same day on which the offense is committed. § 1932. No dishonorably discharged non-com- missioned officer, artificer, musician, or private, or member of a company dishonorably discharged from the National Guard, shall be permitted to again enter any company of the National Guard, except the offense is pardoned by the com- inander-in-chief. No dishonorably discharged offi- cer of the National Guard of California shall be permitted to hold any office of trust or emolument, nor be permitted to again enter any company of the National Guard, except the offense be par- doned by the commander-in-chief. [Amendment approved March 26, 1895; Stats. 1895, p. 182. In effect March 26, 1895.] § 1933. The commanding officer of any parade, §§ 1934-1936 The National Guard, 394 review, or drill, and the officer in charge of any rendezvous, may cause the ground selected foV that purpose to be marked or designated in such a manner as not to obstruct the passage of travelers on any public highway; and if any person, during the occupation of such ground for such military purpose, enters upon such ground without the per- mission of the officer commanding or in charge, he may be put and liept under guard, by the order of such commander, until the setting of the sun of the same day. § 1934. Regimental, battalion, and company rules of government and by-laws regularly adopted by a majority of the elected officers of such regiments and battalions, or members of companies, and approved by the commander-in- chief, may be adopted and enforced in such regi- ments, battalions, and companies, if they are not in conflict with the laws and regulations of this State. [Amendment approved April 15, 1880; Amendments 1880, p. 50. In effect April 15, 1880.] § 1935. All fines and penalties for non-attend- ance upon drills, parades, and inspections, legally determined and imposed under the provisions of such rules and by-laws, may be collected by action in justice's court, in the name of the people of the State of California; and the books and records of regiments, battalions, and companies, and the pro- ceedings under which delinquents are fined, are prima facie evidence of the facts therein stated. [Amendment approved March 30, 1874; Amend- ments 1S73-4, p. 35. In effect July 6, 1874.] Fine for delinquencies touching parades: Penal Code. sec. 652. § 1936. All officers, musicians, and privates of the National Guard who comply with all military duties, as provided in this chapter, are entitled to the following privileges and exemptions, viz.: ex- emption from road tax, and head tax of every description, except the poll tax provided for in article thirteen, section twelve, of the Constitu- tion, exemption from jury duty, and service on any posse comitatus. All officers, non-commis- sioned officers, musicians, and privates, who have faithfully served in the military service of this State for the space of seven consecutive years, 395 The National Guard. §§ 1937-1940 and received tlie certificate of the adjutant-gen- eral certifying the same, are thereafter exempted from further military and jury duty, except in time of war. And the adjutant-general must issue such certificate of exemption when it appears that the party applying is entitled to the same. [Amendment approved April 1, 1897; Amend- ments 1897, ch. cclxi. In effect immediately.] § 1937. Each commander of a company of the National Guard must malie out a list, certified under oath before a notary public, on or before the first Monday in March of each year, of every otfi- cer, non-commissioned officer, musician, and pri- vate of the company entitled to exemptions, as provided by law, with the residence of each, which list must be transmitted to the colonel, or commanding officer, of the regiment or battalion to which such company belongs, who must trans- mit the same, together with a list of his field and staff, and non-commissioned staff, made out in lilie manner, and certified by him under oath be- fore a notary public, to the brigadier-general, which list, if correct and approved by the brig- adier-general, must, by him, be served upon the county assessor of tlie county in wliich such regi- ments, battalions, or companies are located; and the county assessor must thereupon note opposite the names of all persons such exemptions. [Amendment approved March 30, 1878; Amend- ments 1877-8, p. 43. In effect March 30, 1878.] § 1938. The commander-in-chief may, at any time, for good and sufficient cause, disband any portion of the National Guard. [Amendment ap- proved March 12. 1878: Amendments 1877-8. p. 33. In effect March 12, 1878.] § 1939. The rules and regulations of the army of the United States, so far as the same may be applicable and not inconsistent with the laws of this State, and the rules and regulations pre- scribed by the command er-in-cliief, constitute the rules and regulations for the government of the National Guard. [Amendment approved April 15, 1880; Amendments 1880, p. 51. In effect April 15, 1880.] § 1940. No officer is entitjed to charge or re- ceive any fee or compensation for administering §§ 1941, 1942 The National Guard. 396 or certifying any oaths administered or certified under the provisions of this chapter. § 1941. The commander-in-chief is authorized and has power to establish and prescribe such rules and regulations, forms, and precedents, not inconsistent with the provisions of the Codes, as he may deem proper for the use, government, and instruction of the National Guard, and to carry into full effect the provisions of the Codes relative thereto. Such rules, regulations, forms, and prec- edents shall, from time to time, be revised as may be deemed necessary, and shall be promulgated in orders, and compiled in such form as may be deemed advisable for the information of the Na- tional Guard. [Amendment approved March 4, 1881; Amendments 1881, p. 30. In effect March 4, 1881.] § 1942. The colors carried by organizations of the National Guard shall be such as are borne by similar organizations of the United States army, except that the regimental or battalion color shall have thereon the State coat-of-arms, instead of the arms of the United States; and no military or- ganization provided for by the constitution and laws of the State, and receiving State support, shall, while under arms, either for ceremony or duty, carry any device, banner, or flag of any state or nation, except tliat of the United states or of the State of California. It shall not be lawful for any body of men whatever, other than the regular or- ganized National Guard of this State, and the troops of the United States, to associate them- selves together as a military company or organi- zation, to drill or parade with arms in this State, without the license of the Governor thereof, which license may at any time be revolved; provided, that students in educational institutions where military science is a part of the course of instruc- tion, may, with the consent of the Governor, drill and parade with arms, in public under the super- intendence of their instructor; and provided fur- ther, that nothing herein contained shall be so construed as to prevent benevolent or social or- ganizations from wearing swords. Any person or persons violating any of the provisions of this sec- tion shall be guilty of a misdemeanor and subject to arrest and punishment therefor. [Amendment 397 The National Guard. §§ 1943-1946 approved March 26, 1895; Stats. 1895, p. 183. lu effect March 26, 1895.] See Const. Cal., ai-t. 8, sec. 2, to which this sec- tion conforms. § 1943. Every officer or soldier wounded or disabled in the service of the State shall have rea- sonable expenses paid him, and the widow and children of every officer or soldier liilled in the service of the State shall be suitably provided for by the Legislature. [New section approved March 12, 1878: Amendments 1877-8, p. 41. In effect March 32, 1878.] § 1944. All claims against any appropriation made for military purposes payable to command- ing officers, shall, at the discretion of the board of military auditors, be forfeited to the State unless the demand is presented within six months after the time it becomes due. [New section approved March 12, 1878; Amendments 1877-8, p. 41. In effect March 12, 1878.] § 1945. The state shall provide a bronze ser- vice medal, with a bronze bar attached thereto, for ten years' active service; for fifteen years' ac- tive service a silver bar shall be attached; and for twenty years' active service, a gold bar shall be attached to the same medal. There shall be no other or different medals for service. Such med- als shall be prepared and issued by the adjutant- general, only, upon application of the party en- titled thereto, and upon proof of such service from the records of the National Guard. [Amendment approved April 1, 1897; Amendments 1897, ch. cclxi. In effect immediately.] § 1946. The insignia of the veterans of the Mexican War, the Military Order of the Loyal Legion, the Grand Army of the Republic, and of armies or army corps indicating actual services in the field, and badges indicating long and faithful service in tlie National Guard of this and other states, and State marlisman badges, may be worn by officers and men of the National Guard of Cal- ifornia, entitled to them, tipon the left breast, in one line, on the uniform coat or service blouse, the top of the ribbons on a line with the arm-pit. In the order named above, from riglit to left. No Pol. Code-34. §§ 1951, 1952 Companies and Arms. 398 other medals, badges, ribbons, or decoration sliall be worn. [New section approved April 1, 1897; Amendments 1897. ch. cclxi. In effect immedi- ately.] ARTICLE II. COMPANIES, AND THE DISTRIBUTION OF ARMS. § 1951. Applications for leave to organize companies. I 1952. If accepted the Brigadier General must appoint a person to organize. § 1953. Organization. § 1954. Brigadier General to act upon certificate, and transmit it. § 1955. Company to be listed and officers commissioned. § 1956. Non-commissioned officers of companies. § 1957. Non-commissioned officers of batteries. § 1958. Company name or number. § 1959. Company roll and term of. service. § 1960. Person not to be member of two companies at the same time. § 1961. Companies, how armed and equipped. § 1962. Number of officers and privates. § 1963. Requisition for arms and equipments. § 1964. Proceedings on approval of requisition. § 1965. Same— Bond. § 1966. Same. § 1967. Same. § 1968. Inspection of arms, etc. § 1969. Repair of arms, etc. § 1970. Musters and muster rolls. § 1971. Same. § 1972. Same. § 1973. Retired list. § 1974. Officers elected to appear for examination. § 1975. Candidates to be thoroughly examined. § 1976. Applications for membership. § 1977. Use of uniforms, property, etc. § 1951. Whenever a sufficient number of per- sons, i-esidents of any county in this State, subject to military duty, subscribe a call for the organiza- tion of a company, the adjutant-general, upon the application of such persons, and with the approval of the .general of brigade, must present the same to the board for the organization of the National Guard. § 1952. If such company is accepted, the ad- jutant-general must direct the brigadier-general to appoint some person, resident of the county, to 399 Companies and Arms, §§ 1953-1956 open a book in which to enter the names of persons so applying, and must fix a time and place of meet- ing for the purpose of organization, by giving ten days' notice thereof, by publication in some news- paper, or by posting notices in at least three pub- lic places in the county. § 1953. The person appointed must: 1. Preside at such meeting and organize the same. 2. Superintend the election for commissioned officers of the company, whicli must be by ballot. 3. Make out, after such election, a list of per- sons organized, a certificate of each officer elected, together with a copy of the proceedings of the meeting, and a copy of his appointment, and of the notice of the meeting, certified by him, and transmit them to the brigadier-general command- ing the brigade. § 1954. The brigadier-general must, if found correct, transmit the same, with his approval, to the adjutant-general. § 1955. 1. If such company has been organized and the officers elected in accordance with the pro- visions of law, orders, and regulations, the com- pany must be listed in tlie office of the adjutant- general as a company of the National Guard, and the officers elected, if commissioned, hold office for the term of two years. 2. All commissioned officers of the National Guard shall be commissioned by tlie Governor, but he may refuse to issue a commission to any officer elected or appointed, if, in his opinion, the person elected or appointed is in any way unquali- fied or unworthy to be an ofiicer in the National Guard. [Amendment approved April 15, 1880; Amendments 1880, p. 51. In effect April 15, 1880.] No charge — by Secretary of State issuing com- mission: See sec. 26 of Act in Stats. 1880, p. 215 or 51. § 1956. All company non-commissioned officers of the National Guard must be nominated by com- manders of their respective companies, subject to the approval of the commanders of the regiment or battalion; and such non-commissioned officers cannot thereafter be removed or reduced in rank except as herein provided, or by the commander §S 1957-1962 Companies and Arms. 400 of the regiment or battalion, for neglect of duty or otlier sufficient cause. § 1957. Commanders of batteries not attaclied to regiments, and unattached companies, have the same authority with non-commissioned officers as is herein conferred upon commanders of regiments and battalions. [Amendment approved March 17, 1891; Stats. 1891, p. 122.] § 1958. Each company of the National Guard may adopt a distinct name; but, if attached, must be known by a particular letter or number in the regiment or battalion to which it belongs. § 1959. All enlisted men, on entering the Na- tional Guard, must take the prescribed oath, and join for not less than thi-ee years' service; provid- ed, that any man having served one enlistment satisfactorily may re-eulist for one, tvro, or three years, at his option. [Amendment approved March 9, 1893; Stats. 1898, p. 104.] This section was amended in 1891; Stats. 1891, p. 123. § 1960. No person can be a member of two companies at the same time; and any member of a company who removes beyond the limits of the county may be discharged from such company; and such discharge, as in all other cases, must be announced in orders from proper authority, and copies of all orders announcing discharges must be forwarded to brigade and general head- quarters. [Amendment approved April 15, 1880; Amendments 1880, p. 51. In effect April 15, 1880.] § 1961. The companies of the National Guard are armed and equipped in tlie same manner as similar corps in the United States Army. Act reimbursing company for moneys expended in uniforms, etc.: See post, Appendix, p. 1(>46. § 1962. The companies, troops, and batteries of the National (iuard shall be composed of offi- cers and men as follows: 1. Each company of infantry shall have not less than fifty, nor more than one hundred and three, officers, uou-commissioned officers, and privates, which must include one commissioned officer, and may include one captain, one first lieutenant, one 401 Companies and Arms. § 1962 second lieutenant, one first sergeant, one quarter- master-sergeant, four sergeants, eight corporals, and two musicians; 2. Each troop of cavalry shall have not less than fifty, nor more than one hundred and three, offi- cers, non-commissioned officers, and privates, which must include one commissioned officer, and may include one captain, two first lieutenants, one second lieutenant, one first sergeant, one quar- termaster-sergeant, four sergeants, eight corporals two trumpeters, two farriers, and one saddler; 3. Each foot battery shall have not less than fifty, nor more than one hundred and three, offi- cers, non-commissioned officers, and privates, which must include one commissioned officer, and may include one capitain, one first lieutenant, one second lieutenant, one first sergeant, one quarter- master-sergeant, four sergeants, eight corporals, and two trumpeters; 4. Each field battery shall have not less than sixty-one, nor more than one hundred and forty- nine, officers, non-commissioned officers, and pri- vates, which must include one commissioned offi- cer, and may include one captain, two first lieu- tenants, one second lieutenant, one first sergeant, one quartermaster-sergeant, six sergeants, eight corporals, two trumpeters, two farriers, and one saddler; 5. The numerical strength, ranlv, titles, and in- signia of ranli of the companies, troops, and bat- teries, and their officers and men, of the National Guard, shall conform to the laws, rules and regu- lations of the United States army and navy, so far as the same may be effectively applicable; and upon changes being made in the said laws, rules and regulations of the United States army and navy, the commander-in-chief of the National Guard shall cause the same changes to be made in the National Guard to correspond thereto, so far as they may be effectively applicable as aforesaid ; 6. Each company, troop, battery, or division naval militia, may have not to exceed ten honorary mem- bers, who shall pay fifty dollars per annum each into the company, troop, battery, or naval division treasury, and shall thereupon be entitled to all ex- emptions to which men on tlie active list are en- titled, and shall not be required to drill or per- form any military duty by reason of such member- ship; § 1962 Companies and Arms. 402 7. The naval militia of the National Guard of California shall be commanded by a captain. There shall also be allowed to the naval militia the following commissioned officers, viz.: One ex- ecutive officer, with ranlc of lieutenant-command- er; one chief engineer, with rank of lieutenant- commander; one navigating officer, with rank of lieutenant; one paymaster, who shall be the mus- tering otficer of the naval militia; one ordnance of- ficer; one surgeon, and one aide, each with rank of lieutenant; one assistant surgeon, with rank of lieutenant junior gradS and one signal officer, with rank of ensign. Each division shall be com- manded by a lieutenant, and shall contain one lieutenant junior grade, two ensigns, and not less than fifty nor more than one hundred petty offi- cers and men. And each division, located outside of San Francisco, shall be allowed an assistant surgeon, with rank of ensign. There may be three warrant officers, viz.: Boatswain, gunner, and car- penter. The petty officers of the naval militia shall be one aix>thecary, one chief master-at-arms, oue chief signal quartermaster, one chief bugler, one chief coxswain, one engineer's yeoman, one paymaster's yeoman; and there may be, not to ex- ceed, two others of such ratings as the exigencies of the service may dictate. The divisional petty officers shall be rated as in the United States navy; 8. The organization of the naval militia shall conform generally to the provisions of the laws of the United States; and the system of discipline and exercise shall conform, as nearly as may be, to that of the navy of the United States as it now is, or may hereafter be, prescribed by Congress. When not otherwise provided for, the government of the naval militia shall be controlled by the pro- visions of the Political Code relating to the Na- tional Guard of California, and the Governor shall have power to alter, divide, annex, consolidate, or disband the same, whenever, in his judgment, the efficiency of the State forces will thereby be in- creased and he shall have power to make such rules and regulations as may be deemed proper for the use, government and ihstriictlon of the naval militia; but such rules and regulations shall conform as nearly as practicable to those govern- ing the United States navy; 403 Compauies and Arms. §§ 1963-1965 9. Tlie duty of the naval militia required by law, or any part of it, may be performed afloat in United States vessels. Officers and men of the nav- al militia mustered temporarily into the service of the United States for instruction and drill, and re- ceiving compensation therefor from the United States, shall not, during the same term, be en- titled to compensation from the State; 10. The Governor is authorized to apply to the President of the United States for the detail of commissioned and petty officers of the navy, to act as inspectors aud instructors in the art of naval warfare; 11. The naval militia battalion and divisions shall receive the same allowance from the State as^infantrj battalions and companies. [Amend- ment approved April 1, 1897; Amendments 1897, eh. eclxi. In effect immediately.] § 1963. When a company is organized, its com- manding officer may make a requisition through the proper military channel for such arms and ac- couterments, ammunition, clothing, and stores as are required. Military Academies— Act to furnish arms for: Stats. 1872, p. 121; see General Laws, title "Mili- tary Acaden ies." Arms, equipments, etc.— Misdemeanor to unlaw- fully retain or dispose of: Penal Code, sees. 452, 453. § 1964. If the Commander-in-Chief approve the requisition he must malve an order upon the back thereof directing the issue by the adjutant gen- eral, who must immediately notify the officer making the requisition that the arms, accouter- ments, and ammunition, or any portion thereof, are ready to be issued. § 1965. The commanding officer of each troop, battery, company, naval division, or signal corps must give sucli bonds and security as may be re- quired by tlie adjutant-general to secure the State aud the company from loss on account of misuse or misapplication of any State property or funds. Said bond must l)e with two or more good and suf- ficient sureties c(mditioned upon his faithful per- formance of all duties, and accounting for all property and moneys, both State and company funds, of whicli the commander, as ex-officio treas- §§ 1966-1970 Companies and Arms. 404 uver, shall be the custodian. [Amendment ap- proved April 1, 1897: Amendments 1897, ch. cclxi. In effect immediately.] § 1966. Such bonds being to his satisfaction, and on receiving duplicate receipts from such of- ficer, the adjutant-general must malie the issue. [Amendment approved April 1, 1897; Amendments 1897, ch. cclxi. In effect immediately.] § 1967. The adjutant general must file one copy of such receipts in his office, and transmit the other to the general of brigade. § 1968. All arms, equipments, and military stores, books, accounts, and records of all liinds, are subject to examination by tlie inspectors and ordnance officers of the State, and by any other officer designated by the commander-in-chief or other commanding officer for that purpose. [Amendment approved March 12, 1878; Amend- ments 1877-8, p. 34. In effect March 12, 1878.] § 1969. If such officer finds any of such prop- erty out of repair, injured, or defective, he must immediately notify the facts to the commander- in-chief, througli the proper channel, who, if the damages are not I'epaired and the defects and loss- es supplied within a reasonable time, must order the same to be done under the direction of some officer, and tlie vouchers for the expenses there- of, when audited by the State board of military auditors, must be paid, on tlie warrant of the con- troller, out of the appropriation for military pur- poses. [Amendment approved March 30, 1878; Amendments 1877-8, p. 43. In effect March 30, 1878.] § 1970. The commander-in-chief shall order an annual inspection and muster of the National Guard between January first and June thirtietli, each year; the dates of inspection and details thereof shall be determined by the division, brig- ade, and naval battalion commanders, respective- ly; and the commanding otticer of each company must malvc out and certify the necessary muster rolls, showing the names and number of the mem- bers of the company, the officers in the order of their ranli, and the privates in alphabetical order, and also a list of the ordnance, ordnance stores, 405 Companies aud Arms. §§ 1971-1973 clothing, and other property of the State, in the possession of the company. He must transmit, through the proper military channels, one copy of the roll and list attached to each superior head- quarters. [Amendment approved April 1, 1897; Amendments 1897, ch. cclxi. In effect immediate- ly.] Act avithorizing acquisition of site for camp of instruction: See post. Appendix, p. 10-J 7. § 1971. If such company forms a part of any organized battalion or regiment, the commanding officer thereof must transmit the same, with a muster roll of the field and staff officers of his regiment or battalion, to the adjutant general, through the proper channels of military corres- pondence. § 1972. When any regiment or battalion is composed of companies located in any one town or city of the State, the same may be mustered by its commanding officer as a regiment or bat- talion. § 1973. 1. Any commissioned officer who has become disabled and incapable of longer perform- ing the active duties of his office may, upon his own application, be placed upon the retired list; provided, that such disability may have been In- curred while in the performance of duty. 2. If an otiicer for either of the above reasons, desires to be placed upon the retired list, he shall make ajjplication to his brigade commander to ap- point a board of surgeons, wlio shall examine him as to his disability, and if such disability has not been incurred by reason of any dereliction, they shall, if they deem proper, recommend that his application be granted; and upon approval of such application by the brigade commander and the commander-in-chief, the adjutant-general shall issue orders retiring sucli officei*. 3. Any commissioned officei*. who shall have served as such in the National Guard of this State for a continuous period of eight years, or for a period not continuous, of ten years, may, upon his own application, be placed upon the retired list and withdrawn from active service and command with the rank held by him at the time such appli- cation is made. And any commissioned officer. § 1974 Companies and Arms. 406 who sJiall have at any time heretofore served as such in the militia or National Guard of this State for a continuous period of eight years, shall, upon his own application and due proof of such service, be placed upon the retired list with the rank held by him at the time of the expiration of his com- mission. Upon applications, as above provided, being duly made and approved, the commander-in- chief shall cause orders to be issued retiring the officer who makes application therefor in accord- ance with the provisions of this section; provided, however, that nothing herein contained shall be construed to permit the placing upon the I'etired list of any officer who shall have been dishonor- ably dismissed from the service. 4. The officers on the retired list shall only be subject to detail for duty by orders from the com- mander-in-chief; and he shall cause to be issued such orders as he may deem necessary, detailing them for duty upon boards of officers for military purposes, courts-martial, and courts of inquiry, and for such other military duties .as, in his .iudg- ment, may be advisable. AYhen. however, officers on the retired list are detailed for active duty oth- er than upon boards of officers, courts-martial, and courts of inquiry, they shall only be entitled to the rank which properly belongs to the office, the duties of which they are detailed to i)erform. When the duty ends, or the detail is canceled, the officer shall again return to the retired list with his former retired rank. A roster of all officers on the retired list shall be kept in the adjutant- general's office, division headquarters, and at the brigade headquarters. 5. Officers on the retired list shall, on all occa- sions of dutv. and all occasions of ceremony, take rank next to officers of like rank upon the active list. [Amendment approved April 1. 1897; Amend- ments 1897, ch. cclxi. In effect immediately.] § 1974. 1. Every elected or staff officer of tlie Natiiinal Guard must, upon his appointment or re- appointment, election or re-election, to any office in the National Guard, appear before an examin- ing board for examination as to his qualifications for the office to which he has been appointed or reappointed, elected or re-elected: provided, that the provisions of this section do not apply to sur- geons, judges-advocate, chaplains, or the staff of the commander-in-chief; 407 Companies and Arms. § 1975 2. Such boards shall consist of three officers for each brigade, three officers for the naval battal- ions, and three officers for the division staff. All of such boards to be designated by the command- er-in-chief, and to be removable at his pleasure; .'5. The officer duly appointed to preside at any election shall, immediately after declaring the re- sult of such election, notify the officer or officers elected that they must appear before the examin- ing board for examination, when' notified by that board ; 4. If the officer elected or re-elected, and duly notified, does not appear before tlie said examin- ing board when summoned by them, he shall be deemed to have declined liis commission, and there shall be another election ordered. The filing of a proper certificate of said -board with the officer ordering the election, that the officer has failed to pass an examination, or declined to appear be- fore the board wlieu notified, shall be deemed suf- fl.cient for ordering a new election. [Amendment approved April 1, 1897; Amendments 1897, ch. cclxi. In effect immediately.] § 1975. The board shall thoroughly examine the candidate for commission as to his militax'y and general qualifications, and if, in the opinion of the majority of the board, he is duly qualified, tlie fact shall be dul.Y certified to the commander- in-chief. The board shall examine the candidate for a commission as to his Ivuowledge in the fol- lowing: 1. The prescribed tactics. 2. The I'ules and regulations governing the United States army and the National Guard of California. 3. The revised articles of war. 4. The revisions of the Codes of California rela- tive to the National Guard. 5. Forms of military orders, correspondence, rec- ords, and also as to general qualifications. [Amendment approved April 1.^), 1880; Amend- ments 1880, p. .5.3. In effect April 1.5, 1880.] Changes in section— inserted by amendments 1878 (see Stats. 1878, pp. ^.i~^. 44). Amendment of 1880 (Stats. 1880. p. 217 or ,53) purported to repeal section of 1878. but named erroneous date, yet, as last expression of legislative will, is probably in force. §§ 1976,1977 Companies and Arms. 408 § 1976. Application or propositions for mem- bersliip in any troop, battery, naval division, or company of the National Guard shall be made only at a regular weelily meeting or assemblage of such organization; and the names of such ap- plicants shall be posted in a conspicuous place in its headquarters or armory, until the next su ARTICLE Y. PARADES AND DRILLS. § 2018. Parades, time of. § 2019. Public receptions and celebrations. § 2020. Companies parading with less than thirty-two mem- bers may be disbanded. § 2021. Exemptions from arrest. § 2022. Battalion drill, expenses— cadets. § 2023. Companies falling to report may be disbanded. § 2024. Cavalry drill. § 2025. Drill of regiment not concentrated. § 2026. Company drills, time of. § 2027. Weekly company drills in certain cities. § 2028. Penalty for absence from company drills. § 2029. Book to be kept showing who was present at com- pany drills. § 2030. Schools for instruction. § 2031. Target practice. § 2032. Cadets. § 2018. The National Guard of California must parade in each year as follows: 1. On the fourth of July; 2. For target practice at such times as may l>e designated by the commander-in-chief, and" at least once in each year; §§ 2019-2022 Parades and Drills. 420 3. These parades shall be made by brigade, regi- ment, battalion, or company, as may be deemed most advisable by the commander-in-chief, who shall issue orders to the National Guard to carry out the provisions of this section. [Amendment approved April 1, 1897; Amendments 1897, ch. cclxi. In effect immediately.] § 2019. Upon receptions, or upon the celebra- tion of any event of public importance, the com- manding officer of the brigade may order out any portion of the National Guard under his command to join in such parade. § 2020. Any company parading at any of the parades or drills in this'article provided for, with a less number than thirty-two, rank and file, must be reported to the adjutant-general, and by him notified to the commander-in-chief, Avho in his dis- cretion may disband the same. § 2021. No person belonging to the military forces is subject to arrest, on civil process, while going to, remaining at, or returning from any place at which he may be required to attend for militarv duty. [Amendment approved March 12, 1878: Amendments 1877-8, p. 36. In effect March 12, 1878.] § 2022. The commander-in-chief may annual- ly order an encampment for discipline and drill, either by division, brigade, regiment, battalion, or unattached company, and all troops assembled and encamped, under orders of the commander-in- chief, for not less than seven days, shall receive a sum equal to one dollar and twenty-five cents per day for each officer and man regularly on du- ty in such camp; provided, that the aggregate for each company of such last-mentioned allowance of one dollar 'and twenty-five cents per day shall not exceed the sum of four hundred dollars per company; all officers and men shall receive, in ad- dition to the above allowance, the actiial fare to and from the place of encampment: and provided f urtlier, that Avhen the division or a brigade is reg- ularly assembled and encamped for discipline and drill for not less than seven days, then, in addition to the above allowance, the major-general, brigad- ier-general, the members of the staff of the com- 421 Parades and Drills. §§ 2023-2027 mander-in-chief, and each staff officer on the gen- eral staff, shall receive from the State the sum of one dollar and twenty-five cents per day while regularly on duty in such camp; and provided fur- ther, that in any camp held in pursuance of orders from the commander-in-chief, all mounted officers and enlisted men shall receive the sum of two dol- lars per day for each horse necessarily used by them at such encampment; and provided further, that by all officers and enlisted men of companies of the naval battalion such services may be per- formed afloat. Aforesaid allowances shall be paid only wlien appropriations are made sufficient for that purpose. [Amendment approved April 1, 1897; Amendments 1897, ch. cclxi. In effect immediate- ly.] § 2023. Any company failing to report for duty at such assemblage must be reported to the adju- tant-general, wlio must notify the same to the commander-in-chief, who may in his discretion disband it. § 2024. All mounted commands must drill mounted at least four times each year. [Amend- ment approved March 26. 1895; Stats. 1895, p. 187. In effect March 26, 1895.1 § 2025. When regiments are not concentrated, a portion of the companies may be assembled for battalion drill. § 2026. Eacli company must have at least three weekly drills each month, except in December of each year, when there need not be any drills. [In effect March 10, 1887.] § 2027. Companies, troops, and batteries al- ready organized may wear uniforms and equip- ments now in use, until supplied by the State with tlie service uniform and equipments; after which no uniforms and equipments other than those so supplied shall be worn, except that a dress uniform may be worn, as provided in section one thousand nine liundred and twenty-tliree of tliis Code. No money of the State shall be used or applied to tlie purchase of uniforms and equipments other than those in this section mentioned. All non-commis- sioned officers, musicians, and privates of a com- Pol. Code— 36. § 2028 Parades and Drills. 422 panj', or of a general, brigade, regiment, or battal- ion staff, the members of the signal corps, and of the hospital and ambulance corps, and of regular- ly organized and enlisted bands (which bands shall not exceed in number twenty-five each) shall be furnished with service uniforms and equipments at the expense of the State. Such uniforms and equipments shall be issued to the division brig- ades, regiments, and companies, upon requisition, in such form as may be prescribed. The service uniform and equipments shall be issued to the sev- eral organizations of the National Guard upon requisition of the proper officer. The commanding officer of eacli organization shall be responsible for the keeping and return of all uniforms and other military property committed to his charge. Each commanding officer who shall receive uni- forms and equipments or portions of uniforms or eqtiipments for the use of liis command, shall dis- tribute the same to his command as he shall deem proper. The service uniform and equipments shall be furnished, as aforesaid, by a board wltich is hei'eby provided, to consist of three commission- ed officers, to be appointed by the commander-in- chief. This board is authorized and directed to purchase tlie cloth, arrange for its cutting, and also for its malvlng, when required by the com- mander of any organization, and also to purchase equipments; and the bills of said board shall be audited, allowed, and paid as are other military demands. This board shall also fix the maximum price or cost of the malving of each article of uni- form, and shall permit, upon proper requisition of division, brigade, regiment, or unattached battalion or company^ to draw the money instead of the cloth, or the cost of its malcing. or either, and pro- vide itself with a corresponding number or articles of uniform; provided, that the bills therefor shall be audited, allowed, and paid as other military de- mands. [Amendment approved March 26. 1895; Stats. 1895, p. 188. In effect March 26, 1895.] § 2028. All oflicers or members of the National Guard who absent themselves from three consec- utive assemblages, without an excuse acceptable to the commanding officer, are debarred from the privileges and exemptions provided for members of the National Guard; and all non-commissioned officers or privates shall be reported by their com- 423 Parades and Drills. §§ 2029-2032 manding officer to the commandinis: officer of the regiment, or battalion, or unattached company, who shall forthwith court-martial such non-com- missioned officer or private, and, upon conviction by such court-martial, the delinquent shall be dis- honorably discharged from the service, and fined not less than five dollars nor more than fifty dol- lars. The proceedings of such court shall be sub- ject to approval and review, as in other cases. [Amendment approved March 4, 1881; Amend- ments 1881, p. 32. In effect March 4, 1881.] Delinquencies touching parades or encampments —how pimished: Penal Code, sees. 6.">2. 653. § 2029. Commanders of companies must keep a boolj, in which must be entered the names ana number of oflicers, non-commissioned officers, and privates respectively, present ai each drill, and must therefrom mal^e monthly returns to the com- manding officer of the regiment or battalion, and if unattached, to the brigade commander, the ex- cuses of absentees recorded, and marlied approved or otherwise. These boolvs must be carefully pre- served, and, wlien filled, forwarded to the adju- tant-general's office. [Amendment approved March 12, 1878: Amendments 1877-8, p. 37. In effect March 12, 1878.] § 2030. The commanding officer of any brig- ade, regiment, or battalion, may require the offi- cers thereof to meet for militai'y instruction at such times and places as he may fix, and may also prescribe the mode and manner of instruction and the rules and regulations to govern sucli meetings. Act regulating duties of inspectors of rifle prac- tice: See post. Appendix, p. 1046. § 2031. The adjutant-general, the inspector- .general of rifle practice, and the division inspector of rifle practice, shall have power to prescribe rules and regulations for target practice, which, after being approved by the Commander-in-Chief, shall govern all target practice held under and by virtue of orders issued by the Commander-in- Chief. [In effect March 20, 1889.] § 2032. Each officer commanding a regiment or I)at1:ilioi) may. with the approval of the Com- mander-in-Chief, muster and attach to it a com- pany of cadets: provided, that all the members of § 2032 Calling and Drafting the Militia. 424 such company shall be pupils in attendance at some public school or schools within the limits of such command, and shall be and remain members of such cadet company only while attending such public school or schools. It shall be the duty of such commanding officer to give his personal at- tention to the instruction of such cadet company, and he shall have power, and it shall be his duty, subject to the approval of the Commander-in- Chief, to prescribe such rules and regulations for the government of such cadet company as he shall see tit. Such cadet company shall receive one- third of the allowances allowed to a company in the National Guard. The percentage of their at- tendance at drills, and on other military duty, shall not be considered in computing the percen- tages of the command to which they belong. No other cadet companies, except those organized as above provided for, shall be allowed within the State of California, in connection with the Nation- al Guard thereof. [In effect March 20, 1889.] CHAPTER III. CALLING AND DRAFTING THE MILITIA INTO ACT- UAL SERVICE. § 2039. Militia, when and by whom it may be called into actual service. § 2040. Same. § 2041. Call, how made. § 2042. Duty of officer to whom order is directed. § 2043. Same. § 2044. Same. § 2045. Organization of companies, etc., and election of officers. § 2046. Proclamation for election. § 2047. Commander-in-Chief may assign volunteers to companies or battalions already in active service. § 2048. Organisation and command of troops from differ- ent brigades. § 2049. When draft may be ordered. § 2050. Who to superintend draft. § 2051. Persons drafted to rendezvous. § 2052. Election of officers. § 2053. Refusing to rendezvous, penalty for. § 2054. Companies, how attached. § 2055. Drafted men may be enrolled in existing com panies. 425 Calling and Drafting tlie Militia. §§ 2039, 2040 § 2056. Substitutes. § 2057. Same. § 2058. Same. § 2059. Rules governing conduct of troops when called out to suppress insurrection, etc. § 2060. Duration of commissions of officers called into ' actual service. § 2061. Vacancies occurring in actual service, how filled. § 2062. Same. § 2063. Same, for personal bravery in battle, etc. § 2064. Rules to govern militia when in actual service. § 2065. Pay of officers and private.s when in actual service. § 2066. Pay of officers when detailed on special duty. § 2039. In ease of war, insurrection, or rebel- lion, or of resistance to the execution of tlie laws of this State, or upon the call or requisition of the President of the United States, or upon the call of any ofiicer of the United" States army command- ing a division, department or district in Califor- nia, or upon the call of any United States mar- shal in California, or of the cliief executive officer of any city, or oF any sheriff, the Commander-in- Chief is autliorlzed to call into active service any portion of the National Guard or enrolled militia." Governor may call out military: Const. Cal., art. 8, sec. 1. Resistance to execution of State laws — military force to suppress: Penal Code, sees. 725, 728-733. § 2040. In case of the absence of the Com- mander-in-Chief from the capital, or if it is impos- sible to immediately communicate with him, the civil or military officer mailing the requisition for troops may. if he deem tlie danger imminent, and not admitting of delay, serve a copy of such requi- sition, together with a statement of the com- mander-in-Chief's absence, or the impossibility of immediately communicating with him, upon the ■division commander, or in'liis absence, upon tlie general commanding tlie brigade, who is author- ized to exercise, with respect to calling out the troops of his division or brigade, the powers con- ferred in this section upon the Commander-in- Chief; but if the call is disapproved by the Com- mander-in-Chief, tlie troops so called into service must be inunediately relieved from sucli tour of duty. Offic(>rs and men performing duty in re- sponse to any call as provided lierein, shall, upon tlie proper rolls being approved by tlie board of §§ 2041-2047 Calling and Drafting the Militia. 420 military auditors, receive their pay therefor out of any money in the State treasury not otherwise appropriated, and the State controller is hereby directed to draw his warrant therefor, and the . treasurer is hereby directed to pay the same. [Amendment approA^ed March 26, 1895; Stats. 1895, p. 188. In effect March 26, 1895.] § 2041. Such call must be made by an order is- sued and directed to the commanding officer of the company, battalion, regiment, brigade, or di- vision, which is called into service, designating the particular troops called, the time and place of rendezvous, and the officer to whom they must report. § 2042. If such order is directed to the Major General of Division, it must be immediately com- municated to the Brigadier Generals, and by them to all the othcers of their respective brigades. § 2043. Every officer receiving such order must rendezvous and report for duty as herein directed; and every officer commanding an organized com- pany or battalion of the National Guard, on re- ceiving such order, must immediately proceed to notify the same to each individual of his com- mand, by personal notice or by publication in some newspaper, or by the posting in public places of the county or counties from which the call is made. § 2044. Such officer must attend in person, or by deputing an officer of the organized militia in his place, at the place of rendezvous, and tal^e the names of all volunteers for service under such call. § 2045. If the number of such volunteers Is sufficient to form one or more companies or bat- talions, he must immediately call and superintend the election of the officers of such companies or battalions. § 2046. A proclamation of the call of such elec- tion, made by the officer calling it, at the place of rendezvous, is a sufficient notice. § 2047. The Commander-in-Chief has author- ity, if he deem it expedient, to direct that a por- tion of the volunteers so presenting themselves be 427 Ciilling- and Drafting the Militia. §§ 2048-2052 assigned to companies oi- battalions already in ac- tive service, whose numbers are less than the full complement. § 2048. Where troops are called into active service from different brigades or regiments, and the number so called are not more than sufficient to constitute one complete regiment, the Com- mander-in-Chief must so organize them, and must designate the particular officer to command it; or he may make such other organization of said troops as he may deem proper, and designate the officer to command. [Amendment approved March 20, 1895; Stats. 1895, p. 189. In effect March 20, 1895.] § 2049. If the number of volunteers presenting themselves at the place of rendezvous is insuffi- cient to satisfy the call of the Commander-in- Chief, the Brigadier General of the brigade in which such call is made must promptly proceed to draft from the enrolled militia of his brigade a sufficient number of men to satisfy the call; and this draft must be made by putting the names of all the enrolled militia of the county or counties from which the order directs the forces to be rais- ed into a box, and draAving therefrom a sufficient number of names to satisfy the call. § 2050. The Major General must be present and superintend the drafting of the enrolled mili- tia under any call by the Commander-in-Chief; but his iiresence is not necessary to give validity to the proceedings. In case of the absence or in- ability of the Brigadier General, the officer next in rank of the brigade, or, in default of any officer of that brigade for duty, the Ma.ior General, or, in his default, the Commander-in-Chief must des- ignate some other officer to perform that duty. § 2051. The persons drafted must be summon- ed by some otBcer appointed for that purpose by the Brigadier General, in the manner prescriberactice of medicine, but must devote their whole time to tlie performance of tlieir duties, unless granted leave of absence by the Board of Directors. § 2197. Insane persons received in the Asylum must upon recovery be discharged therefrom. §§ 2198-2211 Insane Asylum. 44s § 2198. Insane convicts must be received into the Insane Asylum, and returned to the State Prison a^ain, as provided in section 1230 of the Penal Code. § 2199. No insane person, nonresident of this State, must be received into the Asylum unless he became insane within this State. § 2200. If at the time of the discharge of a person from the Asylum, or after the death and burial of any person therein confined, there re- mains in the custody of the Directors or Treas- urer any moneys paid for the support or mainte- nance of such person, it must, upon demand, be repaid. ARTICLE VI. EXAMINATION AND COMMITTAL OF INSANE PER- SONS. § 2210. Examination, before whom. § 2211. Two witnesses. § 2212. Two physicians. § 2213. Witnesses, duty of. S 2214. Physicians, duty of. § 2215. Certificate of physicians. § 2213. To be made on forms, etc. § 2217. Action of Judge. Commitment. § 221S. Delivery of insane person at Asylum. § 2219. Money found on insane person. § 2220. Idiots, imbeciles, etc., not to be admitted. § 2221. Compensation for delivery of insane to Asylum. i 2222. Fees of physicians. § 2210. Whenever it appears by affidavit to the satisfaction of a magistrate of the county that any person within the county is so far disordered in his mind as to endanger liealth. person, or prop- erty, he must issue and deliver to some peace offi- cer for service a warrant, directing that such per- son be arrested and taken before any judge of a Court of record within the county for examina- tion. Insane asylums, acts relating to: See General Laws, title "Insane." § 2211. When the pei'son is talien before the judge he must issue subpoenas to two or more 449 Insane Asylum. §§ 2212-2217 A\'itiiesses, best acquainted Avitli such insane per- son, to appear and testify before him at such ex- amination. § 2212. The judge must also issue subpoenas for at least two graduates of medicine to appear and attend such examination. § 2213. At the examination the persons sub- poenaed must appear and answer all questions pertinent to the matter under investigation. § 2214. The physicians must hear such testi- mony, and must malie a personal examination of the alleged insane person. § 2215. The physicians, after hearing the testi- mony and malving the examination, must, if they believe such person to be dangerously insane, mal%e a certiflcate, under tlieir hand, showing as near as possible: 1. That such person is so far disordered in his mind as to endanger health, person, or property; 2. The premonitory symptoms, apparent cause or class of insanity, the duration and condition of the disease; 3. The nativity, age, residence, occupation, and previous habits of the person; 4. The place froiu wlience tlie person came, and the length of his residence in this State. § 2216. The certificate must be made in the form prescribed by. and, if they can be had, upon blanlvs furnished by the Medical Superintendent of the Asylum. § 2217. The judge, after such examination and certificate made, if he believes the person so far disordered in his mind as to endanger health, per- son, or property, must make an order that he be contined in the Insane Asylum. A copy of such order sliall b*^ filed witli and recorded bv the County Clerlv of the county. The Clerk sliall also keep, in convenient form, an index book, showing the name, age, and sex of each person so ordered to be confined in the Insane Asylum, with the date of the order, and the name of the Insane Asylum in which the person is ordered to be confined. No fees shall be charged by the Clerk for performing §§ 2218-2221 Insane Asylum. 45n any of the duties provided for by this section. [Amendment approved February 18, 1881; Stats. 1881, p. 7. In eftect February 18, 1881.] § 2218. The insane person, together with the order of the judge and certificate of the physi- cians, must be delivered to the sheriff of the coun- ty, and by him must be delivered to the officer in charge of the Insane Asylum; but no female in- sane person shall be taken to the asylum with- out the attendance of some other female, or some relative of such insane person. [Amendment ap- proved March 9, 1895; Stats. 1895, p. 36. In effect March 9, 1895.] § 2219. Any moneys found on the person of an insane person at the time of arrest must be cer- tified to by tlie judge and sent with such person to the asylum, tliere to be delivered to the medical superiutendent, who must deliver the same to the treasurer. If the sum exceed one hundred dollars, the excess must be applied to the payment of the expenses of such person while in the asylum; if the sum is one hundred dollars or less, it must be kept and delivered to the person when discharged, or applied to the payment of fimeral expenses if the person dies at the asylum. § 2220. No case of idiocy or imbecility, or simple feebleness of mind, must be maintained at, nor must any case of delirium tremens be ad- mitted into the asylum. S 2221. Persons delivering insane per.sons at the asylums must receive all expenses necessarily inciu-red in their transportation, and also a just and reasonable compensation for their own serv- ices, the amount of the expenses and compensa- tion In each case to be audited and allowed by the board of examiners, and paid otit of any moneys in the State treasury appropriated for that pur- pose. The necessary expenses of an assistant, wlien more than one person is required to convey sucli insane person, shall also be allowed; pni- vided. however, that the person in charge of such insane person shall certify, under oath, the urgent necessity of such assistance. No compensation, except as herein provided, shall be received or allowed for delivering insane persons at the asy- 451 Deaf, Dumb and Blind Asyhim. §§ 2222-2240 lums. [Amendment approved April 12, 1880; Amendments 1880, p. 49; repealed all conflicting- acts. In effect April 12, 1880.] § 2222. The physicians attending each exami- nation of an insane person are allowed five dol- lars each, to be paid by the county treasurer of the county wliere the examination was had, on the order of the board of superivsors. CHAPTER II. DEAF, DUMB, AND BLIND ASYLUM. Article I. General Provisions. II. Board of Directors. III. Principal Teaclier. i IV. Treasurer. ARTICLE I. GENERAL PROVISIONS. § 2237. Object of Asylum. § 2238. Who entitled to its benefits. § 2239. Same. § 2240. Clothing and maintenance of pupils. § 2241. Blindness and deafness defined. § 2242. Geological cabinet. § 2243. Salaries, how paid. § 2244. Approval and filing of ofllcial bonds. § 2237. The deaf, dumb, and blind asylum, lo- cated in Alameda county, has for its object the education of tlie deaf, diimb, and blind. tVcts relating to asylum: See General Laws, title "Deaf, Dumb, and Blind." § 2238. lOvery deaf. dumb, or blind person, res- ident of tliis State, of suitable age and capacity, is entitled to an education in tliis asylum free of charge. § 2239. Sucli persons not residents of this State are entitled to the benefits of this asylum u])()u paying to tlie treasurer thereof eiglity-iive dollars (luarterly in advance. § 2240. If tlie parents or guardians of any pupil in tlie asylum for the deaf, dumb, and blind §§ 2241-2254 Deaf, Dumb and Blind Asylum. 452 shall be unable to clothe such child, the parent or guardian may testify to such inability before the judge of the superior court of the county wherein he or she is resident, and if said judge is satisfied that the parent or guardian is not able to provide suitable clothing for the child, he shall issue a cer- tificate to that effect; and upon presentation of such certificate, it shall be the duty of the direct- ors of said asylum to clothe the child, the expenses to be paid out of the appropriations made for the support of the asylum. All pupils in the asylum shall be maintained at the expense of the State. [Amendment approved April 3, 1880; Amendments 1880, p. 21. In effect April 3, 1880.] § 2241. Inability by reason of defective sight to read ordinary printed matter is blindness, and inability to hear ordinary conversation is deaf- ness, within the meaning of this chapter. § 2242. The State geologist and regents of the universiety may make up from duplicate specimens under their control a geological cabinet for the use of the asylum. § 2243. The salaries mentioned in this chapter must be paid monthly out of the moneys appro- priated for the support of the asylum. § 2244. The official bonds required by the pro- visions of this chapter must be approved by the board, and filed and recorded in the office of the Secretary of State. Oflacial bonds: Sees. 947-988. ARTICLE II. BOARD OF DIRECTORS. § 2254. Under control of Board of Directors. § 2255. Powers and duties of Board. § 2256. Approval of estimates and drawing of moneys. § 2257. Directors to receive no salary. § 2254. The asylum is under the management and control of a board of directors, consisting of five persons, appointed and holding their offices as provided in Title I of Part III of this Code. Board of Directors— appointment and term of office: Sees. 368, subd. 2, and 369. 453 Deaf, Dumb, and Blind Asylum. §§ 2255-2257 § 2255. The powers and duties of the board are as follows: 1. To make by-laws, not inconsistent with the laws of the State, for tlieir own government, and the government of the asylum. 2. To elect the principal teacher. 3. To elect a treasurer, who shall not be a mem- ber of the board of directors. 4. To elect a physician for the asylum, for the term of two years, who shall not be a member of the board of directors. 5. To remove, at pleasure, any teacher or em- ployee. 6. To fix the compensation of teachers and em- ployees. 7. To make dilis?ent inquiry into the depart- ments of labor and expense, the condition of the asylum, and its prosperity. 8. To hold stated meetings at the asylum at least once in every three months. 9. To keep a record of their proceedings; 10. To report to the Governor a statement of the receipts and expenditures, the condition of the asylum, the number of pupils, and of such other matters touching the duties of the board as they deem advisable. [Amendment approved March 30, 1874; Amendments 1873-4, p. 30. In effect .July 6, 1874.] Power of board over bequests— to manage and invest, also to act on estimates made under sec. 2168: Stats. 1876, p. 686. Act conferring certain powers on board: See General Law^s, title "Deaf. Dumb, and Blind." § 2256. If the board approve the estimates made under the provisions of section 2268, it must notify the Controller of State, who must draw his warrant for the amount estimated, in three equal sums, payable to the board monthly, out of any moneys in the State Treasury approi)riated for th(^ use of the asylum. § 2257. The directors receive no compensation. §§ 2267-2270 Deaf, Dumb, and Blind Asylum. 47,4 ARTICLE III. PRINCIPAL TEACHER. § 2267. Qualifications. § 2268. Powers and duties. § 2269. Salary. § 2270. Bond. § 2267. The principal teacher must have not less than three years' experience in the art of teaching; the deaf, dumb, and blind. § 2268. He is the chief executive officer of the asylum, with powers and duties as follows: 1. To superintend the grounds, buildings, and property of the asylum. 2. With the consent of the board of directors, to fix the number of and appoint and remove the assistant teachers and employees. 8. To prescribe and enforce the performance of tlie duties of the assistant teachers and employees. 4. To control the pupils and prescribe and en- force a system of instruction. 5. To reside at the asylum. 6. To Ivcep a daily record of his official acts in the manner prescribed by the by-laws. 7. To estimate quarterly in advance the ex- penses of the institution, and report such estimate to the board of directors. 8. To make up his annual accounts to the first of July in each year, and as soon thereafter as possible report a statement thereof and of the condition of the asylum to the board of directors. § 2269. His annual salary must not exceed three thousand dollars. § 2270. He must execiite an official bond in the sum of five thousand dollars. Official bonds: Sec. 947 et seq. 455 Deaf, Dumb, and Blind Asylum. §§ 2280-2282 ARTICLE IV. TREASURER. § 2280. Duties of. § 2281. Salary. § 2282. Bond. § 2280. It is the duty of tBe treasurer: 1. To act as secretary of the boai'd of directors. 2. To keep the accounts of the board and of the receipts, expenditures, assets, and liabilities of the asylum. 3. To report quarterly to the board a statement under oath of the receipts and expenditures of the preceding quarter. 4. To perform such other duties as may be re- quired of him by the by-laws or board of direc- tors. § 2281. The annual salary of the treasurer shall not exceed twelve hundred dollars, and shall be fixed by the board of directors. [Amendment approved February 2, 1891; Stats. 1891, p. 3. In effect immediately.] § 2282. He must execute an official bond in the sum of ten thousand dollars. §§ 2292-2294 State Library. 456 CHAPTER III. STATE LIBRARY. § 2292. Board of Trustees, and term of office of. § 2293. General powers and duties of Board. § 2294. Term of office of Librarian. § 2295. General duties of Librarian. § 2296. Who may t#ke books. § 2297. Books taken by members of Legislature. § 2298. Books taken by State officers. § 2299. Liability for injury to books. § 2300. Library Fund. § 2301. Library, time to be kept open. § 2302. Salary of Librarian, § 2303. Salary of Deputies. § 2304. Bond of Librarian. § 2305. When this Chapter takes effect. § 2292. The State library is under ttie control of a board of trustees, consisting of five mem- bers, elected by tlie Legislature in joint conven- tion assembled, and holding their offices for the term of four years. Origin of chapter: See Stats. 1860, p. 168; 1861, p. 45; 1864, p. 198; 1866, p. 135; 1870, p. 381. San Francisco Law Library: Stats. 1870, p. 235; Stats. 1880, p. 194. § 2293. The powers and duties of the board are as follows: 1. To make rules and regulations not incon- sistent with law for their government and for the government of tlie library. 2. To appoint a librarian. 3. Whenever necessary, to authorize the libra- rian to appoint an additional deputy. 4. To sell or exchange duplicate copies of booljs. 5. To keep in order and repair the books and property in the library. 6. To draw from the State treasury at any time all moneys therein belonging to the library fund. 7. To report to the Governor biennially a state- ment of their transactions. § 2294. The librarian holds his office for the 457 State Library. §§ 2295-2298 term of four years, unless sooner removed by a unanimous vote of all the trustees. § 2295. It is the duty of the librarian: 1. To be in attendance at the library during otRce hours. 2. To act as secretary of the board of trustees, and keep a record of their proceedings. 3. To purcliase bool<;s, maps, engravings, paint- ings, and furniture for the library. 4. To number and stamp all books and maps belonging to the librai'y. and to keep a catalogue thereof. .5. To have bound all books and papers that re- quire binding. 6. To keep a register of all books and property added to library, and of the cost thereof. 7. To keep a register of all books taken from the library. 8. To establish and maintain a system of do- mestic and foreign exchange of books, and to obtain from the Secretary of State such numbers of all State publications as may be sufficient to meet the demands of the system established. [Amendment approved March 30, 1874; Amend- ments 1873-4, p. 37. In effect July G, 1874.] Cabinet department— in State library: Stats. 1872, p. 824. Transfer of mineralogical specimens to mining bureau, Senate Concurrent Resolution No. 10, in Stats. 1881. p. 103. § 2296. Books may be taken from the library by the members of the Legislature during the ses- sions thereof, and by other State officers at any time. S 2297. Books taken by members of the Legis- lature must be returned at the close of the session; and before the Controller draws his warrant in favor of any member of the Legislature for his last week's salary, he must be satisfied that such member has returned all books taken by him and paid for any injuries thereto. § 2298. The Controller, if notified by the libra- rian that any officer has failed to return books taken by him within the time prescribed by the rules, and after demand made, must not draw his Pol. Code— 39. §S 2299-2314 Supreme Court Library. 4"^ warrant for the salary of such officer until tli' return is made, or three times the value of tin boolxs, or of any injuries thereto, has been paid to the librarian. § 2299. Every person who injures or fails to re- turn any boolc talien is liable to the librarian in three times the value thereof. § 2300. The State library fund consists of the fees collected and paid into the State treasury by the Secretary of State and Surveyor-General. [Amendment appoved March 30, 1874; Amend- ments 1873-4, p. 38. In effect July 6. 1874.] § 2301. During the session of the Legislature and of the Supreme Court, the library must be kept open every day from nine o'clock a. m. until nine o'cloclv p. m.. and at other times during such hours as the trustees may direct. § 2302. The annual salary of the librarian is three thousand dollars. § 2303. The annual salary of each deputy is eighteen Imndred dollars. § 2304. The librarian must execute an official bond in the sum of three thousand dollars. Official bonds: Sec. 947 et seq. § 2305. This chapter shall be in force and ef- fect from and after the first day of May. eighteen hundred and seventv-two. CHAPTER lY. SUPREME COURT LIBRARY. § 2313. Who may use. « 2314. Librarian and his duties. § 2315. Who may take books. S 2316. Fund for support of. § 2313. This library is for the use of the jus- tices and counselors-at-law of the Supreme Court. S 2314. The justices of the Supreme Court are hereby authorized to appoint a librarian for the 459 Other Public lustitutious. §§ 231o-2:52() Supreme Court library, who, under their direction, shall conduct its affairs and be responsible for its care. He shall receive the salary provided for in section seven hundred and thirty-nine of this Code. [Amendment approved March 27, 1897; Amendments 1897, ch. cl. In effect immediately.] § 2315. Books may be taken from this library by the justices of the Supreme Court. At the re- quest of a counselor of the Court, the bailiff must take from the library to the Courtroom books for use in the argument of any caus®^ § 2316. The Supreme Court library fund con- sists of fees collected by the clerk of the Court, as provided in section 753 of this Code, and is under the control of the Court. Upon its order the Con- troller must, "Without the approval of any board, draw his warrant upon the treasurer for the amount specified, and in favor of the person des- ignated in such order, which warrant must be paid out of such fund. CHAPTER V. OTHER PUBLIC INSTITUTIONS. § 2326. State Agricultural Society. § 2327. University of California, Normal School. § 2328. State Prison. § 2326. The powers, duties, privileges, and rights of the California State Agricultural Society are fixed by "An Act to incorporate the State Agricultural Society, and to appropriate money for its support." approved May thirteenth, eighteen hundred and fifty-four, and the acts supplemental tliereto, approved March twelfth, eighteen hun- dred and sixty-three, and April thirteenth, eigh- teen hundred and sixty-three. Board of Agriculture: See sec. 705. Acts relating to State Agricultural Society: Stats. 18,54, p. 163: 1858, p. 80. Supplementary Acts. Stats. 1863, pp. 49, 259. Act for encourage- ment of agriculture and other industries: Stats. 1872. p. 442. Special Acts: Stats. 18.59, p. 20; 1861: pp. 228, 272, .501: 1864. p. 313; 1870, p. 820; 1874, 3. 619; 1876, p. ,574; 1878. p. 332. State manage- nent and control: Stats. 1880, p. 212 or 49. See also General Laws, title "Agriculture." §§ 2327, 2328 other Public Institutions. 4»;m Agricultural societies— ag:ricultural districts and agricultural associations therein under State con- trol: Stats. 1880. p. 238 or G2. J^ormer Act on like subject: Stats. 1859, p. 104; amd. by Stats. 1878, p. 84. Agricultural Fair Corporations: Civil Code, sees. 620-622, and see sec. 288 of same. See also Oeneral Laws, title "Agriculture.' Horticultural Commissioners — County Boards of: Stats. 1881, p. 88. See also General Laws, title "Horticulture." § 2327. The control and management of the University of California and the State Normal School are provided for in Title III, of Part III, of this Code. University of California: Sees. 1385-1477. State Normal School: Sees. 1487-1507. § 2328. The control and management of the State Prison is provided for in Part III of the Penal Code. State Prison— Control and management of: See Act in Stats. 1880, p. 243 or 67; amd. by Stats. 1881, p. 81. Appropriations for deficiencies for completion of Branch State Prison at Folsom: Stats. 1881. p. 38; for manufacture of jute at State Prison in San Quentin: Stats. 1881. p. 34. Acts relating to state prisons: wSee Penal Code, Appen- dix, p. 654, title "State Prisons." Other public institutions— State Hospital and Asylum for Miners created: Stats. 1881, p. 83. See sec. 573, Penal Code. 461 Public Waters. § 2348 TITLE VI. PUBLIC WAYS. Chapter I. Public Waters. II. Highways. III. Toll Roads. IV. Toll Bridges and Ferries. V. Wharves, Chutes, and Piers. VI. Miscellaneous Provisions Relating to Public Ways. CHAPTER I. PUBLIC WATERS. Article I. General Provisions respecting Public Waters. II. Navigation. III. Floating Lumber. IV. Wrecks and Wrecked Property. V. Pilots and Pilot Commissioners. VI. Pilot Regulations for San Francisco, Benicia, and Mare Island. VII. Pilot Regulations for Humboldt Bay and Bar. VIII. Port Wardens. IX. San Francisco Harbor and State Harbor Com- missioners. X. Harbor Commissioners for Port of Eureka. XI. Harbor Commissioners for Bay of San Diego. ARTICLE I. GENERAL PROVISIONS RESPECTING PUBLIC WA- TERS AND OBSTRUCTIONS THEREIN. § 2348. What waters are public ways. § 2349. Certain streams and waters declared navigable, and are public ways. § 2350. Penalty for felling trees into public waters. § 2351. Napa creeks declared navigable. § 2348. Navigable waters and all streams of sufficient capacity to transport the products of the country are public ways for the purposes of navi- gation .and of such transportation. Navigable waters— frontages on, subject to right of eminent domain: Const. Cal. 1879, art. 15, see. § 2349 Public Waters. 462 1; prohibition against obstruction: Const. Cal. 1879, art. 15, sec. 2. Navigable stream — obstructing is misdemeanor: I'enal Code, sec. 612. Bridges— across navigable streams and other waters: Stats. 1881, p. 78. Towpaths — along banks of navigable streams, authorized: Stats. 1872, p. 940. Watercourses as boundaries: See sec. 830, Civ. Code. Improving streams noAV navigable: Sec. 4085, post. Declaring streams innavigable for floating lum- ber: See General Laws, title "Waters." xVppointment of examining commission on rivers and harbors: See General Laws, title "Waters." § 2349. The following streams and waters are declared public ways: So much of a slough as lies between Simons Canal, in the town of Alviso, and the bay of San Francisco; Petaluma River, from its month to the southerly line of Washington Street, in the city of Petaluma; the Sonoma River, between its mouth and a point opposite Fowler's Hotel, in the town of San Luis: the Napa River, between its mouth and the toll-bridge; the Suisun River, between its mouth and the town of Suisun embarcadero; the .Sacramento River, between its mouth and tlie moutli of Middle Creels; the Feather River, between its mouth and a point fifty feet below the bridge crossing Feather River first above the mouth of the Yuba River; the Yuba River, between its mouth and a point at the mouth of the slough at the foot of F Street, in the city of ^Larysville: the San Joaquin River, be- tween its mouth and Sycamore Point; the Stocli- ton Slough, between its mouth and the west line of El Dorado Street, in Stocliton: the Mokelumne River, between its mouth and the first falls; the Tuolumne River, between its mouth and Dickin- son's Ferry; Deer Creek, between the house of Peter Lassen and its mouth; Big River, three miles from its mouth; Noyo River, three miles from its mouth; Albion River, three miles from its mouth; San Antonio Creek, in the county of Ala- meda, from its mouth to the old embarcadero of San Antonio; the Arroyo del Medo, in the county of Santa Clara, from its mouth to the upper line of the town of New Haven; Mission Creek, in the 463 Public Waters. § 2349 county of San Francisco; that portion of Channel Street in the city of San Francisco, and lying east of and between the easterly line of Harrison Street and the water-front of tlae bay of San Fran- cisco, the width thereof to be sixty feet from Har- rison to the northeasterly line of Seventh Street, and one hundred and forty feet froin the north- easterly line of Seventh to the city front; that certain creek running through tide-land survey numbered sixty-eight, and swamp and overflowed land survey numbered one hundred and fortj'-five, from its mouth to the head of tide-water therein; San Leandro Creeli, from its mouth at San Fran- cisco Bay to x\ndrews's Landing; San Lorenzo Creeli, from its mouth at San Francisco Bay to Roberts's Landing: Johnson's Creek, from its mouth at San Francisco Bay to Simpson's Land- ing; the north branch of Alameda Creek, from its mouth to Eden Landing; Sau Rafael and Corte Madera creeks, in Marin county, from their mouths as far up as tide-water tiows therein; the Neuces Creek, from its mouth at Suisun Bay to a point one-half mile above the warehouse of George P. Loucks; Diablo Creek, from its junction with the Neuces, to a point opposite the warehouse of Frank Such, in Contra Costa Coimty;the Arroyo fie San Antonio, or Keys Creek, in Marin County, from its mouth at Tomales Bay to the warehouses on the point at Keys embarcadero; all the streams and sloughs emptying into Elk River, and all streams and sloughs south of Eureka, in Hum- boldt County, which are now or at any time have been used for the purpose of floating logs or tim- ber, and all the sloughs south of Humboldt Point, in said county, that at high water have a depth of two feet of water, and wide enough to float and admit a boat carrying five tons or more freight; Novato Creek, or estuary, in Marin County, from its mouth to Sweetzer's Landing; Salinas River and Elkhorn Slough, or Estero Viejo, in Monterey County, from its mouth as far up as tide-water flows. [Amendment approved March 11, 1891; Stats. 1891, p. 96.] Basis of section: Stats. 1852, pp. 182, 223; 1854, p. 18; 1858, p. 127; 1860, pp. 126, 159, 257; 1861, pp. 49, 274; 1868, pp. 355, 356, 486, 680; 1870, pp. plication of the owner or consignee of the property, or the master or supercargo having charge thereof at the time of the wreck, or of a claimant having an or- 473 Wrecks. §§ 2414-2416 der therefoiT, or of a person claiming salvage or expenses, must determine the same in a summary way, either by itself hearing the allegations and proofs of the party, or by referring the questions to three disinterested freeholders of the county, who must have the same powers and must proceed in the same manner as referees in civil actions, and whose decisions as to the whole amount, and as to the sums to be paid to each person interested, must be entered as the judgment of the court. [Amendment approved April 3, 1880; Amend- ments 1880, p. 22. In effect April 3, 1880.] Referees in civil actions: Code Civ. Proc, sees, 638-645. § 2414. The fees and expenses of the contest must be paid by the person upon whose applica- tion it was liad, and are a charge on the property saved. Each referee is entitled to such per diem and expenses as tlie county judge may deem just. § 2415. If, within a year after saving wrecked property, no claimant of the property or its pro- ceeds appears, or, if within three months after a claim, the salvage and expenses have not been paid, or a suit for the recovery of the property or its proceeds has not been commenced, the officer in whose custody it may be must sell it at public auction, if not already sold, and pay the proceeds of such sale, deducting salvage and expenses, into the treasury of this State, for the benefit of the parties interested; but in no case must any de- duction of salvage and expenses be made, unless the amount has been determined by the superior court of the county, a copy of whose order, and of the evidence in support thereof, must be trans- mitted by the judge to the controller. If any money paid to a county treasurer, under section twenty- four hundred and seven, remains in his hands more than a year after it has been paid to him, the same must be paid into the State treasury. [Amendment approved April 3, 1880; Amend- ments 1880, p. 22. In effect April 3, 1880.] § 2416. Public notice of every sale of wrecked property under the provisions of this chapter must be publishefl by the officer making the sale for at least two weeks in succession in one or more new.spapers printed in the county, or if none is §§ 2417, 2418 Wrecks. 474 printed therein, then by written or printed notices in three of tlie most public places in such county, posted up at least fifteen days previous to such sale. Every notice must state the time and place of the sale and contain a particular description of the property to be sold. § 2417. Every sheriff into whose possession any wreclied property comes must immediately thereafter publish, for at least two weeks in suc- cession, in one or more of the newspapers printed in this State, a notice directed to all parties inter- ested, giving a minute description of the prop- erty, and of every bale, box, case, piece, or parcel thereof, and of the marks, brands, letters, and fig- ures on eacli, and stating where the same then is, and its actual condition, and the name, if known, of the vessel from which it came, her master and supercargo, and the place where such vessel then is, and her actual condition. Defacing marks upon wrecked property: Penal Code, sees. 355, 356. § 2418. The expense of publishing notices un- der the provisions of this chapter is a charge upon the property or proceeds to which it relates. 475 Pilots and Commissioners. §§ 2429,2430 ARTICLE V. PILOTS AND PILOT COMMISSIONERS. § 2429. Qualifications of pilots. § 2430. Commissions and license. § 2431. Pilots to take official oath and give bond. § 2432. Vessel, owner, etc., liable for pilotage. § 2433. Owners to compensate pilots for loss. § 2434. Pilot to show commission or license, when. § 2435. Pilots carried to sea or detained. § 2436. Pilots for ports other than San Francisco, Mare Island, Benicia, and Humboldt Bay. § 2437. Further duties of pilots. § 2438. Violating regulations. § 2439. Piloting vessels without license, g 2440. Pilot Commissioners, for San Francisco, Mare Island and Benicia, how appointed. I 2441.''. Pilot Commissioners for Humboldt Bay and Bar how appointed. § 2442. Term of office. § 2443. Boards to organize, and meetings. § 2444. Powers of President. § 2445. Powers of the Boards. § 2446. Secretaries of Boards, and records. § 2447. Not to be interested in pilot boats. § 2429. No person must be appointed a pilot unless he is an American citizen, over the age of twenty-one years, with a practical knowledge of the management of sailing vessels and steam- boats, and of the tides, soundings, bearings, and distances of the several shoals, bars, roclis, points of land, lighthouses, and fog signals of the ports and liarboi's for which he is appointed, of good moral character, and temperate, with the skill and ability necessary to discharge the duties of pilot. Basis of section: Stats. 1850, p. 46; 1860, p. 74; 1870, p. 344. . Examination— as to qualifications: Sec. 2430. § 2430. Pilots appointed Ijy Commissioners must be carefully examined as to their qualifica- tions, and, if found to be qualified and worthy, must receive license as pilots for the term of twelve months, which license shall be thereafter annually renewed until the commissioners have good cause to withhold such renewal; and when- ever the commissioners deem they have such cause, or intend for any reason to withhold such §§ 2431-2434 Pilots and Commissioners. 476 renewal, the secretary of the board of commission- ers shall serve notice, in writing, on such pilot, specifying the causes, at least ten days before the expiration of his license; and such pilot shall thereupon be entitled to a full hearing before said board. [Amendment approved March 29. 1878; Amendments 1877-8, p. 46; repealed conflicting provisions of code. In effect March 2-9, 1878.] Basis of section — before amdt. 1878: same as last section. Amendment 1878— added provisions for renewal of license, for more definite notice of withholding, and for liearing before board. Qualifications: Sec. 2429. Hearing before board: See. 2464. § 2431. Every pilot must execute an official bond in the sum of five thousand dollars, to be approved by the officer or board appointing him. The bonds of pilots appointed by commissioners must be filed with such commissioners. Basis of section: Same as of sec. 2429. Official bond: Sees. 947-986; liability of pilot on his official bond, sec. 2438. § 2432. All vessels, their tackle, apparel, and furniture, and the master and owners thereof, are jointly and severally liable for pilotage fees, to be recovered in any court of competent jurisdiction. Basis of section: Stats. 1870. p. 349. sec. 22. § 2433. If any pilot, in endeavoring to assist or relieve any vessel in distress, suffers loss or dam- age in his boats, sails, tackle, rigging, or appurten- ances, the master, owner, or consignee of such vessel must pay the value of such loss or daimage, to be ascertained by the commissioners. Section founded: On Stats. 1860, p. 78, sec. 33. § 2434. Every pilot, on boarding a vessel, when required by the master thereof, must exhibit his commission or license as pilot. A refusal so to do subjects him to a forfeiture of his commission or license, and to a recovery of fifty dollars on his bond in a suit instituted for that "purpose by the authority appointing him. Basis of section: Stats. 1860, p. 74; 1870, p. 344. Licefise as pilot: Sec. 2430. 477 Pilots and Commissioners. §§ 2435-2437 § 2435. Every pilot carried to sea against his will, or unnecessarily detained on board of a ves- sel when a pilot boat is in attendance to receive him, is entitled to receive the sum of eight dollars per day while necessarily absent or detained, not to exceed in the aggregate the sum of one thou- sand dollars in any one case, which sum may be recovered by action against the master or owner of the vessel so taliing him away. Section founded: On Stats. 1850, p. 46; 1860, pp. 74, 77; 1870, p. 344. Act providing pilots for Port of Wilmington and Harbor of San Pedro: See post. Appendix, p. 1058. § 2436. Pilots for all the ports in this State, other than San Francisco, Mare Island, Benicia, and Humboldt Bay, are governed by the follow- ing regulations: 1. They must lieep, for the purpose of piloting, at least one boat for every six pilots, in good con- dition, and seaworthy, sufficiently large to cruise in heavy weather, to be exclusively used as a pilot boat. 2. They must cruise at least ten marine miles seaward from the headlands at the entrance of the port. 3. They shall receive for piloting every vessel into or out of port the sum of eight dollars per foot draught. 4. When the person commanding any vessel re- fuses to talie a pilot, the pilot first offering his services is entitled to half pilotage. 5. For incompetency, neglect of duty, or other good cause, the Governor may suspend or remove any pilot appointed by him. 6. They must strictly observe and obey all le- gally established quarantine regulations. Basis of section: Stats. 1850, p. 46. Act to establish pilots and pilot x'egulations for San Di«go: See post, Appendix, p. 1058. § 2437. When cruising off or standing out to sea. pilots must go to a vessel nearest to shore, or in the most distress, under a penalty of one hun- dred dollars; for refusing to go on board a vessel when required, a like penalty of one hundred dol- lars may be imposed; in either case, upon convic- tion, the pilot may be suspended or expelled, at the discretion of the commissioners. Section based on: Stats. 1860, p. 78. §§ 2438-2441 Pilots aud Commissioners. 478 § 2438. For every violation of the duties and regulations herein specified, the pilot so violating is liable on his official bond to the party aggrieved to the amount of the damages sustained. Official bond— of pilot: Sec. 2431. § 2439. Any person not the master or owner, and not holding a commission or license as a pilot, who pilots anv vessel into or out of any harbor or port of this State for which there are commis- sioned or licensed pilots, must be punished there- for as provided in the Penal Code, Section 379, and must pay to the pilot entitled ta- pilot such vessel the amount of pilotage or towage collected by him. Basis of section: Stats. 1860, p. 77; 1870, p. 345. Unlicensed piloting — is misdemeanor: Penal Code, sec. 379. § 2440. There must be appointed by the Gov- ernor, by and with the advice of the Senate, three experienced and competent shipmasters or nau- tical men. citizens of the United States, and resi- dents in either of the cities of San Francisco, Oak- land, Vallejo, or Benicia. or of the towns of Brooklyn or Alameda, a board of pilot commis- sioners for the ports of San Francisco, Mare Island, and Benicia. Sf^G DGXt SGCtiOD Basis of section: Stats. 1870, p. 344. sees. 1-23. Pilots for San Diego: See Stats. 1872, p. 650. Pilot Regulations— for San Francisco, Mare Island and Benicia: Sees. 2457-2470. § 2441. There must be appointed by the Gov- ernor three pilot commissioners for Humboldt Bay and Bar. Two of the persons so appointed must be resident business men, and the other a ship- master or nautical man, and a resident of Eureka. Humboldt County, who must constitute a board of pilot commissioners for Humboldt Bay and Bar. Basis of section: Stats. 1860. p. 74. Pilot Kegulations— for Humboldt Bay and Bar: Sees. 2476-2491. San Diego Pilots and Pilot Regulations: Stats. 1872, p. 650. 479 Pilots and Commissioners. §§ 2442-2446 § 2442. The commissioners hold their offices during the pleasure of the power appointing them, not exceeding four years from the date of their commissions. Basis of section: Stats. 1870, p. 344; 1860, p. 74. § 2443. The commissioners must organize as boards, respectively, by the election of presidents, secretaries, and treasurers. They must provide for themselves offices, in which they must meet as follows: The "San Francisco Board" must meet once a month in the city of San Francisco, and the "Humboldt Board" must meet at Eurelsa on the first Mondays in January, April, July, and Octo- ber. Basis of section: Stats. 1860, p. 75; 1870, p. 345. § 2444. The president of each board is author- ized to administer oaths in regard to any matter propei-ly before it, and to issue subpoenas in like cases for witnesses. A witness disobeying such subpoena served on him must pay to the board one hundred dollars, for which judgment may be recovered by the president in a civil action. Basis of section: Stats. 1870, p. 345. Administi'ation of oaths, etc.: Code Civ. Proc, sec. 2093 et seq. Subpoenas for witnesses, etc.: Code Civ. Proc, sec. 1985 et seq. § 2445. Each board must malje by-laws and rules for the government of pilots appointed by it; and may adjourn their regular meetings from time to time. The Humboldt board must hold a special meeting on notice of one member, pub- lished in a newspaper in Humboldt County five days prior to the proposed meeting. The San Francisco board may appoint a secretary ancT fix his compensation, not to exceed the sum of two hundred and fifty dollars per month. The secre- tary of the Humboldt board must be one of the members thereof. Basis of section: Stats. 1860, p. 75; 1870, p. 345. § 2446. The secretary of each board must keep a journal of all its proceedings and acts, and a register of all ]>ilots appointed, their residence and date of license; and must, under order of the §§ 2447-2457 Pilot Regulations. 480 board, issue licenses to be signed by the president, and countersign the same. The secretary of the Humboldt board is the treasurer thereof. Basis of section— and of next: Stats. 1870, p. 345; 18G0, p. 75. § 2447. Neither the commissioners nor their secretaries must have any interest in any pilot boat or steam tug, nor in the earnings thereof, other than for compensation as herein provided. Any one violating this section forfeits his office. Stats. 1870. p. 345. sec. 6. ARTICLE VI. PILOT REGULATIONS FOR SAN FRANCISCO, MARE ISLAND, AND BENICIA. § 2457. Commissioners to examine and license pilots. § 2458. Pilots to keep boats. § 2459. Pilots to prevent premature boarding. Arrest of offenders. § 2460. To render monthly account of pilotage. § 2461. Board may revoke license and suspend pilots. § 2462. Causes for revocation. § 2463. Complaint against pilot to be verified, and how disposed of. § 2464. Trial and review on withholding or revocation of license. § 2465. Certain pilotage to be agreed on. § 2466. Rates of pilotage at San Francisco. § 2467. Exemption from pilotage of certain vessels. § 2468. Certain vessels exempt from pilotage. § 2469. When two pilots offer services. § 2470. Pilot bringing in vessel entitled to take her out. § 2457. The board of commissioners must ex- amine and license, in the manner prescribed, not less than fifteen nor more than twenty pilots for the port of San Francisco, and not more than two pilots for the ports of Mare Island. Valle.lo. and Benicia. [Amendment approved March 29. 1878: Amendments 1877-8, p. 46. In effect March 29, 1878.] Before amendment 1878— special provisions in this and next sections for pilots attached to steam tug pilot boats. San Diego Pilots and Pilots Regulations: Stats. 1872, p. 650. 481 Pilot Regulations. §§ 2458-2461 § 2458. Pilots must at all times keep, for their exclusive use, boats of siicli description and good condition as directed by the board. [Amendment •approved March 29, 1878; Amendments 1877-8, p. 46. In effect March 29, 1878.] § 2459. Every pilot in charge of a vessel arriv- ing in the port or harbor of San Francisco, must safely moor the vessel in such position as the mas- ter of the vessel or harbormaster may direct. He must prevent all persons (except officers of the state or Federal Governments, owners or con- signees of the vessel or cargo, and persons admit- ted on the express order of the master) from boarding such vessel until she has been safely moored. To enforce the provisions of this section, and other police regulations for the harbor, every pilot in charge of a vessel entering the harbor of San Francisco is authorized and empowered to ar- rest every one who, in opposition to the master's orders, persists in boarding such vessel, or who, having boarded her, refuses to leave on the com- mand of such master or pilot; when so arrested he must be immediately brought before the police judge's court, or admitted to bail, as provided in the Penal Code. Basis of section: Stats. 1870, p. 347. Bail: Penal Code, sees. 1268-1317. § 2460. Every pilot of the harbors of San Francisco, Mare Island, Vallejo, and Benicia, must, once in each month, render to the board an account of all moneys received by him, or by any other person for him, or on his account, and pay five per cent thereof to the board, in full compen- sation for its official services, for the services of its secretary and treasurer, and all incidental ex- penses. Basis of section— and next four sections: Stats. 1870, p. 347. § 2461. The board has power summarily to sus- pend pilots for misconduct, inattention to their du- ty, intoxication, or violation of any of the rules and regulations provided by the board for the government of pilots, and to revoke the license of pilots for the causes hereinafter mentioned, up- on due proof thereof, as hereinafter provided. The Pol. Code--4]. §§ 2462,2463 Pilot Regulatious. 482 board must immediately suspend every pilot com- plained of until the complaint is investigated and decided. § 2462. Any pilot may be deprived of his li- cense before its expiration for the following causes only: 1. For neglect, for thirty days after the same becomes due, as provided in the second preceding section, to render an account to the board of pilot commissioners of all moneys received by him for pilotage; ' i 'It; 2. For neglect, for thirty days after the same becomes due, to pay over to the board the five per cent on the pilotage money received by him; 3. For rendering to the board a false account of pilotage received; 4. For absenting himself from duty for more than one month at any one time, except upon leave granted by the board, or by reason of sicliness or personal injury; 5. For refusing to exhibit his license when re- quested to do so by the master of any vessel he may have boarded; 6. For habitual or occasional intoxication, whether the same occurs while in charge of any vessel as pilot or in charge of a pilot boat, or at any other time; 7. For negligently, ignorantly. or willfully run- ning any vessel on shore, or otherwise rendering her liable to injury. Any pilot deprived of his li- cense under this subdivision is thereafter inel- igible to receive a license as pilot. 8. For willful violation of the rules and regula- tions adopted by the Board of Commissioners for the government of pilots. § 2463. No complaint against any pilot for any of the charges specified in the preceding section must be entertained by the board, unless it is with- in the knowledge of the commissioners, or reduced to writing and verified, as in civil actions. When a written complaint is filed, the pilot accused must be forthwith served with a copy thereof by the sec- retary, and required to appear and answer within ten days thereafter. Tf, upon the hearing of a complaint and the testimony in relation thereto, the board adjudges the comjilaint well founded, and the pilot guilty of any of the acts or causes 483 Pilot Regulations. §§ 2464-2466 herein declared sufficient for depriving him of his license, the board must by order so declare, and forthwith revolie his license. Such order must be entered of record in the minutes by tlie secretary. § 2464. Whenever any pilot has been notified that his license will not be renewed, as provided in section two thousand four hundred and thirty of this Code, he shall be entitled to a trial and hearing thereon, in the same manner that other charges and complaints are tried under the provis- ions of section two thousand four hundred and sixty-three of this Code; and in all such cases, and in all cases of revocation of license, or suspension of a pilot for any cause, the board may, in its discretion, upon" written application, setting forth the grounds thereof, verified by the party aggrieved, gi-ant a rehearing; and in all cases the final decision of the board shall be sub- ject to review in tlie superior court of the city and county of San Francisco, to which court any such case, with all the papers and proceedings therein, shall be immediately certified by the secretary of said board, when so required by the pilot interest- ed therein. Any case so certified to in the superior court shall be then tried de novo. The judgment of the court shall be final and con- clusive. If the decision of the board be reversed, the judgment sliall operate directly to restore the pilot to all his former riglits, status, and privileges without further action of the board. But the board shall, nevertheless, upon being served with a certified copy of such judgment, restore or renew the license of such pilot, as the judgment may di- rect. [Amendment approved March 14, 1881; Stats. 1881, p. 85. In effect March 14. 1881.] Superior court— read county court, before amdt. 1881. § 2465. The pilotage inside the heads to the anchorage opposite San Francisco and about the harbor, or between the harbor of San Francisco and the ports of Mare Island, Vallejo, or Benicla, must be at such rates as agreed on between the parties, not to exceed five dollars per foot draught. Basis of section: Stats. 1870, p. 349. § 2466. The following shall be the rates of pi- lotage into or out of the harbor of San Francisco: §§ 2467-2469 Pilot Regulations. 484 All vessels under five hundred tons, five dollars per foot draught; all vessels over five hundred tons, five dollars per foot draught, and four cents per ton for each and every ton registered meas- urement. When a vessel is spolien, inward or out- ward bound, and the services of a pilot are de- clined, one-half the above rates shall be paid. In all cases where inward bound vessels are not spoken until inside of the bar, the rates of pilot- age and one-half pilotage above provided shall be reduced fifty per cent. Vessels engaged in the whaling or fishing trades shall be exempt from all pilotage, except where a pilot is actually em- ployed. [Amendment approved March 29, 1878; Amendments 1877-8, p. 47. In effect March 29, 1878.] Half pilotage; See sec. 2436, ante. § 2467. Any vessel in tow of a steam tug. be- tween the harbor of San Francisco and the ports of Mare Island, Yallejo. or Benicia, shall be ex- empt from all charges for pilotage, unless a pilot be actually emploved. [Amendment, approved March 29, 1878; Amendments 1877-8. p. 47. In ef- fect March 29, 1878.] Basis of section: Stats. 1870, p. 349. § 2468. All vessels sailing under an enrollment, and licensed and engaged in the coasting trade be- tween the port of San Francisco and any other port of the United States, shall be exempt from all pilotage, unless a pilot be actually employed. All foreign vessels, and all vessels from a foreign port or bound thereto, and all vessels sailing un- der a register between the port of San Francisco and any other port of the United States, shall be liable for pilotage and half-pilotage, as provided in section two thousand four hundred and sixty- six of this Code. [Amendment adopted April 6, 1891; Stats. 1891. p. 496.] Stats. 1870, p. 345. § 2469. AYhen two or more pilots shall offer their services to any vessel inward bound, the pi- lot first oft'ering, or one connected with the same boat, shall have preference, and if the services of another be accepted, the vessel, her appurte- nances, and the master and owner thereof, shall 485 Pilot Kegulations. §§ 2470-2476 be jointly and severally liable to the pilot entitled to such preference for one-half the amount of pi- lotage he would have been entitled to had his ser- vices been accepted. [New section approved March 29, 1878; Amendments 1877-8, p. 47. In ef- fect March 29, 1878.] Section added— by amdt. 1878. § 2470. Any pilot bringing a vessel into the harbor of San Francisco (or one connected with his boat) shall be entitled to take such vessel to sea again when she next departs; provided, such pilot and those connected with his boat have not in the meantime become in any manner disquali- fied or incapacitated; and -if such preference be disregarded by the master of such vessel, the ves- sel, master, and owner shall be liable to the pilot entitled to such preference for one-half the amount to which he would be entitled if his ser- vices had been accepted. [New section approved March 29, 1878; Amendments 1877-8, p. 47. In ef- fect March 29, 1878.] Section added— by amdt. 1878. ARTICLE VII. PILOT REGULATIONS FOR HUMBOLDT BAY AND BAR. § 2476. Board to appoint and remove pilots. § 2477. To make rules to govern themselves and pilots. § 2478. Pilots to be attached to steamboats. Damages. § 2479. Pilot having priority. § 2480. Pilotage and towage. § 2481. Pilot responsible for loss or detention of vessel. § 2482. Commissioners to recover forfeitures, etc. § 2483. Compensation of Commissioners. § 2484. Secretary to publish receipts. § 2485. Pilots to observe regulations. § 2486. License, how forfeited. * § 2487. Pilot losing vessel. § 2488. Extra services. § 2489. Full pilotage. § 2490. Further fees. § 2491. Claims against Board. § 2476. The Humboldt board may appoint for Humboldt bay and bar such number of pilots as are necessary, subject to be removed by the board at any time. §§ 2477-2481 Pilot Regulations. 48« Basis of article: Stats. 1860, p. 75 et seq. San Diego pilots and pilot regulations: Stats. 1872, p. 650. Act to improve Humboldt bay: See General Laws, title "Humboldt Bay." § 2477. The commissioners may make by-laws and rules for their own government and for the government of the pilots, and fix penalties for the breach of the same; a copy whereof they must furnish each pilot appointed. They may also sus- pend or revoke the licenses of pilots appointed by them, for incapacity or misconduct. § 2478. All pilots licensed or appointed for Humboldt bay must be attached to a steamboat well furnished and fitted for the service, having the necessary hawsers and spring lines suitable to cross and tow vessels over Humboldt bar in ordin- arily rough weather. Any damage to a vessel in tow of a pilot boat, resulting from negligence or carelessness, may be recovered of the pilot boat, its owners, or the pilots in charge thereof at the time the injury occurred: they are jointly and sev- erally liable therefor. § 2479. The pilot who brings any vessel into the port has priority in piloting or towing the same out; and the master of the vessel outward bound must apply for pilotage or towage on board the pilot boat which brought the vessel in, and tender the pilotage or towage fee. Such pilot, or a suitable substitute, must immediately render the required service, and for a failure so to do forfeits his appointment. If the pilot, in bringing the vessel in, was guilty of negligence or careless- ness, he thereby forfeits his risrht of priority. § 2480. Tlie following fees are collectible by the pilots of Humboldt bay: 1. For piloting vessels, eight dollars per foot draught. 2. For towage, an amount to be agreed upon be- tween the parties. § 2481. If any vessel bound for Humboldt bay is lost or unnecessarily detained for want of a pi- lot or steam tug boat, after raising a signal for a pilot within eight miles of the bar at the entrance 487 Pilot Regulations. §§ 2482-2486 of the bay, the pilots may be suspended or dis- placed by the commissioners; and those guilty of negligence or inattention must pay to the com- missioners a sum not exceeding live hundred dol- lars, to be recovered in a suit by them, and are liable to the owners of the lost or detained vessel in the amount of dam.age resulting from such neg- ligence or inattention. The commissioners must publish all proceedings had in such cases. § 2482. The commissioners must sue for and recover all penalties and forfeitures from pilots, masters, or owners of vessels, or other persons, or from the vessels violating any of the provisions of this article. The money so collected must be paid into the county treasury of Humboldt coun- ty, for the use of the public schools, the commis- sioners first deducting therefrom, if sufficient, enough to defray their salaries and necessary ex- penses. § 2483. The commissioners must each receive the sum of four dollars per day for each day actu- ally employed in the discharge of their duties, and all necessary expenses for stationery, lights, and fuel used in their office, which sum must be de- ducted from the moneys received by them before depositing the same in the county treasury. § 2484. On the first week in January of each year, the secretary of the board must cause to be published in a newspaper published in Humboldt county, a full account of all the receipts and ex- penditures for the year previous. § 2485. The commissioners of Humboldt bay and bar must strictly observe and enforce the fol- lowing regulations: 1. A pilot absenting himself from his duty for more than two months forfeits his license. 2. Each pilot must apply for a renewal of his li- cense ten days before the expiration thereof, oth- erwise it must not necessarily be renewed. ?,. If a pilot becomes intoxicated while in charge of a vessel as pilot, he must be suspended or dis- missed and his license withdrawn. § 2486. Tjicenses of pilots are forfeited, and must be withdrawn by the board of commission- ers in the following cases: §§ 2487-2491 Pilot Regulations. 488 1. A failure to i-enew his bond or sureties when required by the board. 2. Willful violation of any duty prescribed by law, or a regulation of the board. 3. Negligently losing a vessel. 4. Mental derangement. 5. Habitual drunkenness. Notice of any charge must be given to the pilot accused, and an opportunity to defend himself giv- en before his removal. § 2487. A pilot negligently losing a vessel must not thereafter receive a license as a pilot, and is liable for all damages sustained in consequence of such neglect. If a pilot negligently runs a vessel on sliore, he must receive no pilotage; and he is liable on his bond for all damages sustained. § 2488. The master, owner, or consignee of any vessel to Avhom any pilot may have rendered, upon request of either of them, any extra service for the preservation of such vessel while in dis- tress, must pay such pilot, in addition to his reg- ular fees, such amount as the commissioners de- termine to be a reasonable and just reward, if no special agreement has been made between such master, owner, or consignee of such vessel and the pilot. § 2489, A pilot boarding any vessel displaying a signal for a pilot is entitled to receive full pilot- age. § 2490. The commissioners are entitled to charge for each license to a pilot a sum not exceed- ing fifty dollars; and any master of a coasting vessel, being an American citizen, can, upon appli- cation to the pilot commissioners, obtain a special license for the use of siich vessel only, by paying the commissioners for the same at the rate of one dollar per ton; all such vessels must be under one hundred and seventy-five tons burden. § 2491. All claims against the commissioners must be considered at a stated meeting, and if cor- rect must be allowed and paid. Article is founded upon Stats. 1860, p. 75. 489 Port Wardens. §§ 2501-2505 ARTICLE VIII. PORT WARDENS. § 2501. Number of Port Wardens. ? 2502. Board for San Francisco. § 2503. Duty of Wardens. S 2504. To keep open record. § 2505. Surveys, and what same must set forth. § 250G. May call assistance, but no charge therefor. § 2507. Sales of wrecks, etc., and merchandise for foreign underwriter.s. § 2508. Notice of sale, how given. § 2509. Wardens not to be connected with insurance. I 2510. Fees for surveys and certificates. § 2511. Penalty for acting as Port Warden. § 2501. There are four port wardens for the port and harbor of San Francisco, and one for each and every other port of entry within this State. § 2502. Of the wardens appointed in San Fran- •cisco two or more must be master mariners. They must act in concert in tlae discharge of tlieir du- ties, and are known as the board of port wardens for the port of San Francisco. ■S 2503. The port wardens, when required by any person interested in either vessel or cargo, must survey any vessel arriving in distress, or which has sustained damage or injury at sea, and survey in whole or in part the cargo thereof; and must survey the hatches, stowage, and cargo of all vessels laden with general or assorted mer- chandise belonging or consigned to various par- ties. § 2504. They must keep in a book provided for such purpose a record of all surveys, signed by the warden making the survey, at all times open for inspection by any person interested in the ves- sel or cargo surveyed, of which all persons requir- ing them must be furnished with copies certified under the hand of the warden or one of the board of wardens and seal of the board, on payment of the fee therefor. § 2505. In all suiweys made by a port warden he must set forth clearly and fully the nature of §§2506,2507 Port Wardens. 4 front. § 2526. Limit of money to be collected. § 2527. Requisites of valid contract. § 2528. Disposition of moneys collected. § 2529. Vouchers, drafts and warrants. § 2530. Reports and receipts. § 2531. Ex officio members of Board. § 2532. New sea wall for San Francisco Harbor. § 2533. San Francisco Harbor Improvement Fund. § 2534. Limit of compensation for collecting dockage, etc. (Repealed.) § 2535. State Treasurer's receipts, disbursements, and ac- count books. § 2536. Proposals and contracts for construction of new sea wall. § 2537. Report of Commissioners to Governor. § 2538. Maps of changes in lines of water front or streets. § 2539. Office and duties of Chief Wharfinger. § 2540. Duties of Chief Wharfinger as to abandoned water- craft and boats adrift. § 2541. Failure to obey orders of Chief Wharfinger. § 2542. Obstructions to navigation. § 2543. Fast driving on wharves prohibited. § 2544. Police Judge's Court to try misdemeanors here- under. § 2545. Qualifications of offlcers. § 2546. Obligee on official bonds. § 2547. Seal. § 2548. When no tolls or wharfage to be collected. § 2549. Collections and payments in gold and silver coin only. § 2550. Wharfingers and collectors as special policemen. § 2551. Pending actions and proceedings not affected. § 2552. Salaries of officers. § 2553. Duties of Attorney General. § 2554. Office rooms. (Repealed.) § 2520. A board of State harbor commissioners, to consist of three persons, is hereby constituted, with such powers and duties as are prescribed by 493 Harbor Commissioners. § 2520 law. On the passage of tliis act, the governor must nominate and, by and with the consent of tlie Senate, appoint, one of said commissioners tu hold office for two years, one for tliree years, and one for four years, from the dates of their respec- tive commissions, and until their successors are qualified. The said officers must thereafter be nominated by the governor, and by and with the consent of the Senate, be appointed for four years from the dates of their respective commissions, and until their successors are qualified. If the term of office of any commissioner expire during the recess of the Senate, the governor must grant a commission to his successor, which shall be valid to all intents and purposes, subject, how- ever, to the consent of the Senate at its uext reg- ular session. If a vacancy occur from any cause in the office of a commissioner before the expira- tion of his term, his successor must be appointed and hold office only for the unexpired portion of such term. In case the Senate, during its session, fail to act on or refuse its consent to any nomina- tion the governor may malce of persons to con- stitute the board herein first provided for, or to fill a vacancy occm-riiig thereafter by expiration of the term or otlierwise, lie must, after the adjourn- ment of the Senate, grant a commission for the terms herein provided for, or for the unexpired portion of such term, as the case may be. subject, hoAvever, to the consent of the Senate at its next regular session; provided, that upon the passage of this act, the governor shall nominate three per- sons to fill such offices for tlie first term and sub- mit them to the Senate at least one day before its .final adjournment. The commissioner first ap- pointed for four years, and thereafter his succes- sors, shall be the president and executive officer of the board. It shall be his duty to preside at its meetings, to supervise the official conduct of all its officei's and employees, especially in the col- lection, custody, and dislnirsement of the revenues, and to require that all tlie books, papers, and ac- counts be accurately kept and in proper form, and all tlie provisions of law and the regulations of the board be enforced and oliserved. He may atluiin- ister official oatlis to the olficers and employees of the board, except the other commissioners, and to all other persons in relation to tlie business of Pol. Code- 42. § 2521 Harbor Commissioners. 494 the board. [Amendment approved March 7, 1883; Stats. 1883, p. 48. In effect March 7, 1883.] Harbor commissioners, mode of election and ap- pointment, reference hereto: Sec. 362; ex-officio members: Sec. 2531. Article reconstructed by amendments 1876, and again in 1883. Various acts relating to: See post. Appendix, p, 1035. § 2521. The president of the board must give an official bond in the sum of fifty thousand dol- lars, and each of the other commissioners in the sum of fifty thousand dollars, which must be ap- proved by the governor and state treasurer by written indorsement thereon, and within fifteen days after the date of their respective commis- sions must be filed and recorded in the office of the secretary of state, together with the official oath prescribed by law. The commissioners shall not be siu'eties for one another, nor shall any offi- cer of the State, nor any officer or member of the Legislature, be accepted as surety on said bonds. As soon as the commissioners first appointed un- der this act have qualified, the offices of the pres- ent commissioners shall be and are hereby de- clared to be vacant. The board, on entering on the duties of their office, must appoint the follow- ing officers, viz.: A secretary, an assistant secre- tary, an attorney, a chief engineer, a chief wharf- inger, and such number of wharfingers and collec- tors as they deem necessary. Such officers shall hold for a term of four years from the dates of their respective appointments, but may be removed by the board at any time, after due investigation, for causes affecting their official character or com- petency. The order for such removal, stating dis- tinctly the causes therefor, must He entered on their minutes. In case of a vacancy in such offi- ces by the expiration of a term, or for any other cause, the board must fill the same by an appoint- ment for four vears. [Amendment approved March 7. 1883: Stats. "1883. p. 48. In effect :March 7. 1883.] Commissions issued by governor: Sees. 891. 892. Official bonds generally: Sec. 947-986: required by this article to be to people of State: Sec. 2.546. Provisions as to bond of commissioners, prior to this amendment, founded on statutes 1863, p. 406; 1863-4, p. 138. J 495 Harboi' Commissioners. § 2522 Ex-officio members of board: Sec. 2531. Official oatli: Sees. 904-910. Seal of board: See. 2547. Qualifications of officers: Sec. 2545. § 2522. The secretary must keep tlie office of the board open every day, legal holidays excepted, from nine o'clock A. M. till four o'clock P. M. He shall safely keep and be responsible for all mon- eys paid into the office, and for all the books and papers of the board, attend their meetings and keep a perfect record of their proceedings, with the names of the commissioners present thereat. He must keep in proper books an account of all moneys received and paid, and on or befoi'e the fifth day of each month must send to the state controller a statement thereof, under oath, for the preceding month, showing the sources from which such mon- eys were received, and the purposes for which they were paid, and must also report to the con- troller the amount paid to the state treasurer for the month covered by such statement. He must enter dail.v, in proper wharf-books, the returns made by the wharfingers and collectors, and, on the last day of each month, settle the accounts of each of them, and balance the said books as soon as possible thereafter. When money is received from any source, he must retain a stub corres- ponding in number, date, and amount, with the re- ceipt therefor, and he must require the person paying it to sign said stub. He must record, at length, all contracts and agreements made by the ■ board, and keep a record of all personal property purchased, and its cost; and in case any be sold, the name of the purchaser, date of sale, and the price received therefor. Befoi'e entering on the duties of his office, he must give an official bond in the sum of fifty thousand dollars, and take and subscribe an official oath. Said bond must be ap- proved bj'the board, by written indorsement there- on, and be filed with such oath in the office of the secretary of state. The assistant secretary shall attend at the office during office hours, and must perform such service as may be required of him by the secretary of tlie board. Before entering on the duties of his office, he must give an official bond, in the sum of twenty thousand dollars, and take and subscribe an official oath. Said bond must be approved by the board by written indorse- § 2522 Harbor Commissioners. 490 ment thereon, and be filed witli such oath in the otljce of the secretary of state. The attorney shall attend to the prosecution and defense of all suits, and render such legal service as may be required of him by the board. The chief engineer must prepare such plans and specifications as the board may direct, and if adopted, and the A\orlc ordered by the board to be done, must superintend its con- struction. He must give constant attention to the condition of the seawall and thoroughfare, of the sheds, wharves, piers, and landings, of the streets or parts thereof under the jurisdiction or the board, and when repairs are needed, must forthwith report to the board, in writing, their na- ture and extent, and if ordered by the board, must have the same done at once. He must keep him- self informed as to the depth of water in the var- ious doclvs and slips, and report to the board, from time to time, what dredging is required. He must keep a register, properly indexed, showing the date, place, and character of every piece of work done and dock dredged, when begun and when finished, with proper descriptions and drawings. He must take and subscribe an official oath, and give a bond in the sum of ten thousand dollars, to be approved by the board by written indorse- ment thei-eon. Said bond and oath must be filed in the office of the board. The chief wharfinger must station, berth, and regulate the position of vessels in the docks and harbor, and cause them to remove from time to time, and from place to place, as the general convenience, safety, and good order may require. Subject to such regulation, he must assign berths to vessels in tlie order of their appbcation after entering the harbor. He must supervise the wliarfingers, and report to the board all cases of failure to perform their duties, and require all shipmasters, consignees, pilots, and masters of towboats to conform to the regulations of the board. He must require the docks, slips, wh.irves. piers, and other premises under the jur- isdiction of tlie lioard to be liept free of all ob- structions, and when parties fail to obey his order to remove tlie same, he must forthwith report the fact to the board, and execute tlieir order in rela- tion thereto. He must take and subscribe an otti- cial oath, and give such official bond as the board may require, subject to their approval, to be in- dorsed thereon. Said bond and oath must be filed 497 Harbor Commissioners. § 2523 in the office of the board. The wharfingers shall have supervision of tlie wharves to whieli they are assiguecl, and must reiiuire the regulations of the board and orders of the chief whartinger to be re spected and obeyed, and good order be preserved thereon. The collectors must collect the revenues in such manner as the board may direct, and must daily account for and pay all moneys into the of- tice." The wharfingers and collectors must each take and subscribe an othcial oath, and give such official bond as the board may require, subject to their approval, to be indorsed thereon; said bond and oath to be filed in their office. All the above named officers must perform such other duties pertaining to their iwsitions as the board may from time to time prescribe. The board may, iu its discretion, employ an assistant to the chief en- gineer, an assistant to the chief whai*flnger, a draftsman, a superintendent of dredgers, and such men on the dredgers, scows, towboats, and fireboats, and iu doing urgent repairs, as they deem advisalile, and prescribe their bonds, du- ties, and compensation; such employes shall hold their positions and be removable al the pleasure of the board; but no officer or employe of the board shall be removed or otherwise prejudiced for refusing to contribute to any political fund, or to render any political service; nor shall the board, collectively or individually, use their official influence to coerce the political action of any such officei's or employes. Nor shall the state dredgei-s be employed to dredge slips not under the control of the State, nor private work of any charactei', [Approved March 21, 1887.] § 2523. The commissioners may institute and prosecute to final judgment, actions in the name of the people of the State of California, for the possession of any portion of the premises de- scribed in this article, situate between the inshore line, or line nearest the main line, and the line off- shore six hundred and fifty feet therefrom, and parallel therewith, or for the annulling of any lease or contract entered into bv the commission- ers in behalf of the State, by virtue of anv gen- eral or special law, or for the collection of any money due, or that may become due the State by authority of this article; and the commissioners may also institute and prosecute to final judgment, § 2524 Harbor Commissioners. 498 actions for the removal of all unlawful obstruc- tions in or upon said premises, or for the removal of all imlawful obstructions in or upon the streets through the center of which the inshore line, or line nearest the main land, bounding said prem- ises, runs. They may also remove any unlawful obstructions thereon after the owner, possessor, or occupant of such obstructions shall have five days' notice, in writing, to remove the same, either served on such owner, possessor, or occupant, or posted upon said obstruction by the chief wharf- inger, assistant wharfinger, or wharfinger. [Amendment approved Februarv 28, 1876; Amend- ments 1875-6. p. 32. In effect February 28, 1876.] (See sees. 2522, 2528, 2542.) § 2524. The commissioners shall have posses- sion and control of that portion of the Bay of San Francisco, together with the improvements, rights, privileges, easements, and appurtenances connect- ed therewith, or in anywise appertamiug thereto, for the purposes in this article provided (excepting such parcels thereof as are held by the lessees, or tlieir assigns, of valid leases; which parcels .so held it is hereby made the duty of the commis- sioners to take possession of, together with the improvements thereon, as soon as said leases ter- minate, and also to see that the lessees, or their successors or assigns, do not exercise rights and privileges that are not conferred by said leasesi, bounded as follows, to wit: Commencing at the point where the easterly line of the Presidio res- ervation iutei-seets the water line front, as estab- lished by the board of State tide land commission- ers; thence easterly along said water line front to the center of Webster street: thence southerly along the center of "Webster street to the center of Lewis street; thence easterly along the center of Lewis street to the center of Polk street: thence southerly along the center of Polk street to the center of Tonquin street: thence easterly along the center of Tonquin street to the center of Lar- kln street: thence sotitherly along the center of Larkin street to the center of Jefferson street; thence easterly along the center of Jefferson street to the center of Powell street: thence southerly along the center of Powell street to the center of Beach street: thence easterly along the center of Beach street to the center ' of Dupont street; 499 Harbor Commissioners. § 2524 tlience southerly along tlie center of Dupont street to tlie center of North Point street; thence easterly along the center of North Point street to the center of Kearny street; thence southerly along the center of Kearny street to the center of Francisco street; thence easterly along the center of Francisco street to the center of Montgomery street; thence southerly along the center of Mont- gomery street to the center of Chestnut street;, tlience easterly along the center of Onestnut street to the center of Sansome street; thence southerly along the center of Sansome street to the center of Lombard street; thence easterly along the center of Lombard street to the center of Battery street; thence southerly along the center of Battery street to the center of Greenwicli street; thence easterly along the center of Greenwicli street to the cen- ter of Front street; thence southerly along the center of Front street to the center of Vallejo street; thence easterly along the center of Vallejo street to the center of Davis street; thence south- erly along the center of Davis street to the center of Pacific street; thence easterly along the center of Pacific street to the center of East street; thence southerly along the center of East street to the center of P'olsom street; thence westerly along the center of Folsoni street to the center of Steu- art street: thence southerly along the center of Steuart street to the center of Harrison street; thence southerly on a direct line with said Steuart street, two hundred and lifty-three feet nine inches, to the center of a street the name of which is not on the map; thence at right angles, wester- ly, along the center of said street to the center of Spear street; thence southerly along the center of Spear street to the center of Bryant street; thence westerly along the center of Bryant street to the center of Beale street; thence southerly along the center of Beale street to the center of Brannan street; thence westerly along the center of Bran- nan street to the center of First street; thence southerly along the center of First street to the center of Townsend street; thence westerly along the center of Townsend street five hundred and fifty feet to the center of a street the name of which is not on a map; thence at right angles southerly along the center of said street to the center of King street; thence along the center of King street to the center of Second street; thence § 2524 Harbor Commissioners. 500 southerly along the center of Second street to ttie center of Berry street; thence westerly along the center of Berry street to the center of Third street; thence southerly along the center of Third street to the northerly line of Channel street; thence westerly along the last mentioned line to the east- erly line of Fifth street; thence southerly along said last mentioned line to the southerly line of said Channel street; thence easterly along said men- tioned linetothe center of Kentucky street; thence southerly along the center of Kentucky street to the center of Fourth street; thence along the center of Fourth street to the center of Louisiana street; thence southerly along the center of Louis- iana street to the center of El Dorado street; thence along the center of El Dorado street to the center of Illinois street; thence southerly along the cen- ter of Illinois street to the center of Solano street; thence easterly along the center of Solano street to the Avaterfront line established by the board of State tide land commissioners; thence souther- ly along said last mentioned line to the center of Tulare street; thence westerly along the center of Tulare street to the center of Texas street; theuce southerly along the center of Texas street to the center of Islais street; thence easterly along the center of Islais street to the center of Water- front street; thence southerly along the center of Waterfront street to the center of India street; thence westerly, southerly, and easterly along the center of said India street to the center of Water- front street, to the center of China street; thence westerly along the center of China street to the center of Third avenue; thence southerly along the center of Third avenue to the northerly line of the property of the California Dry Dock Company; thence easterly along said last mentioned line to the waterfront established by the board of State tide land commissioners; thence southerly along and around said dry dock company's land to the southeasterly corner thereof; thence westerly along the line of said land to the center of Wa- terfront street; thence southerly along the center of Waterfront street to the center of Nineteenth avenue; thence westerly along the center of Nine- teenth avenue to the center of Dock street; thence southerly along the line of Dock street to the cen- ter of Twenty-third avenue; thence westei'ly along the center of Twenty-third avenue to the center 501 Harbor Comiuissiouers. § 2524 of H street; thence southerly along the center of H street to the center of Twenty-fourth avenue; thence easterly along the center of Twenty-fourth avenue to the center of Waterfront street; thence southerly along the center of said Waterfront street to the southern boundary of the city and county of San Francisco; thence along the souther- ly, easterly, and northerly boundary lines of said city and county to a point due north of the place of commencement, and thence south to the place of commencement. But no harbor embankment or seawall shall be constructed outside of the fol- lowing named points and lines, to wit: Commenc- ing at the point where the eastern boundary line of'the Presidio Reservation, extended in a north- erly direction, intersects the three-fathom contour line, shown upon the charts of the United States survey, and running thence in an easterly and southerly direction, upon straight or cuiwed lines, in such manner as to approach as near as practic- able the extreme outer projections of the water- line front, as described in an act to provide for the disposition of certain property of the State of California, passed March twenty-sixth, A. D. eight- een hundred and fifty-one, to a point at or near the intersection of Second and Berry streets; thence continuing southerly upon straight or curved lines, in such a manner as to approach as near as prac- ticable the extreme outer projections of the water- line front, as established by the board of State tide laud commissioners, to the southerly bound- ary of .said city and county of San Francisco; and said commissioners, in addition to a general con- trol over said premises, shall have authority to use. for loading and landing merchandise, with a right to collect dockage, wharfage, and tolls there- on, such portion of the streets of the city and county of San Francisco ending or fronting upon the waters of said bay, as may l>e used for such purposes without obstructing the same as thoi*- oughfares, and authority to rent an otiice in the city and county of San Francisco, between Mont- gomery, Market and Pacific streets and the city front; and purchase, from time to time, suitable books for the records of the secretary and ac- counts of the wharfingers, together with such sta- tionery as may be required by the board, and to fix and regulate, from time to time, the rates of dockage, wharfage, cranage, tolls, and rents, and § 2524 Harbor Commissioners. 502 collect such an amount of revenue therefrom as will enable the commissioners to pex'form the du- ties required of them by authority of this article; and the commissioners and mayor of San Francis- co may so modify and establish such rates of dockage and wharfage as will produce a revenue not to exceed in amount the moneys collected in the year eighteen hundred and seventy-five, col- lecting as near as possible equal amounts from dockage and wharfage. When such modification has been made, the collection of tolls must be abolished, and the toll collectors discharged. The commissionei'S shall construct such number of wharves as the wants of commerce shall require, and shall locate such wharves at such points and upon such lines as the board may deem most suit- able for the best interest of commerce, and shall repair and maintain all the wharves, piers, quays, landings, and thoroughfares the wants of com- merce may require, and generally to erect all such improvements as may be necessary for the safe landing, loading, and imloading, and protection of all classes of merchandise, and for the safety and convenience of passengers passing into and out of the city and county of San Francisco by water. And for the purpose of repairing said wharves, piers, quays, and landings, the commissioners are hereby autliorized and empowered to purchase or construct ijile-drivers and the necessary macbinei-y TO be used therewith, and employ men for operat- ing the same. But no wharf shall be extended into the bay more than six hundred feet beyond the inside line, or line nearest the shore of the city and county of San Francisco, described in this article, or more than six hundred feet beyond the permanent water-front line when established under the provisions of this article, nor shall any such wharf be constructed upon such place or line as will cause any slip or dock to be less than one liundred and thirty-six feet Avide at the most nar- row point between the wharves. When they de- termine that a new wharf shall be erected, or any other necessary improvement constructed or re- pairs made, or' dredging machines, pile-drivers, scows, steam tugs, and any necessary machinery, the cost of which shall exceed three thousand dol- lars, they shall advertise for sealed proposals, for a period not less than ten days, in one or more of the daily newspapers in the city and county of San 503 Harbor Commissioners. § 2524 Francisco. Every proposal shall be accompanied by a certified check for an amount equal to five per cent of the amount of such proposal; such check to be made payable to the order of the sec- retary of said Board, conditioned if the proposal is accepted and the contract awarded, and if the bidder shall fail or neglect to execute the contract and give the bond required Avithin six days after the award is made, in that case said sum mention- ed in said check shall be paid into the State treas- ury by said secretary as liquidated damages for such failure and neglect, as a portion of the San Francisco Harbor improvement fund. Such ad- vertisement shall contain a general description of the work to be done, the material to be used, the place where to be used, and must refer to specifica- tions, which must contain a full and accurate de- scription of the worii to be performed, the mater- ial to be used, and where to be used; whieh speci- fications shall be kept in the office of the secretary of the board in such manner that all persons may inspect the same during the usual business hours of all daj'S except Sundays and holidays. On a day named in the advertisement, the commission- ers shall open the bids in the presence of such bid- ders as are present; and award the contract to the lowest bidder who shall furnish sufficient sure- ties to guarantee the performance of the work. If, in the opinion of the commissioners, the bids are too high, they may reject them, and advertise anew in lil^e manner as before. If, in the opinion of tlie Commissioners the second bids are too high, they may reject them likewise, and enter into con- tract with responsible parties without giving fur- ther notice. Any contract entered into without giving public notice and receiving bids, must be at least ten per cent lower than the lowest rejected bid. The board may construct such harbor em- bankment or seawall as shall be necessary to pro- tect the harbor of San Francisco, and dredge such number of slips and docks as the commerce of the port of San Francisco may require, to a depth that will admit of the easy and free ingress and egress of all classes of watercraft that load and dis- charge cargoes at the wharves, piers, quays, land- ings, and thoroughfares in tlie harbor of San Fran- cisco; to perform which dredging, the board of State harbor commissioners are hereby authorized and empowered to purchase or construct dredging § 2524 Harbor Commissioners. 504 machines, scows, steam tugs, and tlie necessary macliinery, and employ men for operating tlie same. Wlieu any portion of tlie premises de- scribed in this article shall be dredged, the sand, mud, or other substance shall be deposited in a place designated by the Board, in not less than fif- teen fatlioms of water. All classes of watercraft that uses or makes fast to any wharf, pier, quay, landing, or thoroughfare, and lands upon or loads therefrom any goods, wares, or merchandise, shall be liable and must pay to the commissioners such rates of dockage as shall be fixed by author- ity of this article; and all such watercraft as shall discharge or receive any goods, wares, or mer- chandise, while moored in any slip, dock, or basin within the jurisdiction of the commissioners, shall pay one-half the regular rates of dockage. Any waterci-aft that shali leave any wharf, pier, quay, landing, thoroughfare, slip, dock, or basin, unless forced to do so by stress of weather, with- out first paying the dockage due from such vessel, shall be liable to pay double the regular rates. The charge for wharfage and tolls shall be a lien upon all goods, wares, aud merchandise landed up- on any of the wharves, piers, quays, landings, or thoroughfares upon the premises described in this article; and the commissioners, their agents or les- sees, may liold ]Kissession of any such goods, wares, or mereliandise so landed as afore- said, to seciu'e tlie payment of such wharf- age and tolls; and for the purpose of such lien are deemed to have possession of such goods, wares, and merchandise so landed, until such charges for wharfage and tolls are paid. The commissioners shall have power to make reason- able rules and regulations eonceruing the control and management of the property of the State which is intrusted to them by virtue of this ar- ticle; and said commissioners are hereby authoriz- ed and required to make, without delay and from time to time, and publish not less than thirty days in a daily newspaper of general circulation, pub- lished in the city and county of San Fi'ancisco. all needful rules and regulations, not inconsistent with the laws of the State or of the United States, in relation to the moving and anchoring of vessels in said harbor, providing and maintaining free, open, and unobstructed passageways for steam f err J boats and other steamers navigating the wa- 505 Harbor Commissioners. § 2524 ters of tlie bay of San Francisco, and the fresh water tributaries of said bay, so that such steam- ers can conveniently make their trips without im- pediment from vessels at anchor or other obstacles. And said commissioners may also make all needful rules and regulations ,2:overnin,2: the removal of such vessels from the wharves and other landings, and from slips and docks, as are not engaged in receiving or discharging cargo, prescribing the time during which goods, wares, and merchan- dise, landed upon any wharf, pier, quay, landing or thoroughfare, shall be permitted to remain thereon, and may divide the same into several classes, and may, by such rules and regulations, provide that in case any such goods, wares, or merchandise remain upon any wharf, pier, quay, landing, or thoroughfare, beyond the term so pre- scribed, the respective wharfinger may, under the order of the commissioners, remove and deposit the same in a suitable place, at the charge, risk, and expense of the owner thereof. When any goods, wares, or merchandise shall have remained upon any wharf, pier, quay, landing, or thorough- fare more than twenty-four hours, the commis- sioners may, in their discretion, charge such addi- tional rates for each subsequent day as in their opinion is just and equitable. The commissioners may, in their discretion, set apart and assign for the exclusive use of the watercraft used by the officers of the Federal government such conven- ient and safe landings as such officers may require, together with suitable premises near such land- ings as may be set apart and assigned for their use. upon which premises such officers may cause to be erected offices and storehouses to suit their convenience; and the commissioners shall charge a reasonable compensation per month for the use •of such landings, and office and storehouse prem- ises: set apart and assign a suitable and proper locality for the use of the harbor police of the city and county of San Francisco; and also a suitable place for a boat house station, for the exclusive use of quarantine and health officers of said city and county, without compensation; set apart and assign for the exclusive use of steam ferryboats suitable slips, in whicli such structures niay be erected as will secure the safe and convenient landing of passengers, and safe landing and de- Pol. Code— 43. § 2524 Harbor Commissioners. 506 livery of freight; set apart and assign suitable wharves, berths, or landings for the exclusive use of vessels; to construct suitable sheds, gates, and other temporary structures as may be necessary for the safe and convenient landing of passengers, and safe landing and delivery of freight; and set apart and assign for the sole and exclusive use of the fishermen of the city and county of San Fran- cisco such place or places as the said commission- ers shall deem proper, sufficient, and adapted for the requirements and necessities of said fishermen; provided, the premises so set apart by said com- missioners shall be used only for the legitimate business of said fishermen, and for no other pur- pose; and provided, said commissioners shall not charge therefor more than the following rates: For boats over tweutj'-two feet and under forty feet long, one dollar per weeli; for boats from six- teen to twenty-two feet long, seventy-five cents per week: and for all boats less than sixteen feet long, twenty-five cents per Aveelv. The Commis- sioners may assign suitable places for the landing of horses, cattle, sheep, and swine: and when such places have been assigned, it shall be a misde- meanor for a commander of any watercraft to land any greater number than ten at any one time from any watercraft at any other place. The Commissioners may set apart for the uses and purposes of dry doelis and marine railways such portions of the waterfront northwesterly of the northerly end of Kearny Street, and southerly of the easterly end of Solano Street, as the wants of commerce may require; and lease the same for a period not to exceed ten years. When the Com- missioners lease premises for marine railways and dry dock purposes, as provided in this section, they shall advertise for sealed proposals, for a period of not less than ten nor more tnan twenty days, in one of the daily newspapers of the largest cir- culation, printed in the City and County of San Francisco, whicli advertisement shall contain a description of the premises to be leased. On the day named in the advertisement the Commission- ers shall open the bids in the presence of such of the bidders as are present and award the premises to be leased to the highest responsible bidder that shall furnish suflicieut sui'eties to guarantee the payment of the rent, and may negotiate for and accept and cancel any lease of any portion of the 507 Hai-bor Commissioners. § 2524 premises described in this article, and pay a rea- sonable compensation for any structures upon any sncli leased premises, as, in the opinion of the Board and Engineer, may be used for such com- mercial purposes as this article is intended to pro- mote. No person or company shall, without the consent of the Board of State Harbor Commis- sioners, land or remove any goods, wares, or mer- chandise, or other thing, upon or from any wharf, pier, quay, lauding, or thoroughfai'e situated up- on the premises described in this article, unless authorized to do so by virtue of valid lease; nor shall any person collect docliage, wharfage, cran- age, or toll witliin the boundaries of the premises described in this article, except by virtue of valid leases, without first obtaiaing permission to do so from said Commissioners; nor shall any person or company place, or cause to be placed, any ob- structions in that portion of the Bay of San Fran- cisco described in this article, nor upon any wharf, pier, quay, landing, or thorouglifare, with- out tlie consent of the Board. Whenever any wharf, pier, quay, landing, or thoroughfare in the harbor of San Francisco shall be encumbered, or their free use interfered with, by goods, wares, merchandise, or other substance, whether loose or built upon, or fixed to any such wharf, pier, quay, landing, or thoroughfare, it shall be the duty of the commissioners to notify in writing (which notice may be served by a Wharfinger or the Secretary or Assistant Secretary of the Board), the owner, agent, or occupant, or person placing or Iceeping such obstructions thereon, to re- move tlie same within twenty-four hours after the serving of such notice; and in case of failure to comply witli such notice, and remove such ob- structions, the owner, agent, occupant, or per- son notified, shall be liable to pay the Commis- sioners the sum of twenty-five dollars for each and every day during whicli sucli obstructions shall remain upon any such wharf, pier, quay, landing, or thoroughfare; and the Commissioners shall have power, in their discretion, to remove any such encumbering substance, and store the same in any suitable, convenient and safe place, and a sum equal to tlie amount of the exiieuses of the removal, together with all other necessary charges, shall be paid by the owner of such en- cumbering substance to the Commissioners, and § 2525 Harbor Commissioners. 508 such sum and necessary charges shall be a lien on such substance until paid. The rates of docli- age, wharfage, and tolls shall not exceed those established by the Board of State Harbor Commis- sioners, July hrst, eighteen hundred and seventy- four, and docliage shall not be collected on any vessel lying at anchor outside of dock, wharf, or slip. ' [Approved March 21, 1887.] Act relating to ferry depot: See General Laws, title "P'erry Depot." Various acts relating to harbor commissioners: See post. Appendix, p. 1035, et seq. § 2525. The Board of State Harbor Commis- sioners are authorized to extend any of the streets lying along the water front of said city and coun- ty, to a width not exceeding one hundred and fifty feet, where they have not been already so extended. The outer half of such streets must be constructed or built and maintained in good re- pair by the State Harbor Commissioners, or par- ties holding under them, and may be used as a landing place or pier, on which dockage, wharf- age, and tolls may be collected. And until such extensions are made, the Commissioners may have and use as a landing place, with full power to collect dockage, wharfage, and tolls thereon, so much of the streets now fronting upon the water front as may be used for such purpose without obstructing the same as a thoroughfare. The inner half of such streets shall be construct- ed and maintained in good repair by the owners of the lots abutting thereon, and the City and County of San Francisco. The Commissioners are authorized to construct, across the outer half of said streets, an extension of the sewers of the said city and coimty. If it be necessary to take any land for the purpose of widening any such street, the Commissioners are hereby aiithorized to insti- tute and prosecute to final determination, proceed- ings therefor, in conformitv with the provisions of Part Third, Title Seven, of the Code of Civil Pro- cedure, and to pay sucli compensation as may be assessed for such land taken. When it becomes necessary for tlie Commissioners to construct any wharves on the line of the water front, they are authorized to adont and pay for any structures which would form part of ' such wharves, and 509 Harbor Commissioners. §§ 2526-2528 which have been constructed along such line by private parties, prior to the passage of this act, [Amendment approved April 3, 1876; Amend- ments 1875-6, p. 51. In effect April 3, 1876.] East street — in San Francisco made a thorough- fare: See Stats. 1878, p. 263. North Beach water front— for landing merchan- dise: Stats. 1880, p. 31 or 10. § 2526. No greater amount of money shall, in the main, ever be collected by the collection of dockage, wliarfage, tolls, rents, and cranage, than shall be necessary to construct and Iceep in repair such number of wharves, piers, landings, and thoroughfares, construct sheds, dredge such num- ber of slips and docks, construct a sea-wall and harbor eubankment. and pay incidental expenses allowed to be paid by this article. [Amendment approved February 28. 1876; Amendments 1875-6, p. 32. In effect February 28, 1876.] § 2527. No contract or obligation entered into by the Harbor Commissioners, which creates a liability or authorizes the payment of money, shall be valid, or of binding force, unless signed by all three of the Commissioners and counter- signed by the Secretary of the Board; nor shall any contract involving the payment of money be made by the said Commissioners, unless the amount then to the credit of the Harbor Improve- ment Fund, together witli the revenue estimated to accrue up to the time of the maturity of such contract, over and above the current expenses of the commission, be sufficient to meet the pay- ments to become due thereon; provided, such es- timate of revenue shall be limited as to time to one year, and as to amount, to the amount of rev- enue of the preceding year. [Amendment ap- proved March 19, 1878; Amendments 1877-8, p. 48. In effect March 10, 1878.] San Francisco Harbor Improvement Fund— sec. 2533. Certain claims— authorized to be adjusted and paid: Stats. 1874, p. 664. § 2528. All moneys collected shall be paid into the State Treasury, and be credited to the San Francisco Harbor Improvement Fund, at least § 2529 Harbor Commissioners. 510 once in eacti month, except so mucli thereof as may be necessary to pay the salaries of officers, ottice rent, cost of office furniture, books, station- ery, lights, fuel, expense of dredging, expense of pile driving and iMIes, expense of preserving piles and timber, cleaning the wharves and bulkheads, legal and other incidental expenses, and in addi- tion six thousand dollars per month for urgent repairs, which last sum, if so much be required, may be used in repairing tlie wharves, piers, land- ings, thoroughfares, sheds, and other structures, and the streets boimding on the water front under the jurisdiction of the Board without advertise- ment for proposals therefor. Such moneys may be remitted to the State Treasurer by express. [Approved March 19, 1889.] San Francisco Harbor Improvement Fund, sec. 2533. Moneys in hands of State Treasurer, disposition and account of, sec. 25-35. See an act approved March 7, 1883, authorizing the State Board of Harbor Commissioners to pay Daniel INIcNeil his claim for tlae destruction of his wharf, not to exceed four thousand three hundred and fifty dollars: Stats. 1883, 48. § 2529. The Commissioners shall take vouch- ers for all sums of money by them expended un- der the authority of this article, excepting fifty dollars per month for postage stamps, express, and other incidental expenses, and safely keep the same on file in the office of the Board. For all sums of money paid by the Commissioners, ex- cepting those mentioned in section twenty-five hundred and twenty-eight, drafts shall be drawn t)y them on the Controller of State, countersigned by the Secretary of the Board, and the Controller of State shall draw his warrant on the State Treasurer, who shall pay the same out of any money in said treasury credited to the San Fran- cisco Plarbor Improvement Fund. No warrant shall be drawn by the Controller upon the Treas- urer of the State, as provided in tliis section, un- less the order bears the signatures of all three Commissioners, and of the Secretary of the board. fAmendment approved February 28. 1876; Amendments 1875-6, p. 32. In effect February 28, 1876.] Harbor Improvement Fund of San Francisco: I Sec. 2533. I 511 Harbor Commissiouers. §§ 2530-2532 Signatures of all three Commissiouers, and of Secretary, requisite: Sec. 2527, and note. Treasurer of State, duties as to moneys: Sec. 2535. § 2530. On the payment to the State Treasui'er of any sum of money, the Secretary and the State Treasurer must report to the State Controller the amount so paid, and tlie Treasurer must give to the Secretary a receipt for the same. Such payments shall be considered as payments into the State Treasury, and the Treas- urer shall be responsible on his official bond therefor. [Approved March 21, 1887.] Before amendment of 1883, section provided that Commissioners should report to State Controller the amount of money paid -into the treasury by them during each month. Report of Commissioners to State Controller was also required, before section amended in 1883, to contain the amount received and disbursed by the Board every three months, and during the period for which such report is made. Report of Commissioners to Governor: Sec. 2537. State Treasurer's duties as to disposition and ac- count of money under his control: Sec. 2535. § 2531. The Governor of the State and the Mayor of the City and County of San Francisco are hereby made ex-officio additional members of of the Board of State Harbor Commissioners, for the special purposes herein mentioned, aud shall take part in the action of the Board as lierein- after provided. [Amendment approved Februaiy 28, 187G; Amendments 1875-6, p. 32. In effect Feb- ruary 28, 187G.] Ex-officio members, to participate in proceedings on report as to new seawall: Sec. 2.j32. § 2532. The Board of State Harbor Commis- sioners are hereby autliorized and empowex'ed and directed, within six months from and after the passage of this Act, to employ two consulting civil engineers, to act in concert with the engineers of the Board, to malve a survey, select and locate a new line for a harbor eml^anlvment or sea-wall, and make a report of their doings to said Commis- sioners, who .shall, after receiving the same, ap- point a time for holding, at the office of tlie Board, § 2533 Harbor Commissioners. 512 a special meeting of the Board to consider tlie question of the adoption or rejection of the same. The Board shall, at least ten days previous to said meeting, notify the Governor of the State and the Mayor of the City and County of San Francisco of the time, place, and object of said meeting of said Board, and shall request them to be present and take part in the consideration of the question; and at said meeting or any adjourn- ed meeting thereof, the Governor and Mayor shall be deemed additional members of said Board, with like powers and rights as the other mem- bers thereof. If they are not present at the meet- ing, the Board shall adjourn to a day certain, and notify them anew, as before; and if either be present at the adjourned meeting, with three Com- missioners, action may be had, and an aflirmative vote of all four present shall determine the ques- tion; any less vote shall be a negative vote. But the board may order new surveys and locations, which may be adopted or rejected in like manner as before. If the vote is in the affirmative, the line adopted shall be thenceforth the line of tlie harbor embankment and sea-wall of the Port of San Francisco. [Amendment approved Feb. 28, 1876; Amendments 1875-6, p. 32. In effect Febru- ary 28, 1876.] Engineers of the Board: See sec. 2522. Line of the harbor embankment and sea wall — of the port of San Francisco fixed by Stats. 1878, p. 263. Sea wall declared a public use: Stats. 1878, p. 263, § 2533. On and after the passage of this act, the treasurer of the State shall keep the money re- mitted to him by the Board of State Harbor Com- missioners, to the credit of a fund to be known as the San Francisco Harbor Improvement Fund; all moneys in the State Treasury to the credit of the State Wharf and Dock Fund shall be transfer- red by the State Treasurer to the San Francisco Harbor Improvement Fund, and the State Wharf and Dock Fund account shall be closed, and the State Treasurer shall notify the Board of such transfer, after which all drafts drawn by the Board shall be paid by the Treasurer out of the San Francisco Harbor Improvement Fund. [Amendment approved Feb. 28, 1876; Amend- 513 Harbor Comruissioners. §§ 2534-2430 ments 1875-6, p. 32, In effect February 28, 1876.] San Francisco Harbor Improvement Fund— Spe- cial references to: Sees. 2527, 2528, 2529, 2535. Transfer of San I'rancisco Harbor Protection Fund— to Harbor Improvement Fund, directed by Stats. 1876, p. 761. § 2534. [Section two thousand five lumdred and thirty-four of the Political Code, limiting the amount which might be paid for the collecting of docliage, wharfage, and tolls, and excepting Mar- liet. Mission, and Howard Street wharves, was re- pealed by Act of March 7, 1883, which took effect immediately.] Dockage, wharfage, tolls, etc.. Mode of enforce- iug charge for wharfage and tolls, Stats. 1878, p. 263. Fine for departure of vessel without paying dockage. Stats. 1878. p. 263. Wharfage on mer- chandise, Stats. 1880, p. 31 or 10. § 2535. The State Treasurer shall receive all moneys paid by the State Harbor Commissioners, and keep the same in a separate fund to be known as the San Francisco Harbor Improvement Fund, and pay the same out as provided for in this arti- cle, and shall keep an accurate account of all moneys received by him and paid out under the authority of this article, in books kept solely for that purpose; which said books shall be open at all times to the inspection of the Governor and C'ontroller of State, and of any committee ap- pointed by the Legislature, or by either branch thereof. [Amendment approved Feb. 28, 1876; Amendments 1875-6, p. .32. In effect February 28, 1876. J § 2536. When the Commissioners determine to Construct any part of the sea-wall, they must ad- vertise for sealed proposals for not less than thir- ty days, in not less than two daily papers in San Francisco. The advertisement must give a full and accurate description of the work to be done, the place where to be done, and the material to be used. On the day stated in the advert IscMuent, the bids must be opened in the presence of such bidders as are present, and the contract award- ed to the lowest biddei", who shall give a bond, with two or more responsible sureties, to be ap- proved by the Commissioners, for the due per- formance of the work. Their approval must be § 2536 Harbor Commissioners. 534 indorsed on said bond. If, in the opinion of the Commissioners, the bids are too high, they shall reject them and advertise anew, in like manner as before. And if, in the opinion of the Commis- sioners, the second bids are also too high, they shall reject them liliewise, and may enter into a contract with responsible parties without giving fuither notice. The parties entering into a pri- vate contract with the Commissioners must give a bond, with two or more responsible persons as sureties, to be approved by the Commissioners, which approval sliall be by writing indorsed upon said bond, conditioned for the faithful perform- ance of the contract. But the consideration agreed to be paid in any contract entered into without giving public notice, must be five per cent, lower than the lowest responsible bid rejected. The work to be performed under any. one contract shall not exceed one thousand lineal feet of har- bor embankment or sea-wall. Riit the Commis- sioners may enter into as many contracts at the same time as they deem expedient, provided the amount in the Harbor Improvement Fund, togeth- er with the revenue estimated to accrue pursuant to section two thousand five hundred and twenty- seveu of the Political Code shall be sufficient to meet the contract price of such work, after de- ducting the current expenses of the Commission and the amount required for the erection and re- pair of the wharves, dredging the docks and slips, and for incidental expenses; but in no event shall the State be liable on such contracts for any de- ficiency in the Harbor Improvement Fund. Sep- arate contracts may be entered into for the dredg- ing of a channel for the i*eception of the rock re- quired for the construction of a harbor embank- ment; provided, that the advertising of sealed pro- posals, the receiving and opening of bids, and the awarding of contracts required in this section, shall be complied with in the letting of such work in separate contracts. The Commissioners may, if in their opinion it will be more economical, dredge, with the dredge belonging to the State, the channel necessary for the reception of the stone used in the construction of the sea-wall. No contractor Avho enters into a contract to con- struct any portion of said sea-wall shall be re- quired to commence the Avork in less than thirty davs after the awarding of the contract. The 515 Harbor Commissioners. § 2537 Board shall, at least ten days previous to the holding of any meeting, as provided in this sec- tion, notify the Governor of the State, and Mayor of the City and County of San Francisco, of the time and place and object of the meeting, and request Ihem to be present and talve part therein; and at said meeting the Governor and Mayor shall be deemed additional members of said Board, with lilce powers and rights as the other members thereof; and no contract shall be entered into under the authority of this section without the consent of eitlier the Governor or Mayor. Neither the Commissioners nor their appointees shall be interested in any contract for the erection or repairing of any worlc ui)ou the premises de- scribed in tliis article. Any Commissioner or ap- pointee who shall be interested is guilty of a fel- ony. Every proposal shall be accompanied by a certified checl< for an amount equal to five per cent, of the amount of such proposal, to be made payable to tlie order of the Secretary of the Board, conditioned that if the proposal is accepted and the contract awarded, and if tlie bidder shall fail or neglect to execute the contract and give the bond required Avithin six days after the award is made, in that case said sum mentioned in said checlv shall be deemed liqviidated damages for such failure and neglect, and shall be paid into the San Francisco Harbor Improvement Fund; and all contracts made pursuant to this title shall provide, under penalties of forfeiture of contract, at the option of the Commissioners, that no Chinese or Mongolian labor shall be employed on the work. fAmendmont approved March 10, 1878; Amend- ments 1877-8, p. 48. In effect March 19, 1878.] Action on report— of survey and location of sea wall, sec. 25.32. San Francisco Harbor Improvement Fund: Sec. 2.->.sr:. No Cliiuese or Mongolian labor — to be employed on public work: Const. Cal.. 1879. art. 19, sec. .3. East street— in San Francisco to be constructed by contract, as provided in tliis section: See Stats. 1878. p. 20.3. § 2537. The Commissioners shall, on or before the first day of November, A. D. eighteen hundred and seventy-seven, and every two years there- after, make to the Governor a full report of all § 2538, 2539 Harbor Commissioners. SIR moneys by them received and disbursed, stating, specifically, for vrhat the same was received and for what pm'pose expended; and shall give a con- cise account of all improvements made, and the general condition of the property under their charge. [Amendment approved Feb. 28, 1876; Amendments 1875-C, p. 32. In effect Februarv 28, 1876.] Report of Commissioners— to Governor, limit of time for, sec. 332; number to be printed, sec. 334. § 2538. In case the lines of the water front of the City and County of San Francisco, or the lines of any of the streets of said city and coun- ty, ending at said water line, shall be changed by authority of this article, the Commissioners shall cause to be made two accurate maps of survey, showing such change, which maps shall be dated, certified, and signed by the Engineer of the Board and Commissioners, and one filed in the oflice of the Recorder of said city and county, and the other in the ottice of the Board. After being so filed, they shall be considered and treated as ofli- cial maps by all the Courts of record in the State. [Amendment approved Februarv 28, 1876: Amend- ments 1875-6, p. 32. In effect February 28, 1876.] § 2539. The Chief Wharfinger shall keep an office in some convenient place upon the city front, between Marliet and Pacific streets, which shall be kept open every dav (^Sundays and holidays ex- cepted) from seven A. M. till 6 P. M. The Com- missioners shall furnish a suitable building for an office, for the exclusive use of said Chief Whar- finger and Assistant Chief Wharfinger, with suit- able office furniture. It shall be the duty of the Chief Wharfinger to execute and enforce the rules and regulations which may be established by said Board of State Harbor Commissioners pur- suant to the provisions of this article. And it shall be the duty of all pilots, masters of tug- boats, masters, owners, and consignees of vessels, to obey all lawful orders and directions of the Chief Wharfinger in relation to the stationing, anchoring, and removing of vessels under and pui'suant to such rules and regulations. The Chief Wharfinger is empowered to determine cases of collision, by consent of all parties interested, and where damages do not exceed three hundred dol- 517 .Harbor Commissioners. §§ 2540,2541 lars the decision is final. [Amendment approved. Feb. 28, 1876; Amendments 1875-G, p. 32. In ef- fect February 28, 1876.] Refusal to obey— Chief Wharfinger's instruc- tions is misdemeanor: Sec. 2541. § 2540. In addition to the duties required to be performed by the Chief Wharfinger, by any section in this article preceding this section, he shall take in charge all abandoned water craft and all boats piclied up adrift, and secure the same; after which he shall advertise, for one week,, in one of the daily newspapers printed in the City and County of San Francisco, giving the full particulars pertaining to the same, and re- quest all parties interested ^:o appear and estab- lish their title or claim thereto, within twenty days from the last publication. If claimed within said period, such property shall be delivered to the owner on payment of all costs of removing, securing, and advertising the same. If not claim- ed within said period, or if the owner fails to pay the charges,, siich property shall be sold by the Chief Wharfinger, to the highest bidder, at pub- lic auction, and the proceeds, less the costs, shall be paid the owner, if claimed by him or, if not claimed by the owner, shall be paid to the Board of State Harbor Commissioners; but the owner shall be entitled to receive from said Board the amount so paid, if he shall claim the same with- in one year from the date of said payment. For the purposes of this section, the harbor of San Francisco shall be the tide waters of the City and County of San Francisco, and the jurisdiction of tlie Chief Wharfinger shall, when performing the duties required by this section, be coextensive with such tide waters. [Amendment approved Feb. 28, 1876; Amendments 1875-6, p. 32. In ef- fect February 28, 1876.] Wrecks and wreclved property: Sees. 2403-2418. liOSt and unclaimed property: Sees. 3136-3157. § 2541. If any master, agent, or owner of any water craft sliall refuse or neglect to obey the lawful orders or directions of the Cliief Whar- finger in aii.v matter iiertaining to the regula- tions of said harbor, or the removal or stationing of any water craft, such master, agent, or own- . er, so' refusing or neglecting, is guilty of a misde- Pol. Code— 44. ' ' §§ 2542-2544 Harbor Commissiouers. 51 S meanor, and, upon conviction thereof before any Court of competent jurisdiction, sliall be punislied by a fine not to exceed tliree tiundred dollars, or by imprisonment not to exceed one hundred days in the jail of the City and County of San Francisco. [Amendment approved Feb. 28, 187G; Amendments 1875-6, p. 32. In effect Febru- ary 28, 1876.] § 2542. All persons are forbidden to deposit, or cause to be deposited, in the waters of the har- bor of San Francisco, as described in tlie pre- ceding- sections, any substance that will sink and form an obstruction to navifration, without first obtaining permission, in writing, of the Board of State Harbor Commissioners, which permis- sion shall describe, with an ordinary degree of certainty, the place where such deposit may be made, and the Secretary of the Board shall re- cord such permission. Any person violating the prohibition contained in this section is guilty of a misdemeanor, and, upon conviction thereof before a Coxu't of competent jurisdiction, shall be fined not less than one hundred or more than five hun- dred dollars, or imprisoned in the jail of the City and County of San Francisco not less than thirty nor more tliau ninety days: provided, that nothing herein shall be construed to prevent or interfere with the construction of works now in progress in connection with the Oakland Harbor. [Amend- ment approved Feb. 28, 1876: Amendments 1875-6, p. 32. In effect February 28. 1876.] § 2543. It shall not be lawful for any person to drive a horse or mule, or any vehicle di'awn by one or more horses or mules, used in the re- moval of merchandise upon any •wharf, pier, quay, landing, or thoroughfare, faster tlian a walk. Any person violating the prohibition in this section contained is guilty of a misdemeanor, and upon conviction thereof in any court of competent juris- diction shall be fined not less than twenty dol- lars, or imprisoned in the county jail of the city and county of San Francisco not less than ten days. [Amendment, approved February 28. 1876; Amendments 1875-6, p. 32. In effect February 28, 1876.] § 2544. The police judge's court of the city and coimty of San Francisco shall have jiu-isdit^- 519 Harbor Commissioners. §§ 2545-2548 tion to try all cases of misdemeanor arising un- der this article. [Amendment, approved Febru- ary 28, 187C; Amendments 1875-6, p. 32. In ef- fect February 28, 1876.] § 2545. No person shall be appointed to any of- fice by virtue of this article, nor be employed in the service of the board, unless he be a qualified elect- or of the State, nor shall any person be so appoint- ed or employed who is interested in any vessel sail- ing or plying in and out of or on the inland waters of the bay of San Francisco, as owner, mortgagee, or otherwise, or as a stockholder in any company owning such vessels, or who is a consignee, the general or freight agent or manager of any such vessels, or agent or other employee of the owner of any such vessels, or who is engaged in the busi- ness of marine insurance, or of pi'ocuring such in- surance, or wlio is engaged as a stevedore, in load- ing and discharging such vessels. No person not a citizen of the United States shall be employed either as a contractor or laborer on any work done under this article. And eight hours shall constitute a legal day's work, whether performed directly for the State or for the person or persons receiving a contract under this article. [Ap- proved March 21, 1887.] § 2546. All official bonds requii'ed to be given by authority of this article shall be to the people of the State of California. [Amendment, ap- proved February 28, 1876; Amendments 1875-6, p. .32. In effect February 28, 1876.] § 2547. The board of State Harbor Commis- sioners shall procure and adopt a seal. [Amend- ment, approved Februarv 28, 1876; Amendments 1875-6. p. 32. In effect February 28, 1876.] § 2548. No tolls or wharfage shall be collected from travelers going on board or leaving any steamer or ferry, or upon their carriages or bag- gage, nor from any pei'son or vehicle employed to transport or convey said baggage to or from any steamer or ferry; nor for empty packages re- turned to tlie wharf or any vessel; nor for domes- tic supplies for i)rivate individuals, intended for consumption and not for sale, weighing less than one hundred pounds. [Amendments approved March 20th, 1878; Amendments 1877-§. p. 50. In ef- fect March 20, 1878.] §§ 2549-2552 Harbor Commissioners. 520 § 2549. The revenue collected and disbursed by authority of this article shall be gold and silver coin of the United States. [Amendment, approved February 28, 18TG; Amendments 1875-6, p. 32. In effect February 28, 1876.] § 2550. It is hereby made the duty of the board of police commissioners of the city and county of San Fi-ancisco to appoint such number of wharf- ingers and toll collectors special policemen as such commissioners shall request, in writing, such police commissioners to appoint, and also shall furnish such special policemen the usual badge of othce, which shall be paid for by the commis- sioners; such appointments must be renewed once in each year. The jurisdiction of such special po- licemen shall be coextensive with the premises described in this article, and their terms of office as such wharfingers and toll collectors. [Amend- ment, approved February 28, 1876; Amendments, 1875-6, p. 32. In effect February 28, 1876.] § 2551. Nothing in this article shall be taken or deemed to affect any action or suit now pending, or any right of action accrued, or any contract or obligation existing under the provisions of the statutes hereby amended; but such suits or ac- tions may be prosecuted in the name in which they have been instituted, and such rights of ac- tion, contraoi, or obligation shall remain unim- paired, and may be prosecuted and enforced in all respects the same as if this amendment had not been made. [Amendment, approved February 28. 1876; Amendments 1875-6. p. 32. In effect Febru- ary 28, 1876.] Pending actions and proceedings not affected, compare §§ 8, 18. § 2552. The monthly salaries of the officers of the board shall be as follows: The president, three hundred dollars; each of the other two commis- sioners, two hundred and fifty dollars; the secre- tary, two hundred and fifty dollars; the assistant secretary, one hundred and fifty dollars; the attor- ney, two hundred dollars; the chief engineer, two hundred and fifty dollars, the chief wharfinger, two hundred and fifty dollars; the wharfingers, one hundred and twenty-five dollars; and the collectors, one hundred dollars. The board must fix the com- 1 521 Harbor Commissioners. §§ 2553-2567 pensation of ttie other employes. No ex officio officer, nor consulting engineer, shall receive any compensation, except traveling and other inci- dental expenses. [Approved March 19, 1889.] § 2553. The attorney general of the State must give such legal advice and render such legal ser- vices as may from time to time be required of him by the commissioners, in connection with their duties without further compensation. [Amendment, approved Februarv 28,1876; Amend- ments 1875-6, p. 32. In effect February 28, 1876.] Attorney general — §§ 470-474; to give free opin- ion to commissioners of State institutions, § 470, subd. 6. This article originally was founded upon Stats. 1863, 406; 1863-4, 138. § 2554. Section two thousand five hundi'ed and fifty-four of said Code is hereby repealed. [Amendments 1875-6. p. 32. In effect February 28, 1876.] ARTICLE X. HARBOR COMMISSIONERS FOR THE PORT OF EU- REKA. § 2567. Harbor Commissioners for the Port of Eureka. § 256S. Power of Board to protect navigation. § 2569. Board may make regulations, impose penalties, etc. § 2.^.70. Harbormaster of Port of Eureka; duties of. § 2571. Compensation and expenses. § 2572. Fees of Harbormaster. § 2567. There is a board of three commission- ers, known as the "Board of Harbor Commission- ers of the Port of Eurel^a." The mayor of the city of Eureka, in the county of Hum- boldt, is an ex-officio member thereof, and one of said commissioners shall be ap- pointed by the governor of this State, and sliall hold his office for two years, and until his succes- sor is appointed and qualified; and the other of said commissioners shall be appointed by the governor, and shall hold his office for the term of four years, and until his successor is appointed and qualified. And appointments to fill vacancies, which may hereafter occur in the board of harbor commis- sioners of the port of Eureka shall be for the term §§ 2568-2570 Harbor Commissioners. 522 of four years, and no person sliall be eligible to tlie office of Harbor Commissioner of said port of Kurelva, unless lie be a resident of the city of Eu- relva. [Amendment approved P'ebi'uaiT 12, 1878; Amendments 1877-8, p. 51. In effect February 12, 1878.] § 2568. The board of harbor commissioners of the port of Eureka are authorized and empower- ed to malie such rules and regulations, and take such action as may be necessary or proper for the px'otection of navigation in Humboldt bay, or in anj' slough or creek emptying into the same so far as the tide ebbs and flows. [Amendment, ap- proved February 12, 1878; Amendments 1877-8, p. 51. In effect February 12, 1878.] § 2569. The board may: 1. liegulate the erection and extensions of wharves and piers; and prescribe the plans and dimensions thereof. 2. liegulate the tolls, wharfage, or dockage to be charged thereon. 3. Regulate the manner of constructing booms, and to limit their extent into the waters of the bay. 4. Prescribe and regulate the manner in which rafts, boats, or vessels must lie at anchor or be moved to any wharf or pier. 5. Prevent and remove obstructions to the regu- lar ebb and flow of the tides and the deposit and escape into the waters of the bay of substances likely to injure, interfere with, or impede the nav- igation, or to create shoals or shallows in or les- sen the depth of the waters thereof. 6. Impose penalties for violation of such rules and regulations, not exceeding for any one viola- tion the sum of five hundred dollars, to be recov- ered by action in the name of the board before any court of competent jurisdiction, together with costs of suit; the net proceeds of which actions must be paid into the treasury of Humboldt coun- ty. [In effect March 7, 1889.] § 2570. The town marshal of Eureka is the harbormaster of the port of Eureka. He must en- force and carry into effect such rules and regu- lations as the board of harbor commissioners may from time to time adopt and publish, and must re- port to the board any and all violations thereof. 523 ' Harbor Commissioners. §§ 2571-2575 § 2571. The members of tlie board must re- ceive the sum of four dollars for every day actu- ally and necessarilj' employed by them in per- forming the duties herein prescribed, to be paid from the treasury of Humboldt county, California, as other claims against said county are paid. All expenses necessarily incurred by the board in the performance of their duties must be paid in the same manner out of said treasury as the members of the board are herein provided to be paid. [Ap- proved March 7, 1889.] § 2572. The fees of the harbormaster are pre- scribed by the board of commissioners, and paid monthly by the board of trustees of the town of Eurelia, upon the certificate of the board of com- missioners, except such fees as may be provided to be otherwise paid by the board. Article based on Stats. 1869-70, 745. ARTICLE XI. HARBOR COMMISSIONERS FOR THE BAY OP SAN DIEGO S5 2575 to 2608. (Approved March 18, 1889.) [Sections 2583 to 2607, relating to sailors and sailor boarding houses were repealed by act of December 22d, 1875.] § 2575. A Board of State Harbor Commission- ers for the Bay of San Diego, to consist of three persons, is hereby constituted with such powers and duties as are prescribed by law. On the pas- sage of this act the Governor must nominate and by and with the consent of the Senate appoint one of said Commissioners to hold office for two years, and one for three years, and one for four years from the dates of their respective commissions, and until their successors are qualified. The said oflicers must thereafter be nominated by the Gov- ernor, and by and with the consent of the Senate, be appointed for four years from the dates of their respective commissions, and until their suc- cessors are qualified. All persons appointed com- missioners by virtue of tliis Act must be quali- fied electors of the county of San Diego. If the term of oflice of any commissioner expire during § 2576 Harbor Commissioners. 524 the recess of the Senate, the Governor must grant a commission to his successor, which shall be val- id to all intents and purposes, subject, however, to the consent of the Senate at its next regular ses- sion. If a vacancy occurs from any cause in the office of a commissioner liefore the expiration of his term, his successor must be appointed and hold office only for the unexpired portion of such term. In case the Senate, during its session, fail to act on or refuse its consent to any nomination the Governor may make of persons to constitute the Board herein first provided for, or to fill a va- cancy occurring thereafter by expiration of the term or otherwise, he must, after the adjournment of the Senate, grant a commis.sion for the tei'ms herein provided for, or for the unexpired portion of such term, as the case may be, subject, how- ever, to the consent of the Senate at its next reg- ular session. In all cases, however, where the Senate fails or refuses to confirm a nomination so made by the Governor, the official acts of the per- son so nominated, up to the time of his non-con- firmation, shall be legal and valid to all intents and purposes, and he shall be entitled to his sal- ary up to that time for his services rendered, but no further; provided, that upon the passage of this Act, the Governor shall nominate three per- sons to fill such offices for the first term and sub- mit them to the Senate at least one day before its final adjournment. The commissioner first ap- pointed for four years shall be the President and executive officer of tlie Board. It shall be his duty to preside at its meetings, to supervise the official conduct of all its officers and employes, es- pecially in the collection, custody, and disburse- ment of the revenues, and to require that all the books, papers, and accounts be accurately kept, and in proper form, and all the provisions of law and the regulations of the Board be enforced and observed. He may administer official oaths to the officers and employes of the Board, except the other CommissioneVs. and to all persons in rela- tion to the business of the Board. After the ex- piration of the first four years, the Commissioners must elect their President from amongst them- selves. § 2576. The President of the Board must give an official bond in the sum of ten thousand dol- lars, and each of the other commissioners 525 Harbor Commissioners. § 2577 \n the sum of ten tliousand dollars, which must be approved by the Governor, and State Treasurer, by written indorsement thereon, and within fifteen days after the date of their respective commissions must be filed and re- corded in the office of the Secretary of State, to- gether with the oflicial oath presci'ibed bylaw. The Commissioners shall not be sureties for one anoth- er, nor shall any officer of the State, nor any officer or member of the Legislature be accepted as surety on said bonds. The Board, on entering upon the duties of their office, may, as soon as they deem it necessary for the performance of the duties re- quired by this Act, and have funds at their dis- posal to pay the salaries or compensation for ser- vices rendered, appoint tlie following- officers, viz: A Secretary, an Assistant Secretary, an .Attorney, a Chief Engineer, a Chief Wharfinger, and such Assistant "Wharfingers and Collectors as they may deem necessary. Such officers shall hold for a term of four years from the date of their respec- tive appointments, but may be removed by the Board at any time when their respective services are not required, or after due investigation for causes affecting their official character or compe- tency. The order for stich removal, stating dis- tinctly the causes therefor, must be entered on their minutes. In case of a vacancy in such of- fices, which the Board may deem necessary to be filled, the Board must fill the same by appoint- ment for four years, subject to removal as herein- before provided in this section. During the time of any vacancy in an office to be filled by appoint- ment of the Board, the members of the Board ap- pointed by the Governor shall perform any and Jill duties of such offices necessary to be done, as far ns they are able to do so, and they may employ and pay for, out of the funds at their disposal, temporary assistance in tlie performance of such duties. And it shall be the duty of said Commis- sioners to cause to be made, without unnecessary delay, a full and complete map of the entire water- front of the harbor of San Diego, which map, af- ter being approved and adopted by said Board, shall be the official map of said harbor, and a certi- fied copy shall thereupon be filed in the office of the County Ilecorder of San Diego County. § 2577. The Secretary must keep the office of the Board open every day, legal holidays excepted, § 2577 Harbor Commissioners. 526 from niue o'clock A. M. till four o'clock P. M. He shall safely keep and be responsible for all moneys paid into the office, and for all the books and pa- pers of the Board, attend their meetings, and keep a perfect record of their proceedings, with the names of the Commissioners present thereat. He must keep in proper books an account of all mon- eys received and paid, and on or before the tenth day of each month must send to the State Control- ler a statement thereof, under oath, for the pre- ceding month, showing the sources from vrliich such moneys were received, and the purposes for which they were paid, and must also report to the Controller the amount paid to the State Treasurer for the month covered by such statement. He must enter daily, in proper wharf-books, the re- turns made by the ^^'harfingers and Collectors, and, on the last day of each month, settle the ac- counts of each of them, and balance the said books as soon as possible thereafter. When mon- " ey is received from any source, he must retain a stub corresponding in number, date, and amount, with the receipt given therefor, and he miist re- quire the person paying it to sign such stub. He must record at length all contracts and agree- ments made by the Board, and also all bonds exe- cuted by officers of the Board, and keep a record of all personal property purchased and its cost, and in case any be sold, the name of the purchas- er, date of sale, and the price received therefor. Before entering on the duties of his office he must give an official bond in the sum of twenty thou- sand dollars, and take and subscribe an official oath. Said bond must be approved by the Board by written indorsement thereon, and be filed with such oath in the office of the Secretary of State. The Assistant Secretary shall attend at the office during office hours, and miist perform such ser- vices as may be required of him by the Secretary of the Board. Before entering upon the duties of his office he must give an official bond. in the sum of ten thousand dollars, and take and subscribe an official oath. Said bond must be approved by the Board by written indorsement thereon, and be tiled with such oath in the office of the Secretary of State. The attorney shall attend to the prose- cution and defense of all suits, and render such legal services as mav he required by him of the Board. The Chief Engineer must prepare such 527 Harbor Commissiouers. § 2577 plans and specifications as tlie Board may direct, and if adopted, and tlie worl< ordered by the Board to be done, must superintend its construction. He must give constant attention to tlae condition of the seawall and thoroughfares, of the sheds, wharves, piers, and landings, of the streets or parts thereof under the jurisdiction of the Board, and of the construction and operating of the sea- wall railroad, and Avhen repairs are needed must forthwith report to the Board, in writing, their na- ture and extent, and, if ordered by tlie Board, must have the same done at once. He must keep himself informed as to the depth of the water in the various docks and slips, and report to the Board from time to time what dredging is requir- ed. He must keep a register, properly indexed, showing the date, place, ahd character of every piece of work done and dock dredged, when begun and when finished, with proper descriptions and drawings. He must take and subscribe an official oath, and give a bond in the sum of ten thousand dollars, to be approved by the Board by written indorsement thereon. Said bond and oath must be filed in the office of the Board. The Chief Wharfinger must station, berth, and regulate the position of vessels in the docks and harbors, and cause them to remove from time to time, and fi-om place to place, as the general convenience, safety, and good order may require. Sflbiect to sucli i-eg- ulations, he must assign berths to vessels in the order of their application after entering tlie har- bor. He must supervise the Wharfingers, and re- port to the Board all cases of failure to perform their duties, and require all shipmasters, consign- ers, pilots, and masters of towboats to conform to the regulations of the Board. He must require the docks, slips, wharves, piers, and other prem- ises under the jurisdiction of the Board to be kept free from all ol)structions, and when parties fail to obey his order to remove the same, he must forthwitli report the fact to the Board, and exe- cute their order in relation thereto. And it shall be his duty to execute and enforce the rules and regulations whicli niaj' be established by such Board pursuant to the provisions of this article, and he is also empowered to determine cases of collision by consent of all i)arties interested, and where damages do not exceed three hundred dol- lars, the decision is final. He shall take in charge § 2577 Harbor Commissioners. 528 all abandoned -watercraft and all boats piclied up adrift, and secure tlie same, after which he shall advei'tise for one week in one of the daily news- papers printed in the City of San Diego, giving the full particulars pertaining to the same, and re- quest all parties interested to appear and estab- lish their title or claim thereto, within twenty days from the last publication. If claimed within said period, such property shall be delivex*ed to the owner on payment of all costs of I'emoving, securing, and advertising the same. If not claim- ed within said period, or if the owner fails to pay the charges, such property shall be sold by the Chief AV'harfinger to the highest bidder, at public auction; less the cost shall be paid the owner, if claimed by him, or if not claimed by the owner, shall be paid to the Board of State Harbor Commissioners: but the owner shall be entitled to receive from said Board the amount so paid, if he claim the same within one year from the date of said payment. For the purposes of this section the harbor of San Diego shall be the tidewaters of the entire Bay of San Diego, and the jurisdiction of the Chief Wharfinger shall, when performing the duties required by this section, be coextensive with such tidewaters. The Chief AVharfinger shall keep an office in some convenient place upon the city front, which shall be kept open every day (Sundays and holidays excepted) from 7 A. M. till 6 P. M. The Commissioners shall furnish a suitable budd- ing for an office, for the exclusive iise of said Chief Wharfinger and Assistant Chief AYharfinger, with suitable office furniture. And it shall be the duty of all pilots, masters of tugboats, masters, owners, and consignees of vessels, to obey all lawful or- ders and directions of the Chief Wharfinger in re- lation to the stationing, anchoring, and removing of vessels under and pursuant to such rules and regulations. He must take and subscribe an offi- cial oath, and give such official bond as the Board may require subject to their approval to be in- dorsed tliereon. Said bond and oath must be filed in the office of the Board. The Wharfingers shall have sunervision of the wharves to which they are assigned, and must require the recrulations of the Board and orders of the Chief Wharfinger to be respected and obeyed, and good order to be pre- served thereon. The collectors must collect the revenues in such manner as the Board may direct. 529 Harbor Commissioners. § 2578 and must daily account for and pay all moneys in the office. The Wharfingers and Collectors must take and subscribe an official oath, and give such official bond as the Board may require, subject to their approval, to be indorsed thereon. Said bond and oath to be filed in their office. All the above- named officers must perform such other duties pertaining to their positions as the Board may from time to time prescribe. The Board may, in its discretion, employ an assistant to the Chief Engineer, an assistant to the Chief Whai-finger, a draughtsman, a superintendent of dredges, a yard- master, and such men on the dredges, scows, tug- boats, fireboats, and railroad, and in doing ur- gent repairs, as they deem advisable, and pre- scribe their bonds, duties, and compensation; such employes shall hold their -positions and be remov- able at the pleasure of the Board; but no officer or employe of the Board shall be removed or other- wise prejudiced for i-efusing to contribute to any political fund, or to render any political service; nor shall the Board, collectively or individually, use their official influence to coerce the political ac- tion of any of the officers or employes. Nor shall the State dredgers be employed to dredge slips not under tlie control of the State, nor private work of any character. -Nor shall the Commissioners, nor their appointees, be interested in any contract for the erection or repairing of any work described In this article. Any Commissioner or appointee who shall be interested is guilty of a felony. § 2578. The Commissioners may institute and I)rosecute to final judgment actions in tlie name of the people of the State of California, for the pos- session of any portion" of the premises described in this article, or for the collection of any money due or that may become due the State by author- ity of this article; and the Commissioners may also Institute and prosecute to final judgment actions for the removal of all unlawful obstructions in or upon said premises, or for tlie removal of all un- lawful obstructions in or upon the streets through the center of which the inshore line, or line near- est the main land bounding said premises, runs. They may also remove any unlawful obstructions thereon after the owner, possessor, or occupant, of such obstruction shall have five days' notice, in writing, to remove the same, either served on Pol. Code— 45. § 2579 Harbor Commissioners. 530 such owner, possessor, or occupant, or posted upon said obstruction by the Chief Whai'finger, Assist- ant Wharfinger, or Wharfinger. § 2579. The Commissioners shall have posses- sion and control of the entire Bay of San Diego, together with the improvements, rights, privileges, easements, and appurtenances connected there- with, or in anywise appertaining thereto, for the purposes in this article pi'ovided. And said Com- missioners, in addition to a general control over said premises, shall have authority to use for load- ing and landing merchandise, with a I'ight to col- lect docliage, wharfage, and tolls threeon, such portions of the streets of the City of San Diego, or any city or town ending or fronting upon the wa- ters of the Bay of San Diego as may be used for sucli purposes without obstructing the same as thoroughfares, and authority to rent an office in any portion of the City of San Diego, and pur- chase from time to time suitable books for the rec- ords of the Secretary and accounts of the Wharf- ingers, together with such stationery as may be required by the Board, and to fix and regulate from time to time the rates of doclvage. wharfage, cranage, tolls, and rents, and collect such an amount of revenue therefrom as will enable the Commissionei-s to perform the duties required of them by authority of this article. And the Com- missioners may so modify and establish such rates of dockage and wharfage, collecting, as near as possible, equal amounts from dockage and wharf- age. When such modification has been made, the collection of tolls must be abolished, and the toll collectors discharged. The Commissioners shall construct such ntimber "of wharves as the wants of commerce shall require, and shall lo- cate such wharves at such points and upon such lines as the Board may deem most suitable for the best interest of commerce, and shall repair and maintain all the wharves, pier's, quays, land- ings, and thoroughfares the wants of commerce may require, and generally to erect all such im- provements as may be necessary for the safe land- ing, loading, and unloading, and protection of all classes of merchandise, and for the safety and con- venience of passengers passing into and out of the City of San Diego, or any city or town on the Bay of San Diego, by water. But no wharf shall be 531 Harbor Commissioners. § 2579 constructed upon such place or line as will cause any slip or docli to be less tlian one liundred and thirty-six feet wide at the most narrow point be- tween the wharves. When they determine that a new wharf shall be erected, or any other neces- sary improvement constructed, or repairs made, or dredging machines, scows, steam tugs, and any necessary machinery, the cost of which shall exceed three thousand dollars, they shall ad- vertise for sealed proposals for a period of not less than ten days in one or more of the daily newspa- pers in the City of San Diego. Every proposal shall be accompanied by a certified checli for an amount equal to five per cent of tlie amount of sucli proposal, such checli to be made payable to the oi'der of the Secretary, of said Board, condi- tioned if the proposal is accepted and the contract awarded, and if the bidder shall fail or neglect to execute the contract and give tlie bond required within six days after the award is made, in that case said sum mentioned in said checli shall be paid into the State Treasui-y by said Secretary as liquidated damages for such failure and neglect, as a portion of San Diego Harbor Improvement Fund. Such advertisement shall contain a gen- eral description of tlie worlv to be done, the mate- rials to be used, the place where to be used, and must refer to specifications, which must contain full and accurate description of the work to be performed, the material to be used, which speci- fications shall be Ivcpt in the otfice of the Secretary of the Board in such manner that all persons may inspect the same during the usual business hours of all days except Sundays and holidays. On a day named in the advertisement, the Commission- ers shall open the bids in the presence of such bidders as are present, and award the contract to the lowest bidder, who shall furnish sufficient sureties to guarantee the performance of the worlv. If, in the opinion of the Commissioners, the bids are too higli. they may reject them and advertise anew in lilve manner as before. If, in the opinion of the Commissioners, the second bids are too high, they may reject them lil^ewise and enter into contract witli responsible parties with- out giving further notice. Any contract entered into without giving further notice and receiving bids must be at least ten per cent lower than the lowest rejected bid. Th(> Board may construct § 2579 Harbor Commissioners. 532 such harbor, embankment, or seawall, as shall be necessary to protect the harbor of San Diego, and dredge such number of slips and docl^s as the commerce of the port of San Diego may require, to a depth that will admit of the easy and free in- gress and egress of all classes of watercraft that load and discharge cargoes at the wharves, piers, quays, landings, and thoroughfares in the harbor of San Diego; to perform which dredging said Board of State Harbor Commissioners for the Bay of San Diego are hereby authorized and empow- ered to hire, employ, purchase, or construct dredg- ing machines, scows, steam tugs, and the neces- sary machinery, and employ men for operating the same. When any portion of the premises described in this article shall be dredged, the sand, mud, or other substances shall be deposited in a place des- ignated by the Board. All classes of watercraft that use or malce fast to any wharf, pier, quay, landing, or thoroughfare, and land uix)u or load therefrom any goods, wares, or merchandise, shall be liable, and must pay to the Commissioners such rates of doclcage as shall be fixed by authority of this article: and all such watercraft as shall dis- charge or receive any goods, wares, or merchan- dise Avhile moored in any slip. docl^. or basin with- in the jurisdiction of the Commissioners, shall pay one-half the regular rates of dockage. Any watercraft that shall leave any wharf, pier, quay, landing, thoroughfare, slip. dock, or basin, unless forced to do so by stress of weather, without first paying regular rates of dockage due from such vessel, shall be liable to pay a fine not to exceed five hundred dollars. The charge for wharfage and tolls shall be a lien upon all goods, wares, and merchandise landed upon any of the wharves, piers, quays, landings, or thoroughfares upon the premises described in this article; and the Com- missioners, their agents, or lessees may hold pos- session of any such goods, wares, or inerchandise so landed as aforesaid, to secure the payment of such wharfage and tolls, and for the purpose of such lien are deemed to have possession of such goods, wares, and merchandise so landed, until such chai-ges of wharfage and toll are paid. The Commissioners shall have power to make reason- able rules and regulations concerning the control and management of the property of the State which is intrusted to them bv virtue of this arti- 533 Harbor Commissioners. § 2579 cle; and said Commissioners are hereby authorized and required to malie, without delay and from time to time, and publish not less than thirty days in a daily newspaper of general circulation pub- lished in the City of San Diego, all needful rules and regulations, not inconsistent with the laws of the State or of the United States, in relation to the moving and anchorage of vessels in said harbor, providing and maintaining free, open, and unob- structed passageways for steam ferryboats and other steamers navigating the waters of the Bay of San Diego, so that such steamers can conven- iently make their trips without impediment from vessels at anchor or other obstacles. And said Commissioners may also make all needful rules and regulations governing . the removal of such vessels from the wharves and other landings, and from slips and docks as are not engaged in receiv- ing or discharging cargo, prescribing the time dur- ing which goods, wares, and merchandise landed upon any wharf, pier, quay, landing, or thorough- fare shall be permitted to remain thereon, and may divide the same into several classes, and may, by such rules and regulations, provide that in case any such goods, wares, or merchandise remain upon any wharf, pier, quay, landing, or thoroughfare, beyond the time so prescribed, the respective Wharfinger may, under the order of the Commissioners, remove and deposit the same in a suitable place, at the charge, risk, and expense of the owner thereof. When any goods, wares, or merchandise shall have remained upon any wliarf, pier, quay, land- ing, or thoroughfare more than twenty-four hours, the Commissioners may, in their discretion, charge such additional rates for each subsequent day as in their opinion is just and equitable. The Commissioners may, in their discretion, set apart and assign for- the exclusive use of the watercraft used by the officers of the Federal Government, such convenient and safe landings as such ofiieers may require, together with suitable premises near such buildings as may be set apart and assigned for tlieir use, upon which premises such ofacers may cause to be erected ofiices and storehouses to suit their convenience, and the Commissioners shall charge a reasonable compensation per month for the iise of such landings, and otfice and store- house premises; set apart and assign a suitable § 2579 Harbol" Commissioners, 534 and proper locality for the use of the Harbor Po- lice of the City of San Diego, and also a suitable place for a boathouse station for the exclusive use of the Quarantine and Health Officers of said city without compensation; set apart and assign for the exclusive use of steam ferryboats suitable slips, in which such structures may be erected a? will secure the safe and convenient landing of passengers, and safe landing and delivery of freight; set apart and assign suitable wharves, bertns, or laudings. for the exclusive use of ves- sels; to construct suitable sheds, gates, and other temporary structures as may be necessary for the safe and convenient landing of passengers, and safe lauding and delivery of freight; and set apart and assign for the sole and exclusive use of the fishermen of the City of San Diego, such place or places as the said Commissioners shall deem prop- er and sutticieut, and for no other purpose. The Commissioners may assign suitable places for the landing of horses, cattle, sheep, and swine, and when such places have been assigned, it shall be a misdemeanor for a commander of any water- craft to land any greater number than ten at one time from any watercraft at any other place. The Commissioners may set apart for the uses and purposes of drydoclis and marine railways sueh portions of the water front as tlie wants of com- merce may require, and lease the same for a pe- riod not to exceed ten years. When the Commis- sioners lease premises for marine railways and drydoclv purposes, as provided in this section, they shall advertise for sealed proposals, for a period of not less than ten nor more than twenty days, in one of the daily newspapers of the largest circu- lation, printed in the city of San Diego, which ad- vertisement shall contain a description of the premises to be leased. On the day named in the advertisement, the Commissioners shall open the bids in the presence of such of the bidders as are jjreseut, and award tlie premises to the highest re- s))ousible bidder that shall furnisli sufficient sure- ties to guarantee the payment of the rent, and may negotiate for. and accept, and cancel, any lease of any poi-tion of the premises described in this article, and pay a reasonable compensation for any structures upon any such leased premises as in the opinion of the Board and Engineer may be useful for such commercial purposes as this 535 Harbor Commissioners. § 2579 article is intended to promote. No person or com- pany sliall, witliout the consent ot tlie Board of State Harbor Commissioners, laud or remove any goods, Avares or merchandise, or other thing, upon or from any wharf, pier, quay, landing, or thor- oughfare situate upon the premises described in this article, unless authorized to do so b.v virtue of valid lease; uor shall any person collect docljage, wharfage, cranage, rent, "or toll, within the boun- daries of the premises described in this article, except by virtue of valid leases, without first ob- taining permission to do so from said Commis- sioners; nor shall an.v person or company place or cause to be placed any obstructions in the Bay of San Diego, nor upon any wharf, pier, quay, landing, or thoroughfare, without the consent of the Board. Whenever any wliarf, pier, quay, land- ing, or thoroughfare in tlie harbor of San Diego shall be incumbered or their free use interfered with by goods, wares, merchandise, or other sub- stance, w^hether loose or built upon or fixed to any such wharf, pier, quay, lauding, or thoroughfare, it shall be the duty of the Commissioners to notify in writing (which notice may be served by a Wharfinger, or by the Secretary or Assistant Sec- retary of the Board), tlie owner, agent, occupant, or person placing or keeping such obstructions there- on, to remove the same within twenty-four hours after the serving of such notice; and in case of fail- ure to comply with such notice, and remove such obstructions, the owner, agent, occupant, or per- son so notified shall be liable to pay the Commis- sioners the sum of twenty-five dollars for each and every day during Avhich said obstructions shall remain upon any such wharf, pier, quay, landing, or thoroughfare; and the Commissioners shall have power, in their discretion, to remove any such encumbering siibstance, and store the same in any suitable, conveuient and safe place, and a sum equal to the amount of the expenses of the removal, together with all other necessary cliarges, shall be paid by the owner of such encumbering substance to the Commissioners, and such sum and necessary charges shall |bo a lien on such substance until paid. The Commissioners are authorized to assign berths or slips for the exclusive use of sea-going teniners. ferrybf)Mts. and steamboats navigating the waters of the Bay of San Diego and its trib- § 2580 Harbor Commissioners. 536 utaries, and to construct suitable offices, sheds, and inelosures for tlie accommodation of tbeir busi- utaries, and to construct suitable offices, sheds and inelosures for the accommodation of their busi- ness, and may charge for such exclusive use a rea- sonable sum, iri-espective of their tonnage or the number of days such berth is occupied. For the purpose of enforcing the charge for wharfage or toll on goods, wares, and merchandise, landed on any wharf, pier, or thoroughfare, or remaining thereon longer than the time prescribed by the harbor regulations, the said Commissioners are authorized to talie possession of such goods, wares, and merchandise; and if such cliarge be not paid within two days thereafter, may remove and store the same at the charge, risk, and expense of the owner or consignee tliereof; or may sell the same by public auction, with or without notice, at their discretion; and for the purpose of keeping the wharves, piers, and thoroughfares free of obstruc- tions, the said Commissioners shall cause a writ- ten notice to be served on the owner, agent, consignee, or person in possession of any such ob- structing material or structure; or may post a no- tice thereon, at their discretion, requiring its re- moval within twenty-four hours thereafter; and on failure to comply therewith, the Commission- ers may remove, store, or sell the same by public auction, at their discretion. From the proceeds of any such sale they shall retain all the wharfage and tolls due, with ten per cent thereon; and, in case of obstructions, twenty-five dollars for each and every day during which the wharf, pier, or thoroughfare has been obstructed, and also all the expenses attending such sale, and the surplus, if any. sliall be paid to the proper pai'ty. Such sale shall be made subject to immediate removal. § 2580. The Board of State Harbor Commis- sioners for the Bay of San Diego are authorized to extend any of the streets lying along the water front of said city and county, to a width not ex- ceeding one hundred and fifty feet, where they have iiot been already so extended. The outer half of such streets must be constructed or built and maintained in good repair by the State Har- bor Commissioners, or parties holding under them, and may be used as a landing place or pier, on whicli doclcage, wharf age, and tolls may be collect- ed; and until such extensions are made the Com- missioners may have and use as a landing place, 537 Harbor Commissioners. §§ 2581-2583 with full power to collect docliage, wharfage, and tolls thereon, so much of the streets now fronting upon the waterfront as may be used for sucli pur- pose without obstructing the same as a thorough- fare. The inner half of such streets shall be con- structed and maintained in good repair by the owners of the lots abutting thereon. The Com- missioners are authorized to construct across the outer half of said streets an extension of tlie sewers of the said city, if it be necessary to talje any land for the purpose of widening any such street. When it becomes necessary for the Com- missioners to construct any wharves on th'e line of the waterfront, they are authorized to adopt and pay for any structures which would form part of such wharves, and which have been con- structed along such line by private parties prior to the passage of this Act. § 2581. The embankments, seawalls, thorough- fares, streets, wharves, and other public places provided for in this Act are hereby declared a public use. in the laying out and construction of which the right of eminent domain may be exer- cised by the Harbor Commissioners in the name of the people of the State for the estates and rights, and in the manner provided in part three, title eiirht, of the Code of Civil Procedure. The said Commissioners are authorized to pay out of ttie Harbor Improvement Fund any compensation and damages assessed in such proceedings. § 2582. No greater amount of money shall in the main ever be collected by the collection of doclvage, wharfage, tolls, rents, and cranage than shall be necessary to construct and keep in repair such number of wharves, piers, landings, and thoroughfares, constnict sheds, dredge such num- ber of slips and docks, eonstruetiug a seawall and harbor embankment, construct and operate a rail- way on the seawall, and pay incidental expenses allowed to be paid by this article. § 2583. No contract or oblig.ation entered into by tlie Harbor Commissioners, wliicli creates a liability or authorizes the payment of money, shall be valid or of binding force unless signed by all three of the Commissioners, and coTintersigned by the Secretary of the Board: nor sliall any contract involving the payment of money be made by the said Commissioners, unless the amount tlien to §§ 2584-2586 Harbor Commissioners. 53Si the credit of the Harbor Improvement Fund, to- gether with the revenue estimated to accrue up to the time of the maturity of such contract, over and above the current expenses of the Commis- sion, be sufficient to meet the payment to iDecome due tliereon; provided, such estimate of revenue shall be limited as to time to one year, and as to amount to the amount of revenue of the preced- ing year. § 2584. All moneys collected shall be paid into the State Treasury, and be credited to the San Diego "Harbor Improvement Fund, at least once in each month, except office rent, cost of office fur- niture, boolis, stationery, lights, fuel, expense of dredging, expense of pile driving and piles, clean- ing the wharves and bullvheads, legal and other in- cidental expenses, and in addition one thousand dollars per month for urgent repairs; which last sum. if so much be required, may be used in re- pairing the wharves, piers, landings, thorousli- fares, sheds, and other structures, and the streets bounding on the waterfront under the jurisdic- tiou of the Board, without advertising for pi'opos- als tlierefor. Such monejs may be remitted to the State Treasury by express. § 2585. The Commissioners shall take vouch- ers for all sums of money by them expended un- der the authority of this article, excepting fifty dollars per month for postage stamps, express, and other incidental expenses, and safely Ijeep the same on file in the office of the Board. For all sums of money paid by the Commissioners, ex- cepting those mentioned in section two thousand five hundred and eighty-three, drafts shall be drawn by them on the Controller of State, couu- tersiarned by tlie Secretary of the Board, and the Controller of State shall draw his warrant on the State Treasurer, who shall pay the same out of any money in said Treasvu'y credited to the San Diego Harbor Improvement Fund. No warrant shall be drawn by the Controller upon the Treas- urer of the State, as provided in this section, un- less the order bears the signatures of all three Commissioners, and of the Secretary of the Board. § 2886. On tlie payment to the State Treasurer of any sum of money, the Secretary and State 539 Harbor Commisisoners. §§ 2587, 2588 Treasurer must report to the State Controller the amount so paid, and the Treasurer must give the Board a receipt for the same. Such payments shall be considered as payments into the State Treasury, and tlie Treasurer shall be responsible on his official bond therefor. § 2587. The Governor of the State, and the Mayor of the City of San Diego, and the Mayor of National City, are hereby made ex officio addi- tional members of tlie Board of State Harbor Commissioners, for the special purposes herein mentioned, and sliall talve part in the action of the board as hereinafter provided. § 2588. The Board of State Harbor Commis- sioners are hereby autliorized, and empowered, and directed, Avithin one year from and after the passage of this Act, to employ two consulting civil engineers, to act in concert with the engineers of the Board, to malie a survey, select and locate a line for a harbor embankment oi" seawall, and malce a report of their doings to said Commission- ers, who shall, after receiving the same, appoint a time for holding, at the office of the Board, a special meeting of the Board, to consider the ques- tion of adoption or rejection of the same. The Board sliall, at least ten days previous to said meeting, notify the Governor of the State, and the Mayor of the City of San Diego, and the May- or of National City of the time, place, and object of said meeting of said Board, and shall request them to be present and talie part in the considera- tion of the question; and* at said meeting or any adjourned meeting, thereof, the Governor and said Mayors shall be deemed additional members of said Board, with like powers and rights as the other members thereof. If they are not present at the meeting, the Board shall adjourn to a day certain, and notify tliem anew as before; and if either be present at the adjourned meeting, with tliree Commissioners, action may be had, and an affirmative vote of all four present shall determine the question; any less vote sjaall be a negative vote. But the Board may order new surveys and locations, Avhich may be adopted or rejected, in like manner as before. If the vote is in the af- firmative, the line adopted shall be thenceforth the line of the harbor embankment and seawall of the harbor of San Diego. §§ 2589-2591 Harbor Commissioners. 540 § 2589. On and after the passage of this Act, the Treasurer of the State shall keep the money remitted to him by the Board of State Harbor Commissioners for San Diego to the credit of a fund to be Icnown as the San Diego Harbor Im- provement Fund, after which all drafts drawn by this Board shall be paid by the Treasurer out of the San Diego Harbor Improvement Fund. § 2590. The State Treasurer shall receive all moneys paid by the State Harbor Commissioners for San Diego, and lieep the same in a separate fund, to be linown as the San Diego Harbor Im- provement Fund, and pay out the same as pro- vided for in this article, and shall keep an accur- ate account of all moneys received by him and paid out under the authority of this article, in books kept solely for that purpose, which said books shall be open at all times to the inspection of the Governor and Controller of State, and of any committee appointed by the Legislature, or by eitlier branch thereof. § 2591. When the Commissioners determine to construct any part of the seawall, they must ad- vertise for sealed proposals for not less than thirty days, in not less than two daily papers in San Diego. Tlie advertisement must give a full and ac- curate description of the work to be done, the place where to be done, and the material to be used. On the day dated in the advertisement the bids must be opened in the presence of such bid- ders as are present, and the contract awarded to the lowest bidder, who" shall give a bond with two or more responsible sureties, to be approved by the Commissioners, for the due performance of the Avork. Their approval must be indorsed on said bond. If, in the opinion of the Commissioners, the bids are too high, they shall reject them and advertise anew in like manner as before. And if, in tlie ojiinion of the Commissioners, the second bids are also too high, they shall reject them like- wise, and may enter into a contract with respon- sible parties without giving further notice. The parties entering into a private contract with the Commissioners must give a bond, with two or more responsible persons as sureties, to be ap- proved, by the Commissioners, which approval shall be by writing indorsed upon said bond, con- 541 Harbor Commissioners. § 2591 ditioned for the faitliful performance of the con- tract. But the consideration agreed to be paid in any contract entered into without giving public notice must be five per cent lower than the low- est responsible bid rejected. The work to be per- formed under any one contract shall not exceed one thousand lineal feet of harbor embanliment or seawall. But the Commissioners may enter into as many contracts at the same time as they deem expedient; provided, the amount in the Har- bor Improvement Fund, together with the revenue estimated to accrue pursuant to section (2582) twenty-five hundred and eighty-two of the Polit- ical Code shall be sufficient to meet the contract price of such work, after deducting the current expenses of the Commission and tlie amount re- quired for the erection and repair of the wharves, dredging the docks and slips and incidental ex- penses; but in no event shall the State be liable on such contracts foi- any deficiency in the Har- bor Improvement Fund. Sepai'ate contracts may be entered into for the dredging of a canal for the receptioii of the rock required for the con- struction of a harbor embanlvment; provided, that the advertising of sealed proposals, the receiving and opening of bids, and the awarding of con- tracts required in this section, shall be complied with in the letting of such work in separate con- tracts. The Commissioners may, if in their opin- ion it will be more economical, dredge with the dredger belonging to the State the channel nec- essary for the reception of the stone used in the constiMiction of tlie seawall. No contractor who enters into a contract to construct any portion of said seawall shall be required to commence the work in less than thirty days after the award- ing of the contract. The Board shall, at least ten days previous to the holding of any meeting as provided in this section, notify the Governor of this State and the Mayors of San Diego City and National City of the time and place and ob.iect of the meeting, and request them to be present and take part therein; and at said meeting the Gov- ernor and the Mayors of the City of San Diego and of National City shall be deemed additional members of said board, with like powers and rights as other members thereof; and no contract shall be entered into under the authority of this section without the con- Pol. Code— 46. §§ 2592,2593 Harbor Commissioners. 542 sent of eitlier the Governor or Mayor of San Diego City, or the Mayor of National City. Every proposal shall be accompanied by a certi- fied check for an amount equal to five per cent of the amount of such proposals, to be made payable to the order of the Secretary of the Board, condi- tioned that if the proposals are accepted and the contract awarded, and if the bidder shall fail or neglect to execute the contract and give the bond required within six days after the award is made, in that case said sum mentioned in said check shall be deemed liquidated damages for such fail- lu-e and neglect, and shall be paid into the San Diego Harbor Improvement Fund, and all con- tracts made ])ursuant to this title shall provide, under penalties of forfeiture of contract, at the option of the Commissioners, that no Chinese or Mongolian labor shall be employed on the work. The right to construct, maintain, and operate I'ailways on said bulkheads, embankment, or sea- wall, shall vest absolutely in said Board of Har- bor Commissioners, to be operated by them with their own engines, and at such charges as they may see fit to make, but they shall give all rail- roads terminating at the Bay of San Diego equal facilities for bringing ship and car together; and as long as they have no engines of their own, they may hire such engines, or temporarily allow rail- road or other companies to move their cars with other suitable engines. § 2592. The Commissioners shall, on or before the first day of October, A. D. eighteen hundred and ninety, and every two years thereafter, make to the Governor a full report of all moneys by them received and disbursed, stating specifically for what the same was received and for what pur- poses expended, and shall give a concise account of all improvements made, and the general con- dition of the property under their charge. § 2593. In case the lines of the waterfront of the City of San Diego or of any city or town on the Bay of San Diego, or the lines of any of the streets of any city or town ending at said water line, shall be' changed by authority of this article, the Commissioners shall cause to be made two ac- curate maps of survey showing such change, which maps shall be dated, certified, and signed 543 Harbor Coramlssioners. §§ 2594-2596 by the Engineer of tbe Board and Commissioners, and one filed in the office of the Recorder of said county, and tlie other in tlie otHce of the Board. After being so filed, they shall be considered and treated as official maps by all the Courts of record in the State. § 2594. If any master, agent, or owner of any watercraft shall refuse or neglect to obey the law- ful orders or directions of the Chief Wharfinger in any matter pertaining to the regulations of said harbor, or the removal, or stationing of any watercraft, such master, agent, or owner so re- fusing or neglecting is guilty of a misdemeanor, and upon conviction thereof, before any Court o^" competent jurisdiction, shall be punisned by a fine not to exceed three hundred dollars, or by impris- onment not to exceed one hundred days in the jail of the City of San Diego. § 2595. All persons are forbidden to deposit or cause to be deposited in the waters of the harbor of San Diego, as described in the preceding sec- tions, any substance that will sinl^^ and form an obstruction to navigation, witlaout first obtaining permission in writing of the Board of State Har- bor Commissioners, which permission shall de- scribe, with an ordinary degree of certainty, the place where such deposit may be made, and the Secretary of the Board shall record such permis- sion. Any person violating the prohibition con- tained in this section is guilty of a misdemeanor, and upon conviction thereof, before a Court of competent jurisdiction, shall be fined not less than one hundred or more tlian five hundred dol- lars, or imprisoned in tlie jail of the City of Sar Diego not less than thirty nor more than ninety days. § 2596. It shall not be lawful for any person to drive a liorse, or mule, or any vehicle drawn by one or more liorses or mules, used in the removal of merchandise, upon any wharf, pier, quay, land- ing, or thoroughfare, faster than a walk. Any person violating the prohibition in this section con- tained is guilty of a misdemeanor, and upon con- viction thereof in any Court of competent jurisdic- tion. shnll be fined not less tlian twenty dollars, or imprisoned in the jail of tlie City of San Diego not less than ten days. §§ 2597-2603 Harbor Commissioners. 544 § 2597. The Police Court of the City of San Diego shall have jurisdiction to try all cases of misdemeanor arising under this article. § 2598. No person shall be appointed to any office by virtue of this article, nor be employed in the service of tlie Board, unless he be a qualified elector of the State; nor shall any person be so appointefl or employed who is interested in any vessel sailing or plying in and out of, or on the inland waters of the Bay of San Diego, as owner, mortgagee, or otherwise, or as a stockholder in any company owning such vessels, or who is the consignee, the general or freight agent, or man- ager of any such vessels, or agent or other em- ployee of the owner of any such vessels, or who is engaged in the business of marine insurance, or of procuring such insurance, or who is engaged as a stevedore in loading and discharging such ves- sels. No person not a citizen of tlie United States shall be employed either as a contractor or laborer on any worli done under this article. § 2599. All official bonds required to be given, by authority of this article, shall be to the people of the State of California. § 2600. The Board of State Harbor Commis- sioners for the Bay of San Diego shall procure and adopt a seal. § 2601. No tolls or wharfage shall be collected fi'om travelers going on board or leaving any steamer or ferry, or upon their carriages or bag- gage, nor from any person or vehicle employed to transport or convey said baggage to or from any steamer or ferry, nor for empty packages return- ed to tlie wharf or any vessel; nor for domestic supplies for private individuals, intended for con- sumption and not for sale, weighing less than one hundred pounds. § 2602. The revenue collected and disbursed by authority of this article shall be gold and silver coin of the United States. § 2603. It is hereby made the duty of the Board of Police Commissioners of the City of San Diego to appoint such number of Wharfingers and Toll Collectors, special policemen, as such Com- 545 Harbor Commissioners. § 2604 missioners shall request in writing, such Police Commissioners to appoint, and also shall furnish such special policemen the usual badge of office, Avhich shall be paid for by the Commissioners; such appointments must be renewed once in each year. The jurisdiction of such special policemen shall be coextensive with the premises described in this article, and tlieir terms of office as such Whartingers and Toll Collectors. § 2604. Wharfage or merchandise must be paid by and collected directly from the master, owner, or consignee of vessel, and the owner, agent, or manager of railroad cars using or pass- ing over the wharves or other landing places, and the Board must, as soon as practicable, adopt proper regulations for putting such mode of col- lection into effect; and thereafter no tolls must be collected by the load or vehicle, or merchandise passing on or off the wharves or other landing places; provided, the wharfage or merchandise to and from ferryboats, other than those transport- ing railroad cars, may be collected in such mode as the Board may direct, the master, owner, or consignee of every vessel, and the ownei", agent, or manager of every railroad car using or passing over any wharf or landing place, must deliver to the Wharfinger, or other officer of the Board, on its arrival, and before commencing to discharge, after receiving its cargo or load, and before its departure, a full and correct statement of the quantity of merchandise intended to be discharged fi'om, or which has been received by, such vessel or car, and must pay to said Wharfinger, or other officer of the Board, the amount of wharfage due on said merchandise. In case any person shall neglect or refuse to deliver such statement, or shall willfully malie a false statement, he shall be deemed guilty of a misdemeanor, and, on con- viction, shall be fined not exceeding one hundred dollars, or imprisonment not exceeding one hun- dred days, or by both such fine and imprisonment. In case no such statement be delivered, or pay- ment of the wharfage be not so made, the vessel or car may be removed by the Wharfinger from the wharf, or other landing place, at the expense of the master, OAvner, or consignee of such vessel, or owner or agent or manager of such car, and may be excluded from all the wharves or other § 2004 Harbor Commissioners. 546 laudjug places until such statement is delivered, ur payment is made. In case the master, owner, or consignee of any vessel, or the owner, agent, or manager of any railroad car using or passing over any wharf or other landing place, shall discharge or allow to be discharged from such vessel or car any part of its cargo or load before the amount of wharfage due thereon has been fully paid, or shall receive or allow to be received on such ves- sel or car any part of its cargo or load before the deposit or guaranty hereinafter provided is made or given, he shall be deemed guilty of a misde- meanor, and on conviction thei-eof, shall be fined not exceeding five hundred dollars, or imprison- ment not exceeding one hundred days, or by both siicli fine and imprisonment. The several Wharfin- gers are authorized and empowered to make ar- rests without warrants in all cases of misde- meanor herein stated, and are hereby made peace otficers for that purpose; and the Police Judge's Court of the City of San Diego shall have juris- diction of such cases. The moneys received on nccouut of fines must be paid to the Board of Har- liur Commissioners; provided, that any person so arrested, may. at the discretion of the Board, be discharged at any time before trial on his delivery of the statement and making payment of the wharfage as required herein, together with all costs of such arrest and prosecution. The Board may by written permits, release parties from the obligation to deliver the statement or pay the wharfage at the times herein stated; provided, that before any part of the cargo or load of such vessel or car is discharged or received, a deposit be made with the said Board sufiicient to pay the wharfage on the merchandise intended to be dis- charged, or received, or a proper and sufficient guaranty or obligation in writing be given to them that the said statement will be delivered, and payment of the wharfage be made before sucli vessel or car sliall depart from its wharf or other landing place, or at such other time as stated in such guaranty or obligation. Such guaranty shall be deemed an original obligation on the part of tlie guarantor, and no other consideration there- for need exist or be expressed than the acceptance of said permit. Nothing in this section shall be deemed to divert the lien on merchandise for its wliarfage, as provided in section two thousand five hundred and twenty-four of the Political Code. 547 Harbor Commissioners. §§ 2605-2607 § 2605. Whenever tlie Board of State Harbor Commissioners for San Diego shall have located a line for a harbor, embanliment or seawall for any part of the liarbor, as provided iu section two thousand live hundred and eighty-nine, they shall malve a plan and plat of all the lands of the State included between the said embankment and shoi'e line of the bay, and file a copy of the same with the Recorder of the County of San Diego. The Commissioners shall have the right to lease said lauds under such established rules and regula- tions as they may adopt and publish. But no lease shall be made or be valid for a term of more than ten years, nor shall .any leases be made or be valid except made to the highest bidder, at pub- lic auction, after notice has been given in the offi- cial newspaper of the city, daily, for at least thir- ty days prior to said auction. And all leases shall provide for the payment of monthly rentals; and that the lessee or his assigns sliall not use said lands in any manner to decrease the amount of the tidal Avaters of the bay; and shall also provide for the forfeiture of said leases upon non-fulfillment of any of the covenants in said leases. No por- tion of said lands shall be leased in one lease in quantity to exceed one acre, nor shall the leases of more than three acres in quantity of said lands be sold at any one public auction. All funds de- rived from said leases shall be reported to and paid out from the State Treasury, as provided in section two thousand five hundred and eighty-four. § 2606. No special privilege or franchise grant- ed within the City of San Diego by the Commis- sioners to any person or corporation to use any of I he lauds of the State, or tlie extended streets pro- vided for by section two thousand five hundred and eighty, sliall be valid until the same be rati- fied and confirmed l)y ordinance of the Comiiion Council of the City of San Diego. § 2607. The monthly salaries of the officers shall be as follows: Each of the three commis- sioners, twenty-five dollars; the secretary, who shall be elected by the commissioners from their own number, one'huudred dollars, in addition to his salary as commissioner. The salaries and compensation of all otlier officers and employees. when appointed, shall be fixed by a majority of § 2G08 Harbor Commissioners. 548 the board of harbor commissioners, and all sala- ries shall be paid monthly on warrants drawn on the San Diego harbor improvement fund, and shall be signed by the president and secretary of the board; provided, that in no event shall the State be liable for the salaries of the members of said board of commissioners, or of the secretary thereof, or for the salary, or compensation of any officer or employee elected or appointed by said board, or upon any contract made or entered into by said board. And it is hereby expressly pro- vided that said board of commissioners shall not create any liability or indebtedness against the State in any manner or form whatsoever, and any liability or indebtedness so created, or attempted to be created, shall be absolutely null and void. [Amendment approved March 10, 1891; Stats. 1891, p. 69. In effect immediately.] § 2608. The Attorney General of the State must give such legal advice and render such le- gal services as may, from time to time, be re- quired of him by the Commissioners, in connec- tion with their duties, without further compen- sation. 549 Highways. §§ 2618,2619 CHAPTER II. HIGHWAYS. Reconstructed by act approved February 28, 1883, in accordance with article IV, section 25, subdivision 7, of tlie Constitution: See note follovs^- ing section 2744. Article I. Enumeration of Higliways. II. Rules and Restrictions respecting the use of Higliways. III. Powers and Duties of Highway OflBcers. IV. Highway Taxes. V. Performance of Highway Labor and Commu- tation. VI. Laying Out, Altering, and Discontinuing Roads. VII. Erection and Maintenance of Bridges. VIII. Obstructions and Injuries to Highways. ARTICLE I. ENUMERATION OF HIGHWAYS. § 2618. What are highways. S 2619. Origin of highways. g 2620. Width of highways. § 2621. Vacation of highways. § 2622. Record of proceedings relating to roads and Ligh- ways. § 2623. Title to roads. § 2618. In all counties of this State public highways are roads, streets, alleys, lanes, courts, places, trails, and bridges, laid out or erected as such by the public, or if laid out or erected by others, dedicated or abandoned to the public, or made such in actions for tlie partition of real property. Abandonment of toll road: Sec. 2799. Various acts relating to highways: See General Laws, title "Highways." § 2619. Whenever the franchise for any toll- bridge, trail, turnpilie, planli or common wagon road has expired by limitation or non-user, such bridge, trail, turnpilie, planlc or common wagon road becomes a free public higliway; and no claim shall be valid against tlie public for right of way, or for the land or material comprising such bridge. §§ 2620-2623 Highways. 550 trail, turnpike, plank, or common wagon road. All public hip-liways. once established, shall continue to be public highways until abandoned by order of the Board of Supervisors of the county in which they are situated, or by operation of law, or judg- ment of a court of competent jurisdiction. § 2620. The width of all public highways, ex- cept bridges, alleys, and lanes, and trails, shall be at least forty feet. The width of all private high- ways and by-roads, except bridges, shall be at least twenty feet; provided, however, that noth- ing in this act shall be so construed as to increase or diminish the width of either kind of highways already established or used as such. § 2621. A road laid out and worked, and used as provided in this chapter, shall not be vacated or cease to be a highway until so ordered by the Board of Supervisors of tlie county in which said road may be located; and no route of travel used by one or more persons over another's land shall hereafter become a public road or byway by use, or until so declared by the Board of Supervisors or by dedication by the owner of the land affected. § 2622. The Clerk of the Board of Supervisors sliall include in the minutes of the Board of Su- pervisors all proceedings of the Board relative to each road or road district, including orders for laying out, altering, and opening roads; he must also keep a Road Register, in which must be en- tered the number and name of each public high- way in the county, a sreneral reference to its ter- minal points and course, also the date of the filing of the petition or other papers, a memorandum of every subsequent proceeding in reference to it, with the date thereof, and the folio, and the vol- ume of the minute booli where it is recorded. § 2623. Any road laid out by the Board of Su- pervisors as provided in this chaptei*. or used and worked as therein provided, shall not be vacated or cease to be a highway until so ordered by said board; and each county shall be deemed to have acquired title to any road opened over any land in conformity to any order made by Its board of su- pervisors pursuant to this chapter after one year shall have elapsed from the time of making the order opening the road. [New section added April 6, 1891; Stats. 1801. p. 508.] 551 Highways. §§ 2631-2633 ARTICLE II. RULES AND RESTRICTIONS RESPECTING THE USE OP HIGHWAYS. § 2331. The public easement. § 2632. Adjoining owner may construct sidewalk. § 2633. May plant trees. § 2631. By taking or accepting land for a high- way, the public acquire only the right of way, and the iucidents necessary to enjoying and maintain- ing tlie same, subject to the regulations in this and the Civil Code provided. Various acts relating to liighways: See General Laws, title "Highways." § 2632. Any owner or .occupant of land may construct a sidewalli on the highway along the line of his land, subject, however, to the authority conferred bj^ law on the Board of Supervisors and the Commissioners of Highways; aud any person using such sidewalli with mule, horse, or team, without permission of the owner, is liable to such owner or occupant in the sum of five dollars for each trespass, and for all damages suffered there- by. § 2633. Any owner or occupant of land adjoin- ing a highway not less than three rods wide, may plant trees in and along said highway on the side contiguous to his land. They must be set in regu- lar rows, at a distance of at least twenty feet from each other, and not more than six feet from the boundary of the highway. If the highway is more than eighty feet wide, the row must not be less than six nor more than twelve feet from the boun- dary of the highway. Whoever willfully injures any of them is liable to the owner or to the occu- pant for the damage which is thereby sustained; provided, if, in the judgment of the Board of Su- pervisors, tlie whole width of such road is needed for use for highway purposes, the whole thereof may be so used. [Amendment approved March 9. 1893; Stats. 1893, p. 113. In effect immediately.] §§ 2641-2643 Highways. 552 ARTICLE HI. POWERS AND DUTIES OP HIGHWAY OFFICERS. § 2643. Road districts. § 2642. Road Overseers. § 2643. Duties of Supervisors respecting roads. § 2644. Overseers to give bond and take oath. § 2645. Duties of Road Overseer. § 2646. Repealed. § 2641. The Board of Supervisors of the sev- f'val counties sliall divide their respective counties into suitable road districts, and may change tlie boundaries thereof, and each Supervisor shall be ex officio road commissioner in his supervisor dis- trict, and shall see tliat all orders of the board of supervisors pertaining to the roads in his district are properly executed; provided, when in any county the members of the Board of Supervisors thereof are not elected by districts, it shall be the duty of such board, by proper order, to be en- tered in its records, to divide such county into su- pervisor districts to correspond with the number of members of such board, and to assign to each member thereof one of such districts, of which he sliall be such road commissioner; when not other- wise provided by law, he shall receive for his ser- vices as such road commissioner twenty cents per mile, one way. for all distances actually traveled by him in the performance of his duties; provided, that he shall not, in any one year, receive more than three hundred dollars. [Amendment ap- proved March 9, 1893; Stats. 1893, p. 113. In ef- fect immediately.] This section was also amended in 1891: Stats. 1891, p. 474. § 2642. From and after the Monday following the first day of January, A. D. eighteen hundred and ninety-three, the office of road overseer shall be abolished; provided, that whenever in this code the words "road overseer" occur, they shall be taken and construed so as to read road commis- sioner. [Amendment approved March 31. 1891; Stats. 1891, p. 474. In effect after the Monday fol- lowing the first day of January, 1893.] § 2643. The Boards of Supervisors of the sev- 553 Highways. § 2643 eral counties of the State shall have general su- pervision over the roads within their respective counties. They must, by proper order: 1. Cause to be surveyed, viewed, laid out, re- corded, opened, and worked, such highways as are necessary to public convenience, as in this chap- ter provided; 2. Cause to be recorded as highways all high- ways which have become such by usage, dedica- tion, or abandonment to the public, or by any other means provided by law, and to prepare and record proper deeds and titles thereto; 3. Abolish or abandon such as are not neces- sary; 4. Acquire the right of way over private prop- erty for the use of public highways, and for that purpose require the District Attorney to institute proceedings under title seven, part three, of the Code of Civil Procedure, and to pay therefor from the general road fund, or the district road fund of the county; 5. Levy a property tax for road purposes; 6. Cause to be erected and maintained, at the intersections and crossings of highways, guide- posts, properly inscribed; 7. Cause the road tax collected each year to be apportioned to the several road districts entitled thereto, and kept by the County Treasurer in sep- arate funds; 8. Audit all claims on the funds set apart for highway purposes, and specify the fund or funds from which the whole or any part of any claim or claims must be paid; 9. In their discretion, they may provide for the establishment of gates on the public higliways in certain cases, to avoid the necessity of building i-oad fences, and prescribe rules and regulations for closing the same, and penalties for violating said rules; provided, that the expense for the erec- tion and maintenance of such gates shall in all cases be borne by the party or parties for whose immediate benefit the same shall be ordered; 10. For the purpose of watering roads in any part of the county, the Board of Supervisors may erect and maintain waterworks, and for such pur- pose may purchase or lease real or personal prop- erty. The costs for such waterworks and the wa- tering of said roads may be charged to the general Pol. Code— 47. § 2643 Highways. 554 county fund, the general road fund, or the dis- trict fund of the district or districts benefited; 11. Whenever it shall be determined that any grading, graveling, macadamizing, ditching, sprinliting, or other worli upon highways is neces- sary, and is to be done, and where the estimated cost of sucli worlv amounts to three hundred dol- lars, the Board of Supervisors must, by proper order, direct tlie County Surveyor to malie definite surveys of tlie proposed worli, and to prepare pro- files and cross-sections thereof, and to submit the same, with tlie estimate of the amount or amounts of worlv to be done, and the cost thereof, and with specifications therefor. Said report shall be pre- pared in duplicate, one copy to be filed in the sur- veyor's ofiice, and the other to be filed with the clerlv of the Board of Supervisors. The Board, upon receipt of such report, must advertise for bids for the performance of the worl^ specified. Such advertisement for bids must be published for two weelvs in two newspapers, one published at the county seat and the other at a point nearest the proposed work. Sucii advertisement must be in the following form: "Office of the Clerli of the Board of Supervisors, County, , 189—. "Seale^l bids will be received by the clerlv of the Board of Supervisors of County, at his office. until o'clock, — M., , 189—, for • , on , in District, in County. "Specifications for this work are on file in the oflice of the said board, to which bidders are here- by referred. , "Clerk of the Board of Supervisors of the County of ." And such advertisement must also be posted, for at least two weeks prior to the opening of the bids for the ]3roposed work, in three conspicuous places in the district or districts in which the proposed work lies, and one at the site of the proposed work. Bids must be inclosed in a sealed envelope, addressed to the clerk of the Board of Supervisors. and must be indorsed, "Bids for ," and must be delivered to said clerk prior to the hour speci- fied in the advertisement. The board shall pub- licly open and read such bids as may be submit- ted, and must award the contract for the work to 555 Highways. § 2644 the lowest bidder; unless it shall appear to the board that the bids are too high, and the work can be done more cheaply by day labor, in which case the bids must be rejected, and the worli ordered done by the road commissioner or commissioners in whose district or districts the worli may be sit- uated. In ease the worli shall be let by contract, monthly or quarterly payments may be made thereon, upon the receipt of a certified estimate by the County Surveyor of the amount of work done during the preceding month or quarter, to the ex- tent of seventy-five per cent of the value of said work, the remaining twenty-five per cent being due on the completion of the work. The services of tlie surveyor in making such partial estimates must be paid for by the contractor. Upon the completion of the work the County Surveyor must examine the same, and if completed in accordance with the specifications therefor, he must submit to the Board of Supervisors a certificate, over his signature and oflicial seal to the effect that such work by the contractor therefor has been com- pleted in accordance with tlie specifications there- for, and recommending its acceptance. The board shall thereupon audit the same, and direct its pay- ment out of the proper fund or funds. 12. In their discretion they may set apart on any public road or highway, a strip of land not ex- ceeding six feet in width for a side path; and make an order, designating the widtli of such path, and cause the line separating the path from the road to be located and marked by stakes or posts placed at such distances apart as they shall deem proper. Aftef s.Tid path lias been set apart and the line separating the same from the road has been lo- cated and marked, as aforesaid, the use of same is hereby restricted to pedestrians and riders of bi- cycles and other, vehicles propelled solely by the power of tlie rider. The expense of erecting and maintaining such path may be charged to the gen- eral county fund, tlie general road fund, and the district fund of the distrir-t or districts benefited. [Amendment approved March 31, 1897; Amend- ments 1S97, chap, clxxxvi. In eflect immediately.] § 2644. No claim for labor performed in any road district shall be allowed by the Board of Su- pervisors unless the same be accompanied by a §§ 2645,2646 Highways. 556 report showing where the labor was performed, the nature of the same, and the number of ani- mals, and the kind of implements used. But if said labor shall be performed under the direction of a foreman or timelieeper, said foreman's or timekeeper's report shall cover all work perform- ed under his direction, and shall be sufficient to warrant the payment of all claims for labor so performed. The Board of Supervisors shall have power, and it is hereby made its duty, to pre- scribe rules and blank forms, not inconsistent with the laws of this State, for the making of the reports herein required. [New section approved March 31, 1897: Amendments 1897, chap, clxxvii. In effect July 1, 1897.] § 2645. Road commissioners, under the direc- tion and supervision and pursuant to orders of the Board of Supervisors, must— 1. Take charge of the highways within their respective districts, and shall employ all men. teams, watering carts, and all help necessary to do the work in their respective districts when the same is not let by contract; provided, that no road commissioners shall be interested, directly or indi- rectly, in any contract or work to be done in the road district under his charge and control. 2. Keep them clear from obstructions, and in good repair, and destroy, or cause to be destroy- ed, at least once a year, all thistles. Mexican cockleburs, of any kind, and all noxious weeds, growing or being on any portion of the public highways or public roads in tlieir respective dis- tricts. 3. Cause banks to be graded, bridges and cause- ways to be made when necessary, keep the same in good repair, and renew them when destroyed. [Amendment approved March 9. 1893; Stats. 1893, p. 115. In effect immediately.] Tliis section Avas also amended at the session of 1891: Stats. 1891, p. 476. Department of highways: See Gener.nl Laws, title "Highways." Bureau of highways: See General Laws, title "Highways." § 2646. [Repealed, Stats. 1893, p. 114. In ef- fect immediately.] The section above repealed was amended in 1891 (Stats. 1891, p. 477). 557 Highways. § 2651 ARTICLE IV. HIGHWAY TAXES. § 2651. General road fund. § 2652. Road poll tax. § 2653. Property highway tax. § 2654. Assessment and collection of property highway tax. § 2655. Taxes, to be expended in districts. § 2651. The Board of Supervisors may annual- ly set apart from the property road tax collected from all sources a sum not exceeding thirty-five per cent of the aggregate, for general county road purposes, to be known as the General Road Fund of the county; from which fund so set apart they may direct such amounts to be paid as may be found necessary for sucli general county road pur- poses in which the inhabitants of all the districts within the county are more or less interested, or to assist weak or impoverished districts in keep- ing their roads in repair, to be applied as the said Board may order or direct; provided, that the Boards of Supervisors in the several counties shall have no power to create a debt on any road dis- trict in excess of the estimated amount of re- ceipts from said district for the current year. 2. All contracts, authorizations, allowances, payments, and liabilities to pay, made or attempt- ed to be made in violation of this act, shall be ab- solutely void, and shall never be the foundation or basis of a claim against the treasury of such coun- ty. And all officers of said county are charged with notice of the condition of the treasury of said county, and the extent of the claims against the same. 3. All Supervisors, and any other officer au- thorizing or aiding to authorize, or auditing or allowing any claim or demand upon or against said treasury, or any fund thereof, in violation of any of the provisions of this act, shall be liable in person, and upon their several official bonds, to the person or persons damaged by such illegal au- thorization to the extent of his loss by reason of the non-payment of his claim. 4. The Treasurer paying any claim authorized, allowed, or audited in violation of this provision shall be liable on his official bond to refund the same to the County Treasury. §§ 2652,2653 Highways. 558 § 2652. The Board of Supervisors may, annu- ally, at any regular meeting held between the first days of JanuaiT and March of each year, levy on each male person over twenty-one and un- der fifty-five years of age found in each road dis- trict during the time for the collection of road poll taxes for that year, excepting all persons who were honorably discharged from service in the army or navy of the United States at any time witliiu the first day of April in the year of our Lord eighteen hundred and sixty-one, and the first day of September in the year of our Lord eigliteeu hundred and sixty-five, an annual road poll tax not exceeding three dollars; and from every such person not above excepted, in a road district, who has not paid the same in some other district, must be collected the amount of road poll tax so levied. Said road poll tax sliall be collect- ed by the county assessor in the same manner that State poll taxes are collected, and all remedies given 1)y law for the collection of State poll taxes shall apply to and be in force for the collection of road poll taxes. Road poll tax receipts, in blaulv, signed, and numbered in the same man- ner that other poll tax receipts are signed and numbered, shall be delivered by the auditor of the county to said county assessor on or before the first Monday of March of each year; and said as- sessor shall be charged with the amount of such road poll tax receipts delivered to him, and be credited with those returned, and shall settle with the auditor, and pay over the amounts collecte*!, in the manner provided by section thirty-eight hundred and fifty-three of tJiis code. A sum not exceeding thirty-five per cent of all road poll taxes so collected may be apportioned to the general road fund, and the balance shall be apportioned to the several districts of the coimty fi-om which said road poll tax was collected. [Amendment ap- proved March 31, 1891; Stats. 1891. p. 478. In ef- fect after the iSIoudav following the first day of January, 1893.] § 2653. The Board of Supervisors must each year, at the meeting at which they are required to levy the property tax for county purposes, esti- mate the pr()l)aijle amount of property tax for highway purposes which may be necessary for the ensuing year, over and above the road tax, and 559 Highways. §§ 2654-2671 must regulate and fix the amount of property highway tax, and levy the same thereby; pro- vided, that said property tax for highway pur- poses shall not exceed the sum of forty cents upon each one hundred dollars of assessable property in any one year. § 2654. The annual property tax for road pur- poses must be levied by the Board of Supervisors at their session when the tax is by them levied for county purposes. This property road tax, when levied, must be annually assessed and collected by the same officers and in the same manner as other State and county taxes are levied, assessed, and collected, and turned over to the County Treasurer for the use of the road districts from which it is respectively collected. § 2655. All property road tax and road poll tax collected in each road district shall be expend- ed for road pui-poses within the district in which it is collected, subject to the provisions of sec- tions two thousand six hundred and fifty-one and two thousand six hundred and fifty-two. ARTICLE V. PERFORMANCE OF HIGHWAY LABOR AND COMMU- TATION. § 2671. Employers responsible for road taxes assessed against employees. § 2671. Corporations, or other employers of persons in any road district subject to road tax, are chargeable for the road poll tax assessed against their employees to tlie extent of any cred- it in their hands not exceeding such tax; pro- vided, the Road Overseer shall first give notice to such employer, or the managing agent of stich corporation, and from the time of sucli notice, the amount of any credit in his hands, or that shall thereafter accrue sufficient to satisfy said tax, shall be paid to the Road Tax Collector, whose re- ceipt shall be evidence in bar of the prosecution of any action by the employee against the princi- pal for the recovery of the same. §§2681,2682 Highways. " 560 ARTICLE VI. LAYING OUT, ALTERING, AND DISCONTINUING ROADS. § 2681. Who may apply for changes. § 2682. Petition. § 2383. Bond. § 2684. Viewers. § 2685. Duties of Viewers. § 2686. Report of Viewers. § 2687. Viewers and Surveyors, how paid. § 2688. Proceedings of Board in hearing report. § 2689. Effect of, and proceedings on approval of report. § 2690. Proceedings to procure right of way. § 2691. Payment of awards and expenses. § 2692. Private roads, how opened. § 2693. Record of transfer of right of way. § 2694. Roads crossing railroads, canals, and ditches. § 2695. Fences to be removed, how. § 2696. Acquiring land. § 2681. Any ten freeholders vrho will be ac- commodated by the proposed road, two of whom must be i-esidents of the road district wherein any part of the proposed road is situated, and who are taxable therein for road purposes, may petition, in writing, the board of supervisors to alter or discontinue any road, or to lay out a new road therein; provided, that when a road is peti- tioned for upon the dividing line between two counties, the same course shall be pursued as in other cases, except that a copy of the petition shall be presented to the Board of Supervisors of each county, who shall appoint viewers, to act jointly, and report to their respective boards the action of such viewers; provided, further, that all such roads shall be at least forty feet wide. [Amendment approved March 10, 1891; Stats. 1891, p. G4.] § 2682. The petition must set forth the gen- eral route of the road to be abandoned, discontin- ued, altered, laid out, or constructed, and the names of the persons over Avhose land the same is to run, if linown, and if not linown, that fact must be stated. [Amendment approved April 6. 1891; Stats. 1891, p. 509. In effect immediately.] 561 Hio:hways. §§ 2683-2686 § 2683. The petitioners must accompany the petition witli a good and sufficient bond, to be ap- proved by the Board of Supervisors, in double the amount of the probable cost of the viewing and laying out or altering of any road, conditioned that the bondsmen will pay all the costs of view- ing and surveying in case the prayer is not granted. Viewing and surveying: See sec. 2686, subdi- vision 6. § 2684. Upon filing such petition and bond, the Board of Supervisors may, if they deem it ad- visable, appoint three viewers, one of whom must be a surveyor, to view and survey any proposed alteration of an old or opening of a new road, and submit to the board an estimate of the change, alteration, or opening, including the purchase of the right of way, and their views of the necessity thereof. [Amendment approved March 9, 1893; Stats. 1893, p. 100; in effect immediately.] This section was also amended in 1891: Stats. 1891, p. 65. § 2685. The road viewers must be disinterest- ed citizens of the county; but not petitioners. They must be sworn to discharge their duties faithful- ly, must view and lay out the proposed alterations or new road over the most practicable route, and in the performance of this duty they shall be required to make the proposed alterations or new road over the same lands mentioned in the peti- tion, but shall not be confined to any particular route indicated therein. The viewers must notify tlie resident owner or agent of the owner of the land over which it passes of the proposed route. A majority number of the viewers, providing one shall be a surveyor, shall be competent to act in all matters pertaining to their duties mentioned in this chapter. The Board of Supervisors, in mak- ing the order appointing viewers, may, in their discretion, direct said viewers to first view the proposed road, and if, in the opinion of the view ers, the road is impracticable, the said viewers shall discontinue further proceedings in the mat- ter, and report accordingly. [In effect March 17, 1887.] § 2686. When the view and survey of the pro- posed alteration or new road is completed, the §§ 2687,2688 Highways. 562 viewers must report to the Board of Supervisors— 1. Tlie course, termini, lengtli, and probable cost of construction of ttie proposed road. 2. The estimate of damage to the owner of any land over which it is proposed to run the road. 3. The names of land owners who consent to give the right of way, and tlieir written consent thereto. 4. The names of land owners who do not con- sent, and the amount of damage claimed by each; provided, that when there are non-resident land owners, and no agent upon the land upon whom notice can be served, such non-resident land own- ers shall be considered as non-consenting land owners, unless their written consent shall have been obtained. 5. Such other facts bearing upon the subject of importance to be known by the Board of Super- visors. 6. They may also, in their discretion, or by order of the Board of Supervisors, report upon the feasibility and cost of any other route than the one petitioned for which would subserve the same purposes; and also report as to the necessity of a greater or the practicability of a less width of road than petitioned for. § 2687. The viewers must be paid not to ex- ceed three dollars each per day for their services out of the road fund of the district through which the road passes, and the Surveyor shall receive a per diem not to exceed ten dollars for the time oc- cupied in running out and mapping the road, and making the plat and field notes, which must be filed before he. receives his compensation. § 2688. The Board of Supervisors at the next meeting after the filing of the report or at the time when the report is filed (if then in session), must fix a day for hearing tlie same, and must give notice to such non-consenting land-owners of the time and place of such hearing, by publication, for at least two successive weeks before such hearing, in a newspaper, to be designated by the board, publislied in the county; but if there be no newspaper published in the county, then by posting notices, one at a conspicuous place on the land, and one at the court house, at least two weeks before such hearing. Said notice shall in- 563 Highways. §§ 2689,2690 telligibly describe the road to be abandoned, dis- continued, altered, laid out, or constructed, and the lands over which the same is to run, and the names of the owners of such land when Ivuown, and if not known, that fact must be stilted. Tin- board must, on the day fixed for the hearing, or to which it may be postponed or continued, liear the evidence offered by parties interested for or against the proposed alterations or new road, and must ascertain and by order declare the amount of damage awarded to each non-consenting laud owner over whose land they shall order tlie road to be opened, whether known or unlinown, and de- clare the report of the viewers to be approved or rejected, in whole or in part. [Amendment ap- proved April 6, 1891; Stats. 1891, p. 509. In effect immediately.] Consenting owners: See sec. 2686, supra. § 2689. If the Board ai)prove the report, and tliere are no non-consenting land owners, the road must by oi'der be declared a public highway, and the same opened to the public. The Board, upon making eacli and every order establishing the lo- cation or alteration of any road or highway, shall order the amount of damages sustained by each and every person owning or claiming lands, or any improvements thereon or affected thereby, as finally fixed and assessed by them, to be set apart in the treasury out of the proper fund, to be paid to the proper owner or claimant if known, and to be kept for the proper claimant or owner if un- known, and to be paid to him or her upon showing or establishing their right or title to such innds r^v improvements; provided, that any person interest- ed in said road may place in the Treasury the whole or any part of the amount necessary to meet the demands made upon such fund by said orders of the Board. Any moneys so set apart as herein provided for, shall be returned to the person from whom or the fund from which it was taken or set apart, if not paid to or accepted by the proper owner or claimant. If the awards are all accepted, the road must be declared a pub- lic highway, and be opened as before provided. [In effect March 17, 1887.] § 2690. If any award of damages is not ac- cepted within ten days of the date of the award. §§ 2691,2692 Highways. 564 it sliall be deemed as rejected by tlie land owners. Tlie Board must by order direct proceedings to procure tlie right of way to be instituted by the District Attorney of the county, under and as provided in title seven, part three, of the Code of Civil Procedure, against all non-accepting land owners, and when thereunder the right of way is procured the road must be declared a public high- waj', and opened as herein provided. In such suit no informality in the proceedings of the Board shall vitiate said suit, but the said order of the Board 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 inde- pendent of said proceedings before said Board. [In effect March 17, 1887.] Notification of owners: See sec. 2688, supra. Eminent domain, generally: See Code Civ. Proc, sees. 1237 et seq. § 2691. All awards by agreement, ascertain- ment by the board or the proper court, and all expenses of viewing, laying out, or altering any road, must be paid out of the road fund of the district, except that which may be paid by inter- ested parties on the order of the Board of Su- pervisors, and except also that whenever it ap- pears to the Board of Supervisors that any road district would be unreasonably burdened by the payment of such awards and expenses, the board of supervisors, by a two-thirds vote, may cause a portion of such awards and expenses to be paid from the general road fund; provided, however, that not to exceed ten per cent of the general road fund shall be devoted to such purposes in any one fiscal year. If the road lies in more than one dis- trict, the supervisors must proportionately divide the awards and other costs between said districts; provided, however, that when money is paid out by any interested person the same may be given to the credit of either fund, at the discretion of the board. [Amendment approved February 27, 1893; Stats. 1893, p. 53. In effect immediately.] § 2692. Private or by roads may be opened, laid out, or altered for the convenience of one or more residents or freeholders of any road district 5G5 Highways. §§ 2G93-2G95 in the same manner as public roads are opened, laid out, or altered, except that only one peti- tioner shall be necessarj% who must be either a resident or freeholder in said road district; and the Board of Supervisors may for lilie cause or- der the same to be viewed, opened, laid out, or al- • tered, the person for whose benefit said road is re- quired paying the damages awarded to land own- ers, and lieeping the same in repair; provided, that the petitioners must accompany the petition with the bond mentioned in section two tliousaud six hundred and eighty-three, conditioned as pro- vided in said section, and with a further condi- tion that the bondsmen will pay to the person over whose land said road is sought to be opened his necessary costs and disbursements in contest- ing the opening of such road, in case the petition bo not granted, and the road finally not opened; provided, that all private roads opened or laid out under the provisions of this act shall be upon sec- tion or half-section lines wherever practicable. § 2693. In all cases where consent to use the right of way for a highway is voluntarily given, purchased, or condemned, and paid for, either an instrument in writing conveying tlie right of way and incidents thereto, signed and acknowledged by the party making it, or a certified copy of the decree of the Court condemning the same, must be made and filed and recorded in the office of the Recorder of the county, in whicli the land so conveyed or condemned must be particularly de- scribed. § 2694. Whenever highways are laid out to cross railroads, canals, or ditches, on public lands, the owners or corporations using the same must, at their own expense, so px-epare their roads, ca- nals, or ditches, that the public highway may cross the same without danger or delay. And when the right of way for a public highway is " obtained through the judgment of any Court over any i-ailroad, canal, or ditch, no damages must be awarded for the simple right to cross the same. § 2695. When the alteration of an old or the opening of a new I'oad malidder. 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 structures, of wliatever na- ture, without notice. Bridges crossing the line between counties must be constructed by the counties into which such l)ridges reach, and each of the counties into which any such bridge reaches shall pay sucli portion of the cost of such liridge as shall have been previously agreed upon by the Boards of Supervisors of said counties. Acts relating to construction of bridges: See General Laws, title "Bridges." § 2714. If the Road Overseer of one district, after five days' notice from the overseer of an ad- §§ 2715,2716 Highways. 5GS joining clistrict to aid in tlie repair of a bridge in whicli each are interested, fails so to aid, the one giving notice may malie the necessary repairs, and must be allowed a pro rata compensation therefor by the Board of Supervisors out of the lioad Fund of the defaulting district. Bridges crossing the line between cities and towns and road districts must be constructed and maintain- ed, and the expenses thereof borne equally by the cities or towns from the Road Fund of the road districts into which such bridges reach. § 2715. If the overseer of any road district, chargeable with the repair of a bridge, fails to malie the needed repairs, after being informed that a bridge is impassable or unsafe, and is re- quested to make the same by two or more free- holders of the district in which it is situate, or the two districts which it unites, the freeholders may represent the facts to the Board of Supervisors, who, upon being satisfied that the bridge is un- safe, must cause the same to be repaired, and must pay therefor from the funds of the district chargeable therewith, or. if deemed necessary, from the General Road Fund. § 2716. The Supervisors may appoint, semi- annually, a special meeting, at which the Road Overseers, on days set apart for their respective districts, must be present; and at such special meetings so appointed the Supervisors must hear highway and bridge reports and complaints from ofHcers and citizens; after which such orders must be made and such action had regarding the same as the public welfare demands. 569 Highways. §§ 2731-2734 ARTICLE VIII. OBSTRUCTIONS AND INJURIES TO HIGHWAYS. § 2731. Removal of encroachments. § 2732. Notice to remove encroachments. § 2733. Penalty for neglect. § 2734. If encroachment denied, action for nuisance. § 2735. If encroachment not denied, how removed. § 2736. Penalty for leaving open gates or riding off the road. § 2737. Penalty for obstruction or injury. § 2738. Penalty for injuring mile-stone or guide-post. § 2739. Removal of fallen trees. § 2740. Unauthorized felling of trees. § 2741. Notice on bridges and penalty for disregarding. § 2742. Destroying shade or ornamental trees. § 2743. Recovery and application of penalties and for- feitures. § 2744. Service of notice by puBlication on non-residents. § 2731. If any highway duly laid out or erect- ed is encroached upon by fences, buildings, or oth- erwise, the Koad Overseer of the district may, orally or in writing, require the encroachment to be removed from the highway. § 2732. Notice must be given to the occupant or owner of the land, or person causing or owning the encroachment, or left at his place of residence if he be known to the person giving such notice and reside in the county, if not, it must be posted on the encroachment, specifying the breadth of the highway, the place and extent of the encroach- ment, and requiring him to remove the same with- in ten days. § 2733. If the encroachment is not removed, or commenced to be removed and diligently prose- cuted, prior to the expiration of the ten days from the service or po.sting the notice, the one who caused, owns, or controls the encroachment for- feits ten dollars for each day the same continues unremoved. If the encroachment is such as to ef- fectually obstruct and prevent the use of the road for vehicles, the Overseer must fortliwith remove the same. § 2734. If the encroachment is denied, and the owner, occupant, or person controlling the mat- §§ 2735-2737 Highways. 570 tcr or thins: eiiarged with being an encroachment refuses either to remove or permit the removal thereof, the Road Overseer must commence in the proper Court an action to abate the same as a nuisance; and if he recovers judgment, he may, in addition to having the same abated, recover ten dollars for every day such nuisance remained af- ter notice, and also his costs in said action. Action to abate nuisance: Code Civ. Proc, sec. 731; Nuisance, Civ. Code, sees. 3479-3503; Penal Code, sees. 370-374. § 2735. If the encroachment is not denied, but is not removed for Ave days after the notice is complete, tlie Road Overseer may remove the same at the expense of the owner, occupant, or person controlling the same, and recover his costs and expenses, as also for each day the same remained after notice was complete, the sum of ten dollars, in an action for that pui-pose. S 2736. No gates must be allowed on any pub- lic liighway except such as are allowed by the Board of Supervisors, in accordance with the pro- visions of subdivision eleven, section two thou- sand six hundred and forty-three, and when so allowed they must be maintained at the expense of the owner or occupant at whose request or for whose benefit they were erected. If such expense is not paid, the gate must be removed as an ob- struction. Any one who leaves open such gate, or willfully aiid unnecessarily rides over ground adjoining the road on which the gate is erected, forfeits to the injured party treble damages. § 2737. Whoever obstructs or injures any highway, or diverts any watercourse thereon, or drains water from his land upon any highway, to the injury tliereof, 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 Tenal Code. Any person, per- sons, or corporation who shall be storing or dis- tributing water for any purpose, and shall per- mit the water to overflow or saturate, by seep- age, any highway, to the injury thereof, shall, up- on notification of the road commissioner of the district where such overflow or seepage occurs, 571 Highways. § 2738 repair tlie damages occasioned by such overflow or seepage; and should such repair not be made witliin a reasonable time by such person, persons, or corporation, said road commissioners shall make such repairs, and recover the expense thereof from such person, persons, or corporation, in an action at law. All persons excavating irrigation, mining, or draining ditches across public high- ways shall be required to bridge said ditches at such crossings, and upon neglect to do so, the road commissioner for that road district shall construct the same and recover the cost of con- structing said bridge or bridges of such persons by action, as provided in this section; provided, that the Supervisors of any county may construct and maintain bridges over any and all ditches used exclusively for irrigation purposes, and which cross public highways in the county over which they have authority, and may, with the consent of the owners of such ditches, declare any and all such bridges to be public property, and maintain and lieep the same in repair at the ex- pense of such county. And whoever willfully in- jiu-es any public bridge is hereby declared to be guilty of a misdemeanor, and is also liable for actual damages for such injury, to be recoveretl by the county in a civil action; provided further, that every person who knowingly allows the car- cass of any dead animal (which animal belonged to him at the time of its death) to be pvit or to i-e- main within one hundred feet of any street, alley, public highAvay. or road in common use, and every pei'son who puts the carcass of anj^ dead animal within one hundred feet of any street, alley, high- way, or road in common use, or who shall deposit on any highway any refuse or waste tin, sheet- ii-on, or broken glass, is guilty of a misdemeanor. [Amendment, approved March 27, 1897; Amend- ments 1897. cli. clxi. In effect immediately.] § 2738. Whoever removes or injures any mile- board, or milestone, or guide-post, or any inscrip- tion on such, erected on any highway, is liable to a penalty of ten dollars for eveiT such offense, and punishable as provided in section five hun- dred and ninety of the Penal Code. It shall be the duty of the Board of Supervisors to cause guide-posts, witli suitable inscriptions thereon, to be erected at all road crossings and forks of roads outside of any corporate limits. §§ 2739-2744 Highways. 572 § 2739. Any person may notify tlie occupant or owner of any land from wtiich a tree or other obstruction has fallen upon any highway to re- move such tree or obstruction forthwith. If it is not so removed, the owner or occupant is liable to a penalty of one dollar for every day thereafter till it is removed, and the cost of removal. § 2740. Whoever cuts down a tree so that it falls into any highway must forthwith remove the same, and is liable to a penalty of ten dollars for every day the same remains in such highway. § 2741. Road Overseers must, when ordered by the Board of Supervisors so to do, put up on bridges under their charge notices that there is "five dollars fine for riding or driving on this bridge faster than a wallc." Whoever therejirter rides or drives faster than a walk on such bridge is liable to pay five dollars for each offense. § 2742. Whoever digs up, cuts down, or other- wise maliciously injures or destroys any shade or ornamental tree on any highway, unless the same is deemed an obstruction by the Road Over- seer, and removed under his direction, forfeits one hundred dollars for each such tree. Injuries to highways, etc. Penal Code, sec. 588. § 2743. All penalties or forfeitures given in this chapter, and not otherwise provided for, must be recovered by the Road Overseer or Commis- sioner of the respective road districts by suit in the name of the county in which said road district is situated, and be paid into the Road Fund of his district. § 2744. When notice is required to be served upon nonresident landowners under any of the provisions of this act, such notice shall be deemed to have been served by publication, as authorized by the Board of Supervisors; and for all purposes, nonresident landowners upon whom personal ser- vice cannot be made within the county shall be treated as nonconsenting land owners. The act reconstructing this chapter contained the following preliminary and closing sections: Section 1. Chapter two of title six of part three of an act of the Legislature of the State of Call- 573 Highways. § 2744 fornia, entitled "An Act to establish a Political Code," approved March 12, 1872, and each and erery section of said chapter two, are hereby re- pealed, and a new chapter two of title six of part three of said Political Code is hereby enacted and substituted in place of said repealed chapter, to read as follows: Sec. 2. All laws concerning roads and highways in conflict with this act, and all laws applicable to particular counties of this State concerning roads and highways, are hereby repealed; provid- ed, that any proceedings commenced before this act takes effect for the alteration, establishment, or abandonment of any road or highway, may be conducted under the provisions of the law under which said proceedings wei*e commenced; provid- ed further, that nothing herein contained shall be deemed to authorize the levy or collection of a road poll tax, or propertj^ road tax, within muni- cipalities existing under the laws of this State, wherein work and improvements upon the streets is done by virtue of any law relating to street work and improvements wathin such municipal- ity. Nor shall any such incorporated city or towns be by the Supervisors of the county includ- ed or embraced in any road district by them es- tablished under this act. [Approved February 28, 1883.] § 2779 Toll Roads. 574 CHAPTER III. TOLL ROADS. Article I. Construction of Toll Roads. 11. Use of Toll Roads, and Obstructions thereon. III. Inspection and Repairs. ARTICLE I. CONSTRUCTION OF TOLL ROADS. § 2779. Notice of and application to construct the road. § 2780. Special meeting of Supervisors. § 2781. Hearing the application. § 2782. Action of Supervisors. § 2783. Commissioners, how appointed for other counties. § 2784. Laying out the road. § 2785. Compensation of Commissioners, map and report. § 2786. Branches and extensions. § 2787. Acquiring lands by grant. § 2788. Appropriation of damages for highways taken. § 2789. Application, when unnecessary. S 2790. Orchards and gardens. § 2791. Bridging streams. § 2792. One road corporation using the roadbed of another. § 2793. How to be constructed. § 2794. May relay with what. § 2795. Milestones and posts. § 2793. Guide posts. § 2797. Inspection, certificate, and completion. i) 2798. Erection of gates, etc. § 2799. Abandonment of road, and what becomes of it. § 2800. County may purchase road, how. § 2801. Appraisement and award, how made. § 2779. If all lands necessary for the roadbed and other purposes are not otherwise acquired as hereinafter provided, the company pi-oposing to construct a toll road through any part of a coun- ty must publish a notice in some newspaper pub- lished therein, and if none, then in the newspaper nearest tliereto. once in eacli weelv for six succes- sive weelis, specifying the character of the road, the termini, and each town, city, or village through which it is proposed to construct it. and the time when the application hereinafter re- quired will be made. After such notice is com- plete, on the day specified therein, apulif-ition 575 Toll Roads. §§2780-2784 must be made to the Board of Supervisors of the couuty for authority to take the necessary land and to construct the road described in the notice. Basis of section— Stats. 1853, p. 169; 1870, p. 885. Wagon road corporations— taliing tolls: Civil Code, sec. 514 et seq. § 2780. On application therefor the President of the Board of Supervisors may call a special meeting to hear the application, ten days' notice thereof being served on each of the other Super- visors, either personally or by leaving it at his place of residence if absent; the expense of such special meeting and serving notices must be paid by the applicant. Basis of section: Stats. 1853, p. 114. § 2781. On the hearing all residents of the county and others interested may appear and be heard. The Board may take testimony, or author- ize it to be taken by any officer of the countj", and adjourn the hearing from time to time. § 2782. If it appears to the Board of Supervis- ors that the public interests will be promoted thereby, a majority of all the members thereof may grant the application, and by order author- ize the company to take the real property neces- sary, and appoint two Commissioners to lay out the road, who are disinterested either in the com- pany or in any land sought to be taken or adjoin- ing thereto. A copy of this order must be record- ed in the county clerk's office before action under it is had. Basis of section: Stats. 1853, p. 114. § 2783. If the route extends into more than one "county, the application must specify their names, and the Board of Supervisors of each of such counties must appoint Commissioners to act in their respective counties with the Commission- er and surveyor of the company. The company must appoint one commissioner of like qualifica- tion as those appointed by the Board of Supervis- ors, and furnish a surveyor to accompany and act with them. ' , , ! I « Basis of section: Stats. 1853, p. 114. § 2784. The Commissioners must take the oath of office, and view and lay out the road as in their §§ 2785-2788 Toll Roads. 576 .iudj^ment will best promote the public interest. They must hear all persons interested, and may take testimony; they may determine the breadth of the way, not exceeding one hundred feet, ex- cept where the company acquire a greater breadth by grant. They must make, sign, and certify an accurate survey and description of the route,' and of the land necessary for the road, buildings, and gates in each county, and record the same in the office of the County Clerk thereof. When the breadth of the road is not fixed by the Commis- sioners it may be fixed by the Commissioner of Highways or the Board of Supervisors of the county. Basis of section: Stats. 1853, p. 171; 1870, p. 885. § 2785. The company must pay to each Com- missioner his expenses and four dollars a day for his services; cause their surveyor to make the map of the proposed road, which, when approved and certified by the Commissioners, must be filed with the report in the office of the Clerk of the Board of Supervisors and recorded. § 2786. The Directors of any such company may, with the written consent of the holders of two-thirds of the stock, proceed in the manner pi'e- scribed by the preceding seven sections to con- struct branches to their ro;id, or to extend it or alter any part of its route or branches. § 2787. Lands necessary for the purposes of the road or appurtenances may be acquired by purchase or condemnation. Lands within any highway may be granted by the Board of Super- visors or town or city autliorities on such terms and for such sums as may be agreed upon. § 2788. When the road company desires the ex- clusive use of lands forming part of a highway, and such iise is granted by the Supervisors, the damages received therefor are to be paid to the Road Fund of the road district in which the same is situated. Basis of section: Stats. 1870. p. 886. Road company— collecting tolls: Civil Code, sec. 514 et seq. 577 Toll Roads. §§ 2789-2793 § 2789. When the company has obtained all the lands necessary in any county, by purchase or agreement, the road may be constructed with- out making tlie application to the Board of Super- visors hereinbefore provided for; but before pro- ceeding to do so, an accurate survey of such part of the road must be made by a practical surveyor, signed and sworn to by the President and Secre- tary, and recorded in the County Clerli's office; and if the road extends into another county, au- thority to construct the road there must be first obtained. Basis of section: Stats. 1870, p. 886. § 2790. No such road must be laid out through any orchard of four years" growth, to the injury of the fruit trees, or any garden of four years' cultivation, or any dwelling-house or building con- nected with a dAvelling-house, or any yard or in- closure necessary thereto, "without the consent of the owner. Basis of section: Stats. 18.53, p. 171. § 2791. The road company may bridge any stream or river on the route of their road, when, not within the limits prescribed by law for the erection and maintenance of any other bridge; and in bridging streams used for rafting lumber the bridge must be so constructed as not to prevent or endanger tlie passage of any raft forty feet in width. Basis of section: Stats. 1853, p. 173. § 2792. No planlvroad company must construct its road on the road of another company, except in case of crossings, without consent of the latter. § 2793. Every such road must be laid out at least fifty feet wide. The traclv of planlv roads must be constructed eighteen feet wide, of timber, plank, or other hard material. The track of turn- pikes must be bedded with stone, gravel, or such other hard material found on tlie line thereof, to the Avidth of eighteen feet, and faced Avith broken stone or gravel. The common Avagon road must be graded at least tAA-elve feet in width, and so constructed with necessary turnouts as to permit A-eliicles to pass each other conveniently. All tlie I'oads must be ditched on the sides when practi- Pol. Code— 49. §§ 2794-2798 Toll Roads. 578 cable, and have proper and necessary sewerage, and be so constructed that vehicles may pass on and off the track at all intersections of roads. § 2794. Every company that has once laid their road with planlv may relay it or any part of it with broljen stone, gi-avel, shells, or other hard material whereby they lieep a good, substantial road. § 2795. A milestone or post must be maintain- ed at every mile, with an inscription showing the distance from the commencement of the road. If the road commences at the end of any other road, or intersects therewith, having milestones or posts on which the distance from any city or town is marked, a continuation of that distance must also be inscribed. Injuries to milestones, etc: Penal Code, sec. 590. § 2796. A guide post must be erected at every place where the road is intersected by a public road, Avith an inscription showing the name of the place to which such intersecting road leads, in the direction to Avhich the name on the guide post points. luiuries to guide posts, etc: Penal Code, sec. 590. § 2797. When the road, or three consecutive miles thereof, is completed, the Commissioner of Highways or such Road Overseer or other person thereto specially appointed by the Board of Super- visors of the county, must inspect the road when requested, and if satisfied that the road conforms to the I'equirements of the law, must certify to the facts and file the certificate in the oflice of the County Clerk; for such service four dollars per day must be by the company paid to the Inspector or Commissioner. When only three miles of any plankroad are completed, if it is not the entire road, tolls must not be collected thereon for more tlian one year, unless the road or five consecu- tive miles are completed within the year. Basis of section: Stats. 1870, p. 885. § 2798. When the certificate of completion is filed, toll gates may be erected and tolls collected. 579 Toll Roads. §§ 2799-2801 No toll gate, toll house, or other building must be put up within ten rods of the front of any dwell- ing house, barn, or outhouse, without written con- sent of the owner thereof. Basis of section: Stats. 1870, p. 886. § 2799. Whenever the holders of two-thirds of the stock consent, the Directors of any company may abandon the whole or any part of their road at either or both ends, by written surrender there- of, attested by their seal, and acknowledged by the President and Secretary as a deed or grant is acknowledged, and recorded in the Clerk's office of each county where the surrendered road lies; thereafter the surrendered road belongs to the road districts in which it lies; but the company may continue to take toll on any three consecutive miles in length not so surrendered. Road so abandoned— becomes a highway: Sec. 2619. § 2800. At any time within five years from fil- ing the certificate of completion of any road con- structed under the provisions of this chapter, or at any time after any toll road constructed and under operation under any of the laws of this State has been in existence for ten or more years, a county within which the road or any portion thereof "is located, may purchase the same at a fair cash valuation, be fixed by seven Commis- sioners, all disinterested persons; three to be ap- pointed by the Board of Supervisors of the coun- ty, three by the owners of the road, and one by the Judge of the Superior Court of the county, who must estimate the fair cash value of the road, and make report thereof, under oath, to the Board of Supervisors. If, within three months after filing the report, the appraised value thereof is tender- ed on behalf of the county to the owner of the road, or his authorized managing agent, in gold coin, the right of the owner to take tolls on the road is terminated, and the road to become the property of the county. [Amendment, approved March "27, 189.5; Stats. 1895, p. 196. In efiCect March 27, 1895.] Stats. 1869-70, p. 886, sec. 7. § 2801. A majority of the Board of Commis- sioners mentioned in" the preceding section con- § 2814 Use of Toll Roads. 580 stitute a quorum, and the coucurrence of a ma- jority in making the estimate and award is bind- ing upoQ the road owner if approved by the Board of Supervisors. The Commissioners must "malie their report within thirty days after their appoint- ment, and if approved, the tender of the amount of the appraisement and award must be made by the County Treasurer; whether the owner conveys the road to the county or not, the report and ten- der operate as a conveyance to the county of the road and all its incidents and appurtenances. Basis of section: Stats. 1870, p. 888. ARTICLE II. USE OP TOLL ROADS, AND OBSTRUCTIONS THEREON. § 2814. Persons exempt from tolls. § 2815. Encroachments, how removed. S 2816. Who liable for penalty, and what. § 2817. Action for penalty or trespass. § 2814. The following persons, and none other, are exempt from payment of toll on wagon, turu- pilve. or planii roads: 1. Persons going to or from any funeral, and all funeral processions. 2. Troops in actual service of the State or of the United States, and persons going to or from a mil- itary training which by law they are required to attend. 3. Persons going to or from the Courthouse in obedience to a subpoena in a criminal action. 4. Persons living within one mile of any gate by the most usually traveled road may pass it at one-half toll, when not engaged in the ti'anspor- tation of other or the property of others. .">. Farmers living on their farms within one mile of any gate by the most usually traveled road, may pass free when going to or from their work on such farms. (j. Scliool children attending .scliool within three miles of their parents' or boarding house. 7. The Road Overseer of the road district through which road passes, or the Commissioners of Highways for the purpose of inspecting the condition of thje road. [Amendment approved March 12, 1880; Amendments 1880, p. 4. In effect in sixty days.] 581 Inspection and Repairs. §§ 2815-2827 Person not exempt— evading payment of tolls, fine against: Penal Code, sec. 389. § 2815. On application by an officer of the com- pany, the Commissioner of Highways, or Road Overseer of the district where the same exists, may inquire into any encroachment upon the lands of the company used for the purposes of the road, caused by fence, building, or otherwise, and he must, if he finds it does exist, require or cause its removal as provided for highway en- croachments in Article VIII, chapter II, of this Title. Obstructions and injuries to highways: Sees. 2743-2750. Penalty for failure to remove encroachment: Sec. 2816. § 2816. Every person who, having the control thereof, neglects to remove an encroachment after being notified thereof, or permits the same to re- main after notice, unless he immediately com- mences and diligently prosecutes its removal to completion, is liable to a penalty of five dollars for every day of such neglect or failure. § 2817. An action for the penalties given by this chapter, and for any trespass on or injury to such road, may be maintained in the county where the act was done, or in that where the defendant resides, by the company. Injuries to toll houses or turnpilie gates — con- stitute misdemeanor: Penal Code, sec. 589. ARTICLE III. INSPECTION AND REPAIRS. § 2827. Inspection of roads, and repairs. § 2828. Closing gates, and penalty. § 2829. Defects in road, to be reported to whom. § 2830. Enforcing obedience to notice and requirement. § 2831. Fees of Commissioner or Overseer. § 2832. Pack trails in mountain districts. § 2827. Every Commissioner of Highways, or. Road Overseer of the district, to whom complaint in writing is made that any part of a wagon, turn- §§ 2828-2831 Inspection and Repairs. 582 pilie, or plank toll road in his county or district, or any part of such road, the sate nearest to which is iQ his county or district, is out of repair, must examine it without delay and give notice of the defect, particularly describing the same, to the person attending the gate nearest thereto. If the necessary repair is not made, or defect remedied, within three days after such notice is given, the Commissioner or Road Overseer may order such gate to be thrown open. § 2828. A gate so ordered to be thrown open must not be shut nor any toll collected thereat un- til the Commissioner of Highways or Road Over- seer ordering it shut grants a certificate that the road is in sufficient repair, and that the gate ought to be closed. The company and their gatelieeper or other employee, violating or permitting the vio- lation of this section, or the order made under the preceding section, are each liable in a penalty of twenty-five dollars for each offense, to be recov- ered by the party aggrieved. § 2829. Every Commissioner of Highways or Road Overseer who discovers a defect in any toll road in his county or district, or a gate placed in a situation contrary to law, must give written no- tice thereof to one or more of the Directors or managing agents of the company, requiring the de- fective road to be repaired, or the gate to be re- moved, within a specified time, and may order that in the meantime such gates as he specifies be thrown open. § 2830. If the notice and requirements are not obeyed, the Commissioner of Highways or Road Overseer must make immediate complaint to the District Attorney of the county, who must prose- cute the company therefor in the name of the peo- ple for so suffei'ing the road to be out of repair, or of having placed any gate in a situation contrary to the law; and if convicted thereof, the company must be fined not exceeding two hundred and fifty dollars. § 2831. The Commissioner of Highways or Road Overseer complaining to the District Attor- ney, or who malves inspection and discovers de- fects in the road, is entitled to three dollars for 583 Inspection and Repairs. § 2832 eaeli day's services in inspecting tlie road, or nec- essarily expended in prosecnting tlie action there- for, to be paid in case of conviction as costs. When no action is had, bnt repairs are made, or gate removed, on the inspection and requirement of tlae Commissioner of Highways or Road Over- seer, the toll gatherer nearest the road so out of repair, or the gate to be moved, must pay the fees hereinbefore specified out of the tolls collect- ed; if he refuse to pay the same, the same may be recovered by action, vi^ith costs. § 2832. The Boards of Supervisors of the sev- eral counties of this State are hereby authorized to permit the toll road companies heretofore or which may hereafter be organized under the pro- visions of this Code, for the purpose of construct- ing toll roads within the mountain districts of this State, to first construct on the line of their pro- posed toll road a pacli trail for the accommodation of pacli trains and horsemen and to collect tolls thereon. The Board of Supervisors shall fix the amount of license to be paid and tolls to be col- lected on such pack trail, and that no such permit or franchise shall be granted for a longer period than two years. [New section approved March 30, 1874; Amendments 1873-4, p. 131. In effect March 30, 1874.] §§ 2843, 2844 General Provisions. 584 CHAPTER IV. PUBLIC FERRIES AND TOLL BRIDGES. Article I. General Provisions. II. Toll Bridges. III. Toll Ferries. ARTICLE I. GENERAL PROVISIONS. § 2843. What Board to grant authority to construct. § 2844. Notice must be proved. § 2845. Duty of Board of Supervisors granting authority. § 2846. License tax and rate of tolls, how fixed. § 2847. Report of bridge or ferry owner or keeper. § 2848. Inquiry of the Board of Supervisors fixing tolls. § 2849. When to direct license to issue. § 2850. Bond, conditions and execution. § 2851. When bridge unites two counties. § 2852. Supervisors shall not act if interested. § 2853. Toll bridge or ferry within one mile of another. when. § 2854. Owner of land preferred to build bridge or ferry. § 2855. How lands are acquired for use of bridge or ferry. § 2856. Must post rates of toll. § 2857. Revenue derived from license, how disposed of. § 2858. To keep banks in repair. § 2843. When authority to construct a toll bridge, or to erect and keep a ferry over waters dividing two counties is desired, application must be made to the Board of Supeiwisors of that coun- ty situated on the left bank descending such bay, river, creek, slough, or arm of the sea. Basis of section: Stats. 1855, p. 18.3. Maintaining toll bridge or ferry without author- ity is misdemeanor: Penal Code, sec. 386. Power of Supervisors to license ferries: See sec. 4046. § 2844. Tlie Board of Supervisors must not grant authority to construct or erect a toll bridge or ferry until the notice of such intended applica- tion has been given as respectively required in Articles II and III of this chapter. Section founded on Stats. 1855, p. 184. 585 General Provisions. §§ 2845-2847 § 2845. The Board of Supervisors granting au- tliority to construct a toll bridge or to lieep a pub- lic ferry, must at the same time: 1. Fix the amount of a penal bond to be given by the person or corporation owning or taking tolls on the bridge or ferry for the benefit of the county, and all persons crossing or desiring to cross the same, and provide for the annual renew- al thereof. 2. Fix the amount of license tax to be paid by the person or corporation for taking tolls thereon, not less than three nor over one hundred dollars per month, payable annually. 3. Fix the rate of tolls whiclimaybe collected for crossing the bridge or ferry, whicli must not raise annually an income exceeding fifteen per cent on tlie actual cost of the construction or erection and maintenance of the bridge or ferry for the first year, nor on the fair cash value, together with the repairs and maintenance thereof for any succeed- ing year. 4. Make all necessary ordeis relative to the con- struction, erection, and business of licensed toll bridges or ferries which they have by law the power to make. The Board of Supervisors may, at any time they see fit. authorize and maintain fords across any water within any distance of any licensed toll bridge or ferry. Basis of section: Stats. 1870, p. 887. § 2846. The license tax and rate of toll fixed as provided in the preceding section must not be increased or diminished during the term of twenty years, at any time, unless it is shown to the satis- faction of the Board of Supervisors that the re- ceipts from tolls in any one year is disproportion- ate to the cost of construction or erection, or the fair cash value thereof, together with the cost of all necessary repairs and maintenance of the bridge or ferry. The license tax fixed by the Board of Supervisors must not exceed ten per cent of the tolls annually collected. § 2847. Every owner or keeper of a toll bridge or ferry must report annuall.v to the Board of Su- pervisors from which his license is obtained, under oath, the following facts: 1. The actual cost of the construction or erec- tion, and equipment of the toll bridge or ferry. §§ 2848-2850 General Provisions. 586 2. The repairs made during the preceding year, and the actual cost thereof. 3. The expense of labor and hire of agents, and other costs necessarily incurred in and about the conduct of their business. 4. The amount of tolls collected: and 5. The estimated actual cash value of the bridge or ferry, exclusive of the franchise. Basis of section, and of next: Stats. 1870, p. 887. § 2848. Whenever the Board of Supervisors are about to fix the license tax and rate of tolls on a bridge or ferry they must make inquiry into the present actual cash value and the cost of all nec- essary repairs and maintenance thereof, and for that purpose may examine, under oath, the owner or lieeper of the same, and other witnesses, and the assessed value of the bridge or ferry on the assessment roll of the county. When the estimate of the Board is made, if the same is not agreed to by the owner or lieeper of the bridge or ferry, the same must be fixed by three Commissioners, one to be appointed by the Board of Supervisors, one by the owner and keeper, and the third by the County Judge, who must hear testimony and fix such value and cost according to the facts, and re- port the same to the Board of Supervisors under oath. In all estimates of the fair cash value of the bridge or ferry the value of the franchise must not be taken into consideration. Stats. 1869-70, p. 887, sec. 1. County Judge superseded by Judge of Superior Court: See C/onst. Cal., 1879, art. 22. sec. 3. § 2849. When the cost of construction or erec- tion and equipment of the bridge or ferry, or the fair cash value thereof, together with the cost of needed repairs and the conduct and maintenance of the same, is ascertained and fixed for the pre- ceding year, the Board must, on such ascertained amount, fix the annual license tax rate of tolls, and the amount of the penal bond, and direct a license to be issued by the Clerk. Basis of section: Stats. 1870, p. 880. Licenses generally: See sees. 3356 et seq. § 2850. The bond required of the owner or keeper of the toll bridge or ferry must be 587 General Provisions. §§ 2851-2853 in the sum fixed by tlie Board of Supervis- ors, -with one or more sureties, and conditioned ttiat tlie toll bridge or ferry will be kept in good repair and condition, and that the keeper will faithfully comply with the laws of the State and all legal orders of the Board of Supervisors reg- ulating the same, and pay all damages recovered against him by any person injured or damaged by reason of delay at or defect in such bridge or ferry, or in any manner resulting from a noncom- pliance with the laws or lawful orders regulating the same. The bond must be approved by the President and filed with the Clerk of the Board of Supervisors. Basis of section: Stats. 1855, p. 186. Violating conditions of undertaking to keep fer- ry, is misdemeanor: Penal Code, sec. 387. § 2851. The license tax for a ferry or bridge connecting two coimties must be paid to the Treasurer of the county granting it, and the li- cense issued by the Auditor thereof; but the Treas- urer of such county must pay to the Treasury of the coiinty in which the other end or landing of the bridge or ferry is located one-half the sum so received annually, or the Auditor may issue the license on filing with him receipts for their respec- tive halves of the tax taken from the Treasurer of each of the two counties. Basis of section: Stats. 1855, p. 183. Delinquent bridge or ferry license tax — proceed- ings to collect instituted after thirty days: See Stats. 1872, p. 539. § 2852. When a Supervisor is interested in an application to erect, construct, or talie tolls, or alter tolls on a bridge or ferry, he shall not act in any of such matters. [Amendment, approved April 3, 1880: Amendments 1880, p. 23. In effect . April 3, 1880.] § 2853. No toll bridge or ferry must be estab- lished within one mile immediately above or be- low a regularly established ferry or toll bridge, imless the situation of a town or village, the cross- ing of a public highway, or the intersection of some creek or ravine renders it necessary for pub- lic convenience. In addition to the public notice §§ 2854-2858 General Provisions. 588 hereinafter required, notice of intention to apply for authority to erect a toll bridge or ferry, as in tliis section provided, must be served upon the proprietor of the ferry or toll bridge already es- tablished at least ten days prior thereto, giving the time and place and grounds of such applica- tion. Basis of section: Stats. 1855, p. 183; 1861, p. 307. § 2854. The owner of land on either side of the waters to be crossed, and the owner of the land on the left bank descending over the owner of land on the right bank, is entitled to preference in procuring authority to construct a bridge or ferry: but where such owner fails or neglects to apply for such authority within a reasonable time after the necessity tlierefor arises, the Board of Supervisors may grant such authority to another. § 2855. When there are lands necessary for the construction, erection, or use of such bridge or ferry which cannot be procured by agreement between the owner or corporation and the land- owner, the riglit of way and all other lands neces- sary for the use and construction or erection there- of may be acquired by condemnation. Condemnation — Eminent Domain: Sec. 44. § 2856. Every licensed toll bridge or ferry must have the rates of toll as fixed by the Board of Su- pervisors, printed or written, posted up in some conspicuous place on or near the bridge or ferry. § 2857. The proceeds of the license tax on fer- ries and toll bridges must be paid into the County Treasury for the use of roads and highways, or may be used by the Board of Supervisors at any time in the purchase of toll roads and toll bridges. Basis of section and of next: Stats. 18.55, p. 187. § 2858. All ferry and toll bridge keepers must keep the banks of the streams or waters at the landings of their ferries or bridges graJed and in good order for tlie passage of vehicles. For every day compliance herewith is neglected twenty -five dollars is forfeited, to be collected for the use of the Road Fund of the county. Stats. 1855, p. 187, sec. 22. 589 Toll Bridges. §§ 2870-2872 ARTICLE II. TOLL BRIDGES. § 2870. Application for leave to construct. § 2871. Hearing application. § 2872. Action of the Board of Supervisors. § 2873. What the Board of Supervisors may require. § 2874. Use of highways. § 2875. How constructed over navigable waters. § 2876. Supervisors may regulate. § 2877. Channel of streams navigable by rafts to be kept clear. § 2878. Completion of bridge, rate of toll, and license tax. § 2879. Persons exempt. § 2880. Penalty for avoiding tolls. § 2881. County may purchase toll bridge. § 2870. Every applicant for authority to con- struct a toll bridge must 'publish a notice in at least one newspaper in each county in which the bridcre or any part of it is to be. or if no paper is published tlierein, in an adjoining county, once in each weelx for six successive weeks, specifying the location, the length, and breadth of the bridge, and the time at which the application hereinafter required will be made. After notice is given, ap- plication must be made to the Board of Supervis- ors of the proper county, at any meeting specified in the notice, for authority to construct it. Basis of section: Stats. 1870, p. 887. § 2871. On the hearing, any person may ap- pear and be heard, the Board may talve testimony or authorize it to be talvcn by any judicial officer of the county; and it may adjourn the hearing from time to time. A copy of the articles of incor- poration, certified by the Secretary of State, or by the Clerli where they are filed, must be attached to and filed with tlie application if made by a cor- poration. Articles of incorporation: Civil Code, sees. 289, 290, et seq. § 2872. If the Board are of opinion that the public interests will be promoted thereby, it may, by the assent of a majority of all the members of the Board, grant the application by an order eu- Pol. Code— 50. ^§ 2873-2876 Toll Bridges. 590 tered in its minutes, and particularly describing the bridge. The applicant must cause a certified copy of the order, with a copy of the application, to be recorded in the office of the Clerli of the county before proceeding under it; provided, that the Board of Supervisors shall not have power to license bridges across the Sacramento or San Joaquin rivers, the Suisun bay, or Carquinez straits, the Petaluma, Napa, or Sonoma creelvs, ex- cept at points above the head of navigation on said streams. [Amendment approved March 14, 1878; Amendments 1877-8, p. 52. In effect March 14, 1878.] § 2873. The Board of Supervisors may, at the time of granting authority to construct a toll bridge, by oi-der, require the bridge to be con- structed within a certain time, to be of a certain width, character, or description, and to be con- structed of certain materials, which order must be complied with by the owner or corporation con- structing tlie same before license to talie tolls is issued. Basis of section: Stats. 1855, p. 184. § 2874. The corporation or bridge owner may use, in such manner as prescribed by the Board, so much of any public road on either side of the stream or waters as may be necessary for con- structing and maintaining the bridge and toll houses. § 2875. All bridges constructed under this chapter crossing navigable streams must be so constructed as not to obstruct navigation, and must have a draw or swing of sufficient space or span to permit the safe, convenient, and expedi- tious passage at all times of any steamer, vessel, or raft which may navigate the stream or water bridged. Basis of section and next two: Stats. 1870, p. 888. § 2876. The Board of Supervisors may, by or- der, regulate and govern the amount of weight and number of animals that may be driven on to a toll bridge at any one time, and prescribe rules for the government of the draws or swings and attendance of the same, and prescribe penalties for disobedience of such rules. 591 Toll Bridges. §§ 2877-2881 § 2877. Any one bridgins- a stream navigated or navigable must at all times Iveep the channel above and belo^A' the bridge clear from all deposits occasioned by its erection and prejudicial to such navigation, and is liable to pay to all persons un- reasonably hindered or delayed in passing such bridge Avith rafts or vessels all damages sustained thereby. §, 2878. Every bridge erected under these pro- visions must have good and substantial railings or sidings, at least four and a half feet liigh. When a bridge is completed, and a certificate that it is so, and is safe and convenient for the public use, is signed by the Commissioner of Highways, or President of the Board of Supervisors, and filed in the County Clerk's office in the county or coun- ties in which it is located, the Directors or owner may erect a toll gate at such bridge and require such tolls as the Board of Supervisors of the coun- ty or counties from time to time prescribe. A li- cense therefor must be issued by the Auditor of the county on giving the necessary bond and pay- ing the license tax fixed therefor. Basis of section: Stats. 1855, p. 183. § 2879. Any person going to or from a funeral, school, performing highway labor, or attending a military parade, or Court which by law he is required to attend as a witness in a criminal case, is exempt from the payment of tolls. Person not exempt— evading toll, fine against: Penal Code, sec. 389. § 2880. Any person liable to pay toll forcibly or fraiidulently passing the gate of a toll bridge without paying the toll is liable to a penalty of ten dollars in addition to the damages caused, to be recovered by the owner. Basis of section and of next: Stats. 1880, p. 888. Passing gate of toll bridge and evading pay- ment, fine for: Penal Code, sec. 389. § 2881. Within the same time, in like manner,, and to the same effect as toll roads are purchased under tlie provisions of sections 2802 and 2803, the county or counties, jointly acting, in which the same is situated, may purchase a toll bridge constructed under the provisions of this chapter. §§ 2892-2894 Toll Ferries. 592 ARTICLE III. TOLL FERRIES. § 2892. Application for leave to erect, and notice. § 2893. Duty of the Board of Supervisors. § 2894. Powers of the Board of Supervisors. § 2895. Penalties, how disposed of. § 2892. Every applicant for aiitliority to erect and talie tolls on a public ferry must publish a no- tice in at least one newspaper in each county in which the ferry is or touches, or if there is no newspaper published therein, then in one pub- lished in an adjoining county, and by posting three notices in three public places in the town- ship for four successive weelis, specifying the loca- tion and the time and place Avhen and where the application will be made. After notice is given application must be made in writing, under oath, to the Board of Supervisors of the proper county, the landings of the proposed ferry must be de- scribed, and the names of the owners thereof giv- en, if known; and if the applicant is not the owner of tlie land, that notice of the application has been served on the owner thereof at least ten days prior to the application. Basis of section and of next two: Stats. 1855. p. 183. § 2893. At the hearing, proof of giving the no- tice, as required by the preceding section, must be made, and any person may appear and contest the application. If the Board finds that the ferry is either a public necessity or convenience, and that the applicant is a suitable person, and by reason of ownership of tlie landing or failure of the owner thereof to apply is entitled thereto, au- thority to erect and take tolls on the ferry may be granted to him for the term of twenty years. § 2894. The Board of Supervisors may make all needful rules and regulations for the govern- ment of ferries and ferry keepers, prescribing: 1. How many boats must be kept, their charac- ter, and how propelled; 2. The number of hands, boatmen, or ferrymen to bo employed, and rules for their government; 593 Wharves, Chutes and Piers. §§ 2895-2906 3. How many trips to be made daily. 4. AVhen and nnder what circumstances to malie trips in the ni^ht-time; 5. Who may be ferried free of toll ; 6. Tn what cases of danger or peril not to cross; 7. Penalties for violation of regulations; 8. In case of steamboats, the rate of speed; 9. The method of and preference in loading and crossing; and 10. How and by whom action must be brought to recover penalties. § 2895. Penalties recovered under this article must be paid to the County Treasury for the use of the General Road Fund of the county. "Basis of article: Stats. 1855, 183; 1869-70, 70. CHAPTER V. WHARVES, CHUTES, AND PIERS. § 2906. Board of Supervisors to authorize construction. § 2907. Application, what to contain and how made. § 2908. Petition relative to lands not owned by applicant. § 2909. Notice served on non-residents. § 2910. Board to hear proof, and may grant authority. § 2911. Overflowed or tide lands granted. § 2912. One hundred and fifty feet on each side of wharf, etc. § 2913. How to obtain use of lands. § 2914. Dimensions of wharves, etc. § 2915. Franchise, what to constitute. § 2916. Board of Supervisors to fix rate of tolls, etc. § 2917. License, and the tax for. § 2918. To keep in good repair. § 2919. Restrictions on granting authority. § 2920. Cities and towns exempted and authorized. § 2906. The Boards of Supervisors of every county in this State may grant authority to any person or cori)oration to construct a wharf, chute, or pier, on any lands bordering on any navigable bay, lake, inlet, creelc, slough, or arm of the sea, situate in or bounding their counties respectively, with a license to talve tolls for the use of the same for the term of twenty years. Basis of section: Stats. 1858, p. 129; 1870, p. 52<» §§ 2907-2909 Wharves, Chutes and Piers. 594 § 2907. Application therefor must be made by publishing uotice as required in section 2892, and filing a petition in writing, containing: 1. The name and residence of the applicant; and if a corporation a certified copy of the articles of incorporation ; 2. A map of the waters, and the name and loca- tion thereof, and of the adjoining lands; 3. A plan of the wharf, chute, or pier proposed to be constructed, and of the land within three hundred feet thereof; 4. The names of the owners of the lands, and the quantity thereof sought to be used, and wheth- er the right to use the same is or is to be acquired by the applicant; 5. The distance it is proposed to extend the wharf, chute, or pier into the waters; 6. The estimated cost of the construction of the wharf, chute, or pier; and, 7. The time when the application will be made. Basis of section: Stats. 1858, p. 120. § 2908. When any lands are sought to be ap- propriated and used for a wharf, chute, or pier, of which the applicant is not the owner, or the right of way and use thereof has not been obtained by agreement, these facts and the particular descrip- tion of such land must be set forth in the petition of the applicant, and a copy of the notice of appli- cation must be served on the owner thereof by the Sheriff: of the county, whose official return is conclusive evidence of service, at least ten days prior to the appointed day set for the hearing of the same. Basis of section: Stats. 1858, p. 121; 1870, p. 527. § 2909. When the owner of theland is a nonres- ident of the county, it is service of notice for the sheriff to leave a copy with the occupant or agent of the owner; if none, then to place a copy in the Post Office addressed to the oAvuer, thirty days prior to the day set for the hearing. If the own- er is a minor, insane, idiot, or decedent, notice must be served on the guardian, administrator, or other legal representative of such person. Basis of section and of next three: Stats. 1870, p. 527. 595 Wharves, Chutes and Piers. §§ 2910-2913 § 2910. On the day named in the notice, or to which the hearing is adjourned, the Board of Su- pervisors must hear proof of publication and ser- vice of notice; if satisfactory, the Board must hear the allegations of thepetition and any objections to the granting of the application and proofs in sup- port of eacli. If from tlie proofs it appear that the public good or convenience will be promoted thereh.v. the Board of Supervisors may grant to the applicant the right to erect or construct a wharf, chute, or pier, as prayed for, and to take tolls for the use of the same for the term of twen- ty years. § 2911. The grant of authority made by the Board of Supervisors, as provided in the preced- ing section, conveys to the grantee or applicant the right of wa.v and all necessary use for the pur- poses of the wharf, chute? or pier, of any of the overflowed, submerged, or tide lauds belonging to the State, particularly describing the quantity thereof in the order, as also the right of way over any swamp, overflowed, marsh, or tide lands lying between the wharf, chute, or pier and high or dry land, fifty feet in width, for twenty years. Overflowed or tide lands of State: Sec. 8440 et seq. § 2912. The grant of authority herein provided for carries with it the right to have unincumbered and unobstructed the land and water on each side of the wharf, chute, or pier, from high water mark to navigable water, a distance of one hundred and fifty feet, for the convenience of landing, loading, and unloading vessels, but for no other purpose. § 2913. Authority to construct a wharf, chute, or pier, being granted, the grantee or applicant may procure from the owner the right of way and other necessary incidental use for the wharf, chute, or pier, of any of his lands, by proceedings had un- der title VII, part III, of the Code of Civil Proced- ure. Until such use of the lands held adversely is obtained by agreement, or by the proceedings hereinbefore mentioned, there is no authority to construct a wharf, chute, or pier, or to take tolls thereon. Eminent domain: Sec. 44. See Code Civ. Proc, sec. 1237. §§ 2914-2917 Wharves, Chutes and Piers. 596 § 2914. The wharf, chute, or pier must not be of a greater width than seventy-five (75) feet, and may extend to navigable water; provided, that a wharf constructed upon any of the navigable riv- ers, straits, sloughs, and inlets in this State may extend along the shores for a distance not exceed- ing one thousand feet, but in no case shall any wharf, chute, or pier extend into the water so far as to obstruct the free navigation of the water on which the same is situated; provided, this Act shall not apply to the water fronts of incorpo- rated cities and towns. [Amendment, approved April 16, 1880; Amendments 1880, p. 66. In effect April 16, 1880.1 Basis of section: Stats. 1870, p. 527. § 2915. The orders granting authority, and agreements, contracts, deeds, and decrees of Courts granting the right of way and other use of lands, must be filed and recorded in the oflice of the Recorder of the county where the wharf, chute, or pier is situate, and constitutes the fran- chise of the applicant. The fees of the Recorder, as also the fees of the Clerk, Sheriff, and other officers, for services rendered, must be paid by the applicant. Basis of section and of next: Stats. 1858, p. 120. § 2916. The Board of Supervisors must fix the rate of tolls or wharfage for the use of the wharf, chute, or pier, annually, which must not produce an income of less than fifteen per cent per an- num, nor more than twenty-five per cent per an- num on the fair cash value of the wharf, chute, or pier, and on the cost of repair and maintenance thereof, exclusive of the amount paid for license imposed by the next section; such value and cost of repair and maintenance to be fixed by the Board of Sui)ervisors when levying the rates of tolls or wharfage, b.y hearing evidence and examining the assessment rolls of the county. When fixed, the rates must be furnished the owner, and a printed or written copy thereof conspicuously posted on the wharf, chute, or pier. [Amendment approved March 24, 1876; Amendments 1875-6, p. 52. In effect March 24, 1876.] § 2917. When the wharf, chute, or pier is com- pleted, and the tolls or wharfage fixed, the owner 597 Wharves, Chutes and Piers. § 2918-2920 is entitlod to a license to take the tolls thereon for the term of one year, to be issued by the County Auditor on the payment of such license tax as the Board of Supervisors may fix, which, except that for the first year, must not be more than ten per cent of the gross receipts for tolls or wharfage for the previous year, to be paid to the County Treas- ury for general road purposes. § 2918. Any owner or lieeper of a wharf, chute, or pier, who takes toll or wharfage for the use of the same when not in good repair, or is unsafe or dangerous, forfeits the sum of twenty-five dollars, to be recovered by order of the Board of Super- visors granting authority to construct it. for the use of the General Road Fund of the county, and is liable for all damages occasioned thereby. Basis of section: Stats. 1858, p. 121. § 2919. No authority must be granted under this chapter to interfere with vested rights, nor to interfere with or infringe grants heretofore made by State authority; nor does authority to construct a wharf, chute, or pier, continue for a longer period tlian two years, unless the same is within that time completed. Basis of section: Stats. 1870, p. 527. § 2920. The lands of the State situate in the City and County of San Francisco, and those oth- erwise disposed of or situate witliin the limits of any incorporated town or city of this State, are ex- cluded from the provisions of this chapter. The municipal authorities of any incorporated city or town other than San Francisco may grant author- ity to construct wharves, chutes, and piers, as is herein provided, for the Board of Supervisors. Basis of section: Stats. 1858, p. 129. §§ 2931-2933 Miscellaneous Provisions. 598 CHAPTER VI. MISCELLANEOUS PROVISIONS RELATING TO PUBLIC WAYS. § 2931. Laws of the highway. g 2932. Driver addicted to intoxication. § 2933. Notice to employer of driver's intoxication. § 2934. Horses to be fastened while standing. § 2935. Penalties, how and by whom recovered. § 2&3G. Liability of owners for damages done by drivers. § 2937. Exceptions to preceding sections. § 2938. Protection of bridges. § 2931. When vehicles meet, the drivers of each must turu seasonably to the right of the cen- ter of the liishway, so as to pass without interfer- ence, under a penalty of twenty-five dollars for every neglect, to be recovered by the party in- jured. Where the whole breadth of a roadway is not worlied. the center of the worl^ed part is to be deemed the center of the highway. In time of snow, where there is a beaten track, the center of that is to be deemed the center of the highway. But this section does not apply to vehicles meet- ing cars running on rails or grooved tracks. § 2932. No person must employ to drive any vehicle for the conveyance of passengers upon any public highway, a person addicted to drunken- ness, under penalty of five dollars for every day such person is in his employment. Intoxication — of railway driver, conductor, etc., or telegraph operator, is misdemeanor: Penal Code, sec. 391. § 2933. If any driver, whilst actually employ- ed in driving any siich vehicle, is intoxicated to such a degree as to endanger the safety of his passengers, the owner, on receiving from any such passenger a written notice of the fact, veri- fied by his oath, must forthwith discharge such driver; and if he has such driver in his service within six months after such notice, he incurs a like penalty. Intoxication of certain employees: See Penal Code, sec. 391. 599 Miscellaneous Provisions. §§ 2934-2938 § 2934. Tlie driver of any veliicle used to con- vey passengers must not leave tlie horses attached thereto while passengers remain in o>- same, without first securely fastening the horses or placing the lines in the hands of some other per- son, so as to prevent their running, under a pen- alty of twenty dollars for each offense. § 2935. The penalties provided by the three preceding sections are to be recovered by the Dis- trict Attorney of the county in which the offender resides, for the use of the County Road Fund. Any action for a penalty incurred under the last section must be commenced within six months. § 2936. The owner of every vehicle running or traveling upon any road for the conveyance of passengers, is liable for all damages to persons or property done by any person in his employment as a driver while driving such vehicle, whether done willfully or negligently, or otherwise, in the same manner as such driver would be liable. Carriers of persons: Civil Code, sec. 2096 et seq. Common carriers: Civil Code, sec. 2186 et seq. § 2937. Nothing contained in the six preced- ing sections must affect any law concerning hacli- ney coaches or carriages in any city, nor affect laws or ordinances of any citj^ for the licensing or regulating such coaches or carriages. § 2938. The owner of any toll bridge, and any plank road company owning a bridge of not less than twenty feet span, may put up conspicuously at each end of it notice in these words in large characters: "Five dollars' fine for riding or di'iv- ing on this bridge faster than a walk;" and who- ever rides or drives faster than a walk on such bridge forfeits to the owner the sum of five dol- lars. Fast driving or riding- on toll bridges, fine for: Penal Code. sec. 388. § 2949 Immierration. 600 TITLE VII. GENERAL POLICE OF THE STATE. Chapter I. Immigration. II, Presorvation of the Public Health. III. Kegistry of Births, Marriages and Deaths. lY. Dissection. V. Cemeteries and Sepulture. VI. Lost and Unclaimed Property. VII. ]Marks and Brands. VIII. Weights and Measures. IX. L.'ibor and Materials on Public Buildings. X. Hours of Labor. XI. Time. XII. Money of Account. XIIT. Auctions. XIV. Fires and Firemen. XV. Licenses. CHAPTER L IMMIGRATION. 3 2949, Duties of masters of vessels arriving In California, 1 2950. Form of report. 2 2951. Oath to be administered to certain passengers. I 2952. Lepers, lazarettos for. I 2953. Additional bond in certain cases. (Repealed.) ^ 2954. Nature of bond. i 2955. Lepers, examination and disposition of. i 2956. Action on bond. i 2957. Penalty for neglect to give bond. i 2958. (Commutation Fund, where placed. ^ 2959. Fines and penalties, lien on vessel. ? 2960. Other commutations. i 2961. Commutation money to be paid into State Treasury. 8 2962. Certain vessels exenipted. f, 2963. Certain persons exempted. I 2964. Powers and duties of Commissioners of Immigration. 3 2965. Same and fees. I 2966. Ex ofiBcio Commissioners. a 2967. Duties of District Attorneys. (Repealed.) 3 2968. Bond of Commissioner. I 2969. Disposition of funds. § 2949. Within twenty-four hours after the ar- rival of any vessel arriving at any of the ports of 001 Immigratiou. §S 2950, 2951 this State, bringing passengers from any place out of tliis State, tlie master of such vessel must malve on oath to the Commissioner of Immigration at such port a written i*eport. Chinese immigration— to be discouraged: Const. Cal., 1879. art. 19, sec. 4. Importing foreign convicts— is misdemeanor: Penal Code, sec. 173; separate prosecution for eacli person landed, sec. 175. Landing Cliinese without permit— punishment for: Penal Code, sec. 174; separate prosecution for each person landed, sec. 175. § 2950. The report must state: 1. The name, place of birth, last residence, age, and occupation of all such passengers who are not citizens, or who shall have, witliin the last preceding twelve months, arrived from any coun- try out of the United States, and who have not been examined, bonded, or paid commutation money, as provided in this chapter, or have been landed from any sucli vessel at any place during her last voyage, or who have gone on board of any vessel with the intention of coming into this State, or who may have died during the last voy- age of such vessel; and, 2. Whether any of the passengers so reported are lunatic, idiotic, deaf, dumb, blind, crippled, in- firm, or are lepers, or persons affected with any of the diseases Ivnown as leprosy or elephantiasis. 3. The names and residences of the owners of such vessels. [Amendment approved March 25, 1876: Amendments 1875-6, p. 53. In effect March 25, 1876.] Subdivision 2. Lepers— disposition of: See sec. 2952. § 2951. The master or commander of the ves- sel must administer to any passenger of foreign .birth, who declares himself a citizen of the United States, the following oath: "I , do solemnly swear (or afRrm) that I was born in — — ; that I am a naturalized citizen of the United States; that T was naturalized and received my certificate of naturalization in the State of , in the vear ." Pol. Code— 51. §§ 2952-2955 Immigration. G02 § 2952. It shall not be lawful for lepers or per- sons affected with leprosy or elephantiasis to live in ordinary intercourse with the population of this State; but all such persons shall be compelled to inhabit such lazarettos or lepers' quarters as may be assigned to them by the Board of Supervisors of the city or county in which they shall be dom- iciled or settled, and the Board of Supervisors are vested with power and are required to make all necessary provisions for the separation, detention, and care of lepers or persons affected with leprosy or elephantiasis, settled or domiciled in their re- spective cities or counties. The Superintendent or manager of all lepers' quarters under this chap- ter shall forward quarterly statements, showing the name, age, sex, and birth-place of each leper in such quarter, to the Secretary of State, who shall keep a proper record of such matters for the information of the public. [Amendment ap- proved March 25, 1876; Amendments 1875-6, p. 53. In effect March 25, 1876.] § 2953. [TJepealed March 30, 1874; Amend- ments 1873-4, p. 39. In effect July 6. 1874.] § 2954. The bond required by the next preced- ing section, must be a separate bond for each pas- senger, and the same sureties must not be upon more than one bond. Each bond must be secui-ed by two or more sufficient sureties, residents of the State, each of whom must prove, before the Com- missioner of Immigration, by oath or otherwise, indorsed in writing on such bond, that he is a free- holder and resident of the State, and is worth double the amount of the penalty of the bond in real estate, over and above all his debts and lia- bilities. The bond may, at the option of the party, be secured by mortgage on real estate, or by the pledge and transfer of United States bonds, or Controller's warrants of this State in any amount sufficient to secure the same. [Amendment ap- proved March .30. 1874: Amendments 1873-4, p. 41. In effect July 6, 1874.] General basis of section: Stats. 1852, p. 79. § 2955. The Commissioner of Immigration must satisfy himself whether or not any person 603 Immigration. § 2955 who shall arrive in this State, by vessel from any foreign port or place, is a leper, or affected with the disease linown as leprosy or elephantiasis, be- fore such person shall mingle with the population of this State. For the purpose of ascertaining said fact the Commissioner is vested with the pow- er and authority to detain all such persons on board any such vessel so arriving, and to assign the vessel to a berth or anchorage separate and apart from other vessels, and at a safe and suita- ble distance from the shore, if in lys judgment it shall be necessary, until such fact can be fully ascertained by him. Such fact shall be ascertain- ed by personal inspection and examination of each and every person on board such vessel; and the Commissioner of Immigration is authorize) dollars per quarter for each alley: but no license must be granted for a term less than tliroe months. §§ 3381,3382 Taxes. 670 Two — Theaters are divided into two classes; those seating nine hundred and seventy-five or more, are of the first class, those seating less than nine hundred and seventy-five are of the second class; one seat is twenty-two inches. Licenses shall be granted to theaters and other places of amuse- ment according to the folloAving schedule: If for less than one month— If for one month If for three' If for and less than months and less! one three months— I than one year — year. 1st class, J5 per day $100 per month $300 per quarter} |fiOO 2d class, ?5 per day |75 per month 1200 per quarter 1400 Third— For each exhibition, for pay, for a car- avan or menagerie, or any collection of animals, eircus or other acrobatic performance, ten dol- lars; and for each show, for pay, of any figures, jugglers, necromancers, magicians, wire or rope dancing, or sleight of hand exhibition, five (5) dollars each day. P'our— From each pawnbroker, thirty (30) dol- lars per quarter. Five — From each Iseeper of all intelligence offi- ces, fifteen (1,5) dollars per quarter. [Amendment, approved March 30, 1874; Amendments 1873-4, p. 44. In effect July 6. 1874.] Original basis of section: Stats. 1861, p. 441. Subdivisions 2 and 3. Inapplicable to charita- ble entertainments: Sec. 3386. § 3381. Every person who sells spirituous, malt, or fermented liquors or wine, in less quan- tities than one quart, must obtain a license from the Tax Collector as prescribed in this chapter, and make therefor the following payment: 1. Those making sales to the araount of ten thousand dollars or more as a monthly average, constitute the first class, and must pay forty dol- lars per month: 2. Those making sales to the amount of five thousand dollars, and not exceeding ten thousand dollars as a monthly average, constitute the sec- ond class, and must pay twenty dollars per month: 3. And those making sales of less than five thou- sand dollars, constitute the third class, and must pay five dollars per month. § 3382. Every pei'son who, at a fixed place of 671 Taxes. § 3382 business, sells any goods, wares, or merchandise, wines, or distilled liquors, drugs, or medicines, jewelry, or wares of precious metals, whether on commission or othei-wise (except agricultural or vinicultural productions, or the productions of any stocli, dairy, or poultry farm of this State, when sold by the producer thereof, and except such as are sold by auctioneers at public sale under li- cense), and all persons who keep horses or car- riages for hire (except sucli as are used in tlie transportation of goods), must obtain from the Tax Collector of Ihe county in which the business is transacted!, and for each branch of such busi- ness, license, and pay quarterly therefor an amount of money to be determined by the class in which such person is placed by the Tax Collect- or; such business to be classified and regulated by the amount of the average monthly sales made or hiring done, and at the 4-ates following: 1. Those who are estimated to make average monthly sales or hiring to the amount of one hun- dred thousand dollars or more, constitute the first class, and must pay fifty dollars per month. 2. Of seventy-five thousand dollars, and less than one hundred thousand dollars, constitute the sec- ond class, and must pay thirty-seven dollars and fifty cents per month. 3. Of fifty thousand dollars, and less than sev- enty-five thousand dollars, constitute the third class, and must pay twenty-five dollars per month. 4. Of forty thousand dollars, and less than fifty thousand dollars, constitute the fourth class, and must pay twenty dollars per month. 5. Of thirty thousand dollars, and less than for- ty thousand dollars, constitute the fifth class, and must pay fifteen dollars per month. 6. Of twenty thousand dollars, and less than thirty thousand dollars, constitute the sixth class, and must pay ten dollars per month. 7. Of ten thousand dollars, and less than twenty thousand dollars, constitute the seventh class, and must pay seven dollars and fifty cents per month. 8. Of five thousand dollars, and less than ten thousand dollars, constitute the eighth class, and must pay five dollars per month. 9. Of two thousand five hundred dollars, and less than five thousand dollars, constitute the ninth class, and must pay three dollars per month. §§ 3383-3385 Taxes. 672 10. Of all amounts over twelve liuudred and fif- ty dollars, and under two thousand live hundred dollars per month, constitute the tenth class, and must pay one dollar and fifty cents per month. 11. Of all amounts less than twelve hundred and fifty dollars per month, constitute the elev- enth class, and must pay one dollar per month. [Amendment, approved March 10, 1874; Amend- ments 1873-4, p. 137. In effect March 10, 1874.] Basis of section: Stats. 1861, p. 444. Wines or distilled liquors— application of pro- vision: Sec. 3383. , .§ 3383. The sale of liquors and wines by per- sons licensed under the preceding section must not be in less quantity than one quart measure. No license must be required of physicians, surgeons, apothecaries, or chemists, for any wines or spirit- uous liquors they may use in the preparation of medicines. Basis of section: Stats. 1863, p. 122. § 3384. Every traveling merchant, hawker, or peddler, who carries a pack and vends goods, wares, or merchandise of any kind other than the manufactures or pi'oductions of this State, must pay for a license five dollars per month; and every such traveling merchant, hawker, or peddler, who uses a wagon, or one or more animals, for the pur- pose of vending such goods, "n-ares, or merchan- dise of any kind, must pay for a license fifteen dollars per month; and every traveling merchant, hawker, or peddler, who uses a trading boat or other water craft only, shall pay a merchant's li- cense, according to the provisions and classifica- tions of section three thousand three hundred and eighty-two of this Code. [Amendment, approved March 20. 1876; Amendments 1875-6, p. 56. In effect March 20, 1876.] § 3385. Every person who keeps a stallion, jack, or bull, and who permits the same to be used for the purpose of propagation for hire, must annually obtain a license therefor from the Tax Collector, and pay therefor as follows: 1. Horses that are hired for the purpose of pro- pagation, by the season, at one hundred dollars or more, constitute the first class, and require a license of seventy-five dollars. 073 Taxes. §§ 3386,3387 2. At seventy-five dollars, and less than one hundred dollars, constitute the second class, and require a license of sixty dollars. 3. At fifty dollars and less than seventy-five dol- lars, constitute the third class, and require a li- cense of forty dollars. 4. At thirty dollars, and less than fifty dollars, constitute the fourth class, and require a license of twenty-five dollars. 5. At fifteen dollars, and less than thirty dol- lars, constitute the fifth class, and require a li- cense of fifteen dollars. 6. All at less tlian fifteen dollars, constitute the sixth class, and require a license of ten dollars. 7. For eacli .iaciv, ten dollars. 8. For each bull, ten dollars. A license so obtained from the Tax Collector, under the provisions of this Act, shall entitle the holder thereof [to] the rii^ht to go into any county of This State for the purposes of propagation, witliout further license or expense. [Amendment, approved March 7. 1876; Amendments 1875-6, p. 56. In effect March 7, 1876.] § 3386. The provisions of subdivisions 2 and 3, of section 3380. do not apply to exhibitions or en- tertainments jriven for the benefit of churches, scliools, or other charitable entertainments, by any amateur dramatic association or literai'y so- ciety of the toAvn or district in which such exhibi- tion or entertainment is given. § 3387. In every county in this State where any officer otlier than the Tax Collector is charged with the collection of license taxes, such officer must, until after the expiration of the term of the present incumbent, discharge the duties cast upon the Tax Collector under the provisions of articles I and II of this chapter. Pol. Code— 57. Public Lands. 674 ■ TITLE VIIL PROPERTY OF THE STATE. Chapter I. The Public Lauds. II. The Yosemite Valley and Mariposa Big Tree Grove. HI. The State Burying Ground. CHAPTER I. THE PUBLIC LANDS. Article I. General Provisions respecting the Public Lands. II. Swamp and Overflowed, Salt Marsh and Tide Lands. III. School Lands. IV. Payments, Certificates of Purchase and Pat- ents. V. Selection and Sale of University Lands. VI. Proceedings against Delinquent Purchasers. VII. Miscellaneous Provisions relating to Public Lands. ARTICLE I. GENERAL PROVISIONS RESPECTING THE PUBLIC LANDS. § 3395. Register to keep certain accounts and records. § 3396. Must keep plats and note locations thereon. § 3397. Must note on plats the issuing of certificates or patents. § 3398. Surveyor General to be State Locating Agent. § 3399. Agent at Washington. (Repealed.) § 3400. Qualification and residence of Agent. (Repealed.) § 3401. Duties of Agent. (Repealed.) § 3402. Compensation. (Repealed.) § 3403. Mode of payment of Agent. (Repealed.) § 3404. Purchasers of lands must pay expenses, etc. (Re- pealed.) § 3405. Surveyor General to keep certain records. § 3406. Duty of Surveyor General on application for pur- chase. § 3407. Same. § 3408. When townships are surveyed. (Repealed.) § 3409. Statement as to condition of school sections. § 3410. Registers and Receivers, how compensated for ser- vices. 675 Public Lands. §§ 3395-3397 § 3411. Surveyor General to represent State In contests. 5 3412! Place of taking testimony to be fixed. § 3413. Attorney General, attendance. Traveling expenses. § 3414. Contest, how disposed of. I 3415. Same. § 3416. Effect of judgment. § 3417. Limitations. I 3418. Duty upon application for survey. (Repealed.) § 3419. Same. (Repealed.) § 3420. Upon refusal of County Surveyor. (Repealed.) § 3421. Surveys, how made. (Repealed.) § 3422. County Treasurer to report to Register. § 3423. Duty of Register on receipt of report. § 3424. Quarterly reports of the County Treasurers. § 3425. Treasurers to pay over moneys received. § 3426. Moneys to be retained by County Treasurers. § 3427. Interest, how computed and when payable. § 3428. Compensation of County Treasurer and Auditor. I 3429. Instructions and forms. § 3395. The Register of tlie State Land Office must Iveep separate accounts and records in rela- tion to each class of lands to which the State is entitled, which must show: 1. The number of the survey or location, and the date of the approval; 2. The name of the locator, the description of the lands by legal subdivisions, the price per acre at whicli they are sold, the amount paid, the date of payment, the number and date of the certifi- cate of purchase; 3. The date of the patent, when it has been is- sued. Register of the State Land office: Surveyor Gen- eral is ex officio: Sees. 350, 497. Deputy, same: Sees. 350, 497. Clerks, sec. 343. Duties, referred to as being prescribed in this portion of Code: Sec. 498. Salary of Clerks, sec. 500. Fees, sec. 501. Bond, sec. 502. § 3396. He must also keep plats of such lands, upon which all approved locations and surveys must be designated by their numbers. § 3397. Wlien certificates of pui'chase or pat- ents are issued, the fact must be noted on the plats. Basis of section: Stats. ISnS, p. 507. Payments, certificates of purcliase and patents: Sees. 3532-3523. §§ 3398-3409 Public Lands. 676 § 3398. The Surveyor General is tlie general agent of the State for the location in the United States Land Offices of the unsold portion of five hundred tliuusaud acres of land granted to the State for school ptiiiwses, and the sixteenth and thirty-sixth sections granted for the use of public schools, and lands in lieu thereof. School lands: Sees. 3494-3503. Booth act: See act of Congress, March 2, 1853, 10 U. S. Stats. 244, for the act reserving to Cali- fornia for school purposes the sixteenth and thir- ty-sixth sections of each township. § 3399 to 3404. Section number three thou- sand three hundred and ninety-nine, three thou- sand four hundred, three thousand four hundred and one, three thousand four hundred and two, tliree thousand four hundred and three, and three thousand four hundred and four are hereby re- pealed. [Repealed Jan. 19, 1874; Amendments 1873-4, p. 139. In effect January 19, 1874.] § 3405. The Surveyor General must provide the necessary record book, and cause all lists or patents for lands from tlie United States to be re- corded therein. § 3406. The Surveyor General must, whenever apijlication is made to him for any portion of the lands mentioned in section 3398, communicate with the United States Land Office, and ask that the lands described in the application be accepted in part satisfaction of the grant imder which it is sought to be located. § 3407. When the acceptance of the Register of the United States Land Office is obtained, he must give to the party applying a copy of his ap- proval. § 3408. All of section three thousand four hun- dred and eight of the Political Code is hereby re- pealed. [Repealed April 3, 1876: Amendments 1875-6, p. 57. In effect April 3, 1876.] § 3409. Tlie Sm-vevor General must, after the survey of any township by the United States Sur- veyor General, obtain from the Ignited States Land Office a statement, showing whether or not 677 Public Lands. §§ 3410-3414 the sixteenth and thirty-sixth sections therein be- long to the State. Application to purchase sixteenth and thirty- sixth sections: See sec. 3495, post. § 3410. The Rejristers and Receivers of the United States Land Ofiices must present their ac- counts for services rendered the State to the Sur- veyor General, who, if he finds the same correct, according!: to fees allowed Registers and Receivers by Act of Congress, or by the Department of the Interior, must certify the same to the State Board of Examiners, who must audit and allow sxich ac- counts, and they must be paid out of the General Fund. Basis of section: Stats. 1870, p. 14. State Board of Examiners: Sees. G54-683. § 3411. The Surveyor General must represent the State in all contests between it and the United States in relation to public lands. § 3412. When he desires to take testimony un- der the provisions of the Act of Congress to quiet land titles in California, passed July, eighteen hundred and sixty-six, he must request the Unit ed States Surveyor General to fix a place conven- ient of access by the witnesses, and the time foi taking such testimony. § 3413. He may require the Attorney General to attend and represent the State at the taking of such testimony; and the traveling expenses of each are a charge against the State. All claims for traveling expenses must be audited and allow- ed by the Board of Examiners, and paid out of the General Fund. But not more than fifteen hun- dred dollars must be alloAved in any one year for such expenses. Board of Examiners: Sees. 654-683. § 3414. When a contest arises concerning the approval of a survey or location before the Sur- veyor General, or concerning a certificate of pur- chase or other evidence of title before the Reg- ister, the officer before whom the contest is made ma.v, when the question involved is as to the sur- vey, or one purely of fact, or whether the land ap- §§ 3415-3421 rublic Lands. 678 plied for is a pai't of the swamp or overflowed lauds of the ^tate, or whether it is included with- in a confirmed jirant, the lines of which have been run by authority of law, proceed to hear and determine the same; but when, in the judgment of the officer, a question of law is involved, or when either party demands a trial in the Courts of the state, he must make an order refeiTing the con- test to tlie District Court of the county in which the laud is situated, and must enter such order in a record book in his office. District Court — superseded bv Superior Court under Const. Cal. 1879, art. 22, sec. 3. Form of application to purchase in sixteenth and thirty-sixth sections: See post, sec. 3495. Same of swamp-land: Sec. 3443. § 3415. After such order is made either party may bring an action in the Superior Court of the county in which the land in question is situated, to determine the conflict, and the production of a certified copy of the entry, made by either the Surveyor General or the Register, gives the Court full and complete jurisdiction to hear and deter- mine the action. [Amendment approved April 28. 1880; Amendments 1880, p. 108. In effect April 28, 1880.] § 3416. Upon filing with the Surveyor General or Hegister, as tiie case may be, a copy of the final judgment of tlie Court, that officer must approve the survey or location, or issue tlie certificate of purchase or other evidence of title in accordance with such judgment. Must approve the survey or location— on this provision as well as sees. 3414 and 3415. § 3417. Unless the party contestant com- mences his action within sixty days after the or- der of reference is made, his rights in the prem- ises and under his application cease. §§ 3418 to 3421. Sections three thousand four hundred and eigliteen, three thousand four hun- dred and nineteen, thi'ee thousand four hundred and twenty, and three thousand four hundred and twent.v-one of the Political Code are hereby re- 679 Public Lands. §§ 3422-3425 pealed. [Repealed March 2S. 1874: Amendments 1873-4, p. 141. In effect March 28, 1874.] § 3422. Upon the first day of every month the County Treasurer must make a report to the liegister of all moneys received for land during the preceding month, showing the number of the location or survey, the name of the purchaser, and the amount paid since the date of his last report, whether as principal or interest, which amounts must be entered in the columns belonging to the particular class of land upon which each pay- ment has been made. The payment of the fee for the certificate of purchase must also be entered in the proper column, and the Treasurer must then send the report to the Auditor, who must compare the items with the account of the Treas- urer; and if the same agrees with his entries, countersign the report and l-eturn it to the Treas- urer. Payments— Certificates of Purchase, and Pat- outs: See sees. 3512-3523. § 3423. These reports must be forwarded to the Register at once, and upon receipt thereof the Register must enter the payment so reported to the credit of the pnrchaser in the books of his office. He must notify the County Treasurer of the receipt of his report, and if it is not correct, return it for correction. § 3424. At the end of each quarter the County Treasurer must report to the Controller of Stiite the sum which has been received during the quar- ter upon each class of land; which report must be referred to the Register for examination and com- parison with the books of his office. § 3425. When the Register certifies to the cor- rectness of the report it must be returned to the Controller, who must thereupon make his settle- ment with the County Treasurer, who must pay over to the Treasurer of State all moneys. Con- troller's warrants, or other evidences of State in- debtedness wliich he may have received in pay- ment for such lands, f>xcept as provided in the next section. §§ 3426-3429 Public Lands. 680 § 3426. The County Treasurer must retain all moneys arising: from the sale of swamp and over- flowed lands, and place the same to the credit of a Fund known as the "SAvamp Land Fund" of the county. Swamp and Overflowed Lands— Salt Marsh and Tide Lands: Sees. 3440-3488. § 3427. The County Treasurer must compute interest on all sales from the date of the approval of the survey, or the date of the certificate of lo- cation, to the first of January following such date; or if for lands already purchased, then up to the first of January following the day upon which the interest falls due; after which time all payments of principal or interest fall due on the first day of January. § 3428. [Repealed, act April 1, 1897. Stats. 1897; ch. cclxvii. In effect immediately.] § 3429. The Surveyor General and Register must issue all instructions, and prepare and have printed all blank forms necessary to caiTy into operation the provisions of this chapter. Actual settlers- State lands to be granted only to: Const. Cal. 1879, art. 17, sec. 3. Public Lands. ARTICLE II. SWAMP AND OVERFLOWED, SALT MARSH, AND TIDE LANDS. Swamp lands, etc. ; price and manner of payment. Surveys not to be approved until land segregated. Settlers preferred purchasers for six months. Affidavit for purchase of swamp land. If made by female, what must show. Land segregated, b\it not seetionized. Formation of reclamation districts, petition for. Verification and publication. District situated partly in different counties. Proceedings on approval of petition. Petition, where to be recorded. Duty of Register on receipt of copy. District by-laws and Trustees. By-laws must be signed "and recorded. Powers of Trustees. Board of Trustees to report plans, etc. Commissioners to assess charges for reclamation, etc. 3457. Warrants, presentation, etc. 3458. District situated partly in different counties; charges, where paid. 3459. Additional assessments. 3460. Commissioners to make assessment lists. 3461. Contents of lists. 3462. Lists, where filed. 3463. Lien acquired by filing lists. 3464. Credit to be given to owner of land. 3465. Payment, how made. 3463. Delinquent assessments, how collected. 3467. Work of reclamation to be dope under direction of Trustees. 3468. Accounts to be kept open to inspection. 3469. Subsequent purchasers governed by by-laws. 3470. Rights of such purchasers, how secured. 3471. Property may be condemned for reclamation pur- poses. 3472. Owners may reclaim without intervention of Trustees. 3473. Their powers and duties. 3474. When works of reclamation are in progress, inter- est to cease. 3475. Power of Sujicrvisors to let contracts, etc. 3476. Certificate of completion of work, etc. 3477. Credit when given, statement forwarded and moneys paid over. 3478. Old districts may reorganize under this chapter. §§ 3440,3441 Public Lands. 682 § 3479. Trustees may compromise indebtedness of, and levy tax to pay the same. § 3480. Bonds and warrants redeemed may be used by Trustees in purchase of land in district. § 3481. Unreclaimed lands may be set ofiE in separate dis- trict. § 3482. Liability of such district for original indebtedness. § 3483. Districts, how designated. § 3484. In Sacramento, Supervisors may employ clerk. § 3485. Payment on lands sold for five years or less, when to be made. § 3486. Occupants of land on banks of stream liable for damages, when. § 3487. Proof in mitigation of damages. § 3488. Ceitain lands excepted from the provisions of tnis chapter. § 3489. Reorganizing and consolidating swamp districts. § 3490. Injuries to levees. § 3491. Election of Trustees. § 3492. Petition for reclamation district. § 3493. Dissolution of district. § 34931/^. Action to determine validity of assessment. § 3440. The swamp and overflowed, salt marsh, and tide lands belonging to the Sta.te must be sold at the rate of one dollar ($1 00) per acre, in gold coin, payable, twenty per cent of the prin- cipal within fifty days from the date of the ap- proval of the survey by the Surveyor General, and the balance, bearing interest at the rate of seven per cent per annum, payable in advance, is due and payable one year after the passage of any Act of the Legislature requiring such payment, or before, if desired by the purchasers. Bonds or warrants of districts having an outstanding in- debtedness are receivable in payment for lands in such disti'icts at par. [Amendment approved April 1.5, 1880: Amendments 1880, p. 58. In ef- fect January 1. 1881.] Interest — after foreclosure for non-payment of, purchasers may redeem: Stats. 1881, p. 66. Seven per cent — per anninn is rate instead of ten, as before amdt. 1880. Acts relating to swamp and overflowed lands: See General Laws, title "Swamp and Overflowed Lands." § 3441. The Surveyor General of the State must not approve any application, nor must the Register issue evidence of title for swamp and 683 Public Lands. §§ 3442, 3443 overflowed land, until six mouths after tlie same had been segi'egated by authority of the United States. [Amendment approved March 28, 1874; Amendments 1873-4, p. 141. In effect March 28, 1874.] Before amendment 1874— "application" read "survey of," and last part read "authority of this State or the United States;" and section was based on Stats. 1870, p. 878. Segregation as pre-requisite: See sec. 3406, ante. Compare enactment — given under: Sec. 3548. § 3442. Settlers upon swamp and overflowed lands belonging to the State, who occupy the same for farming or grazing purposes, and whose occupation as evidenced by actual inclosure, or by ditches or monuments showing the actual extent thereof, are preferred purchasers for such lands for six months after segregation. Basis of section— Stats. 1870, p. 878. Settlers — absence of, or expiration of period of purchase, must be stated in affidavit of applicant: Sec. 643. § 3443. Any person desiring to purchase swamp and overflowed, or tide lands, above low tide, must make an atfldavit and file the same in the office of the Surveyor General of the State, that he is a citizen of the United States, or has filed his intention to become so; a resident of the State, of lawful age; that he desires to purchase lands (describing them) under the law providing for the sale of swamp and overflowed and tide lands; that he does not Ivuow of any valid claim to the same, other than his own; and, if the land is swamp and overflowed, that he Icnows the land applied for and the exterior bounds thereof, and knows, of his own knowledge, that there are no settlers tliereon; or, if there are. tiiat tiie land has been segregated more than six montlis by au- thority of the United States, and that the" land wliich he now owns (swamp and overflowed), to- gether with that sought to bo purchased, does not exceed six hun(h-ed and forty acres. [Amend- ment approved March 2S. 1874; Amendments 1S73-4, p. 140. In effect March 28, 1874.] Bona fide settlers— under homestead or pre-emp- §§ 3444-3446 Public Lands. 684 tion claims, protected: See act in Stats. 1881, p. 73. amending act in Stats. 1874, p. 327. § 3444. If the applicant is a female, such affi- davit must also show that she is entitletl to pur- chase real estate in her own name. § 3445. Any person desiring to purchase lands, as provided in section three thousand four hun- dred and forty-three of this Code, which have been segregated by authority of the United States, but which have not been sectionized by the same authority, must apply to the Surveyor of the coun- ty in which the land is situated, to have the land whicli he desires to purchase surveyeil, and a cer- tificate of such siu-vey must be attached to the affidavit requix'ed for the purchase of lands, as provided in said section. All surveys, required of County Surveyors by the provisions of this sec- tion, must conform, as nearly as practicable, to the system adopted by the United States for the survey of the public lands. [Amendment ap- proved March 28, 1874; Amendments 1873-4, p. 141. In effect March 28, 1874.] § 3446. Whenever the holders of title or evi- dence of title representing one-half or more of any body of swamp and overflowed, salt marsh, or tide lands, susceptible of one mode of reclama- tion, desire to reclaim the same, they may pre- sent to the Board of Supervisors of the county in whicli the lands or the greater part ther€K)f are situated, at a regular meeting of the Board, a pe- tition, setting forth that they proi>ose to form a district for tiie reclamation of the same, a descrip- tion of the lands by legal subdivisions or other boundaries, the county in which they are situated, the number of acres in the proposed district and in each tract, with the names (if known) of the oAvners thereof, and designating as imsold any lands not reduced to private ownership. [Amend- ment approved March 30. 1874: Amendments 1873-4, p. 4.5. In effect July 6. 1874.] Reorganization of district under the code: See sec. 3478. post. Reclnmation district a public corporation: See sec. 3452. post. 085 rublie Lauds. §§ 344:7-o451 § 3447. The petition must be verified by the afiidavit of one of the petitioners, and must be published for four weelis next preceding the hear- ing: 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 publishetl in some newspaper hav- ing a general circulation in the county, and an affidavit of publication must be filed with such petition. § 3448. When a district is situated partly in different counties, the trustees must, after the pe- tltiou has been granted, forward a copy thereof to the Clerlv of the Board of Supervisors of each of the counties in which any portion of the district may lie; and the Board to whicli the same is for- warded must not allow another district to be formed within such district, imless with the eon- sent of the Trustees thereof. Boards of Supervisors of Yolo and Solano Counties— may approve any petition presented pursuant to sees. 3446 and 3447, whether lands form part of another district or not: See Stats. 1874, p. 602. § 3449. If the Board of Supervisors find, on the hearing of the petition, that its statements are correct, they must make an order approving the same. If it be shown that any land has been improperly included in or excepted from the pro- posed district, they must re-form the district in such respects in their order. Tlie order of ap- proval must be indorsed on or attaclied to the pe- tition, and be signed by the Presiroved March thirtieth, eighteen liundred and sixty-eight, and in the act supplemental and amendatory thereto, approved April first, eighteen hundred and seventy, must be disposed of as in such acts provided, which are hereby continued in force. [Amendment approved March 31. 1891; Stats. 1891, p. 215. In effect immediately.] § 3489. Swamp land, levee, and reclamation districts formed, organized, or erected into dis- tricts under special or general laws heretofore or now in force, may reorganize and consolidate in the manner following: Whenever the owners of a majority of acres of land in each of two or more swamp land, levee, or reclamation districts, shall desire to consolidate and reorganize, they may do so by filing a notice with the County Recorder of the county in which the greatest portion of the land of the districts is situated, setting forth that they desire to consolidate and ro^ tice must give the exterior boundaries of the said district, the name and number of each of them. the number of acres of land that each contains, and must be signed by the persons owning the majority of acres of land in each district, and shall designate the number of acres owned by § 3489 Public Lands. 700 each signer in tbe flistrict in wliicli the same is situated. The County Recorder shall record and [saidV] notice in a booli Ivept for the purpose of recording papers in relation to swamp land and levee districts. He shall malie a certified copy of said notice, and forward tbe same to tbe State Land Register, who shall designate a number for tbe reorganized district, tbe same as provided for in original organizations, after wbicli time the district shall be known as Iteclamation District Nrjnber , and shall be under tbe operation and governed by tlie general reclamation laws of the State, as provided in "Title Eight, Chapter One," of tbe Political Code, and the acts amendatory thereof; and all proceedings thereafter shall be tbe same as though said district was organized upon an original petition and granted by the Board of Supervisors; provided, however, that such consolidation and reorganization shall in no manner invalidate tbe indebtedness of the orig- inal districts; and all tlie laws, rules, and regula- tions for tbe assessing, levying and collecting taxes or assessments in said district shall remain and be in full force, and all levies, assessments and collections required for tbe payment of the then outstanding indebtedness in said districts, shall be tbe same as though they bad not con- solidated and reoi-ganized until such indebtedness shall be paid and liquidated. The owners of a majority of acres of land in a compact form, ca- pable of being embraced in a swamp land or re- clamation district contiguous thereto and not a part of another district, may, by consent of the Trustees of such district, have such land em- braced within such district, by filing a notice with tlie County Recorder of tbe county in which such district is organize^l; the notice must give the ex- terior boundaries of said land, the number of acres of land therein, as near as may be, and must be signed by tbe persons owning the majority of acres of laud therein: and there shall be attached thereto or indorsed thereon a written consent of the Trustees of said district that said land be em- braced therein. Said notice shall be filed with the County Recorder of tlio county aforesaid, and re- coi-ded by him in a book kept for that purpose. For the time of filinsr of such notice, said land 701 Public Lands. §§ 3490,3491 shall become and be held as a part of such dis- trict; provided, that the reorganization and con- solidation of any two or more districts under the provisions of this act shall not be so construed as to legalize the original organization of any said districts reorganized and consolidated under this act; nor shall any indebtedness or any act of any of said districts, or the officers thereof, prior to the act of reorganization and consolidation, be legalized by this act; provided, further, that no land not included iu some of the original districts shall be included in the reorganization and con- solidation without the consent of the owner. Nor shall any land purcliased of the United States government be included in the reorganization and consolidation without the consent of tlie owner thereof, althougii the said government land may have been included in some of the original dis- tricts. [Amendment approved ^Nlarcli 80, 1878; Amendments 1877-8, p. 62. In effect in sixty days.] Districts formed before Code are subject thereto: See General Laws, tit. Reclamation Disti-icts. § 3490. Any person, who shall cut, injure, or destroy any levee or other worivs of reclamation in any district, is responsible for all damages which may be occasioned thereby to such levee worliS; and an action tlierefor must be brought in the Superior Court of the county, or either of the counties in w^hich such levee or Avorlvs are situated, in the names of the Trustees of the district. If there be no Trustees, then the action may be brought in the name of any land-owner in the district. The amount re- covered in such action must be paid to the Treas- lu-er of the county, who must place the same to the credit ot the district. [Amendment approved April 3, 1880; Amendments 1880, p. 23. In effect April 3. 1880.1 Injuries to levees or otlier works of reclama- tion—by mobs or riots: Sec. 44.57: punishment for such and kindred offenses. Penal Code, sec. 607. § 3491. In each reclamation district in this State, formed under this Code or any statute, there sliall be an election every two years, held at such time and place, in or near the district, and § 3491 rublic Lands. 702 after such notice as the Board of Supervisors shall direct; provided, that the notice shall not be less than one month, and at such election each bona fide owner of lands in the district shall be en- titled to vote in person or by proxy, and shall have right to cast one vote for each one dollar's worth of real estate owned by him or her in the district, the value thereof to be determined from the next preceding assessment roll of the county, and a majority of the votes cast at such election shall elect. In all elections for Trustees every owner of real estate shall have the riglit to cumulate his or her votes, and give one candidate as many votes as the number of Trustees to be elfn by the number of dollars' woilh of real estate owned by him or her shall equal, or to distribute them on the same principle among as many can- didates as he shall thinli fit. The Board of Super- visors to which the petition for the formation of the disti'ict was presented shall, upon the applica- tion of any landholder in the district, appoint a time and place for holding suc-h election, which election shall be held within sixty days from the time of such application: the place shall in all cases be in or near the district. Notice of such election shall be given by publication for not less than one month in a newspaper in each county in which any portion of tlie lands of the district are situated, if any newspaper is published therein, and if not, then in a newspaper having general cir- culation in such county. The Trustees elected un- der the provisions of section three thousand four hundred and fifty-two shall hold office until their successors are elected under the provisions of this section. For the purposes of such election the Board of Supei'visors of tlie county in which the whole or the largest part of the lands of any dis- trier are situate, must appoint from the land- holders of the district one Inspector and two Judges of Election, Avho shall constitute a Board of Election for such district; but in case the Boai'd of Supervisors fail to appoint, or tlie persons ap- pointed fail to attend at the time and place ap- pointed for the election, the voters present at the time and place of opening the polls may appoint the Board, or siipply tlie iilaoe of an absent mem- ber thereof. Each member of the Board must, upon entering upon his duties, be sworn to a faith- 703 Public Lands. § 3492 ful performance thereof by some officer author- ized to administer oaths. The Board of Election must canvass the votes cast and issue certificates of election to the persons elected, and must place the ballots, when canvassed, in an envelope and forward the same, sealed, to the Clerk of the Board of Supervisors. Any legally qualified voter may challenge any vote, and the Board of Elec- tion shall determine, by the oath of the parties or otherwise, as they may thiulv proper, whether or not the person challenged is entitled to vote, and in case of challenge, either one of the Board of Election is hereby authorized to administer oaths. The polls shall be open from ten A. M. until four P. M. In case of vacancy in the Board of Trus- tees, the Board of Supervisors shall, by appoint- ment, fill such vacancy. [New section approved April 15, 1880; Amendments 1880, p. 60. In effect April 15, 1880.] Act relating to appeals from orders relating to disti'icts: See General Laws, tit. "Reclamation." § 3492. The holders of title or evidences of ti- tle representing any body of swamp and overflow- ed, salt, marsh, or tide lands, susceptible of one mode of reclamation, and already reclaimed, or in progress of reclamation, and not included in any existing reclamation district, who may desire to form a I'eclamation district for tlie maintenance, protection, and repair of the reclamation works, in, upon, or appertaining to such body of lands, or for the completion of the reclamation thereof, may present a similar petition to that provided in section three thoiisand four hundred and fox'ty- six. And such proceedings shall thereupon be had in respect to such petition as are provided in respect to other petitions for the formation of reclamation districts; and if the same be ai^proved, It shall I)e recorded, and the Register shall forward his statement, and by-laws shall be adopted, filed, and recorded, and elections called and held in the same manner as is provided in other cases. Such districts, Avhen formed, and the Board of Trustees thereof, shall have all the rights, immunities, powers, and privileges of other reclamation districts and the Boards of Trustees thereof. And assessments may be made, appor- tioned, and collected for the maintenance, pro- § 3493 Public Lands. 704 tection, or repair of such reclamation works, or for tlie completion of such reclamation, in the like manner as is provided for making, apportioning, and collecting assessments in case of other recla- mation districts. [In effect March 19, 1889.] § 3493. An action may be brought by the At- torney General in the name of the people of this State, upon his own information or upon the complaint of a private party for the dissolution of a ST\'amp land or reclamation district for a nouuser of its corporate powers. In such action the complaint and summons may be served per- sonally upon a nrnjority of the trustees of such district, or upon the president of the board of trustees. If two or more districts have been formed to include all or a portion of the same lands, they may all be joined in the same action. In any such action, when service of summons has been made upon the defendant or defendants, and the defendant or defendants have appeared or default been entered, the court, upon the ap- plication of any of the parties, shall thereupon en- ter an order fixing a day for hearing, which shall not be less than twenty-five days from the date of the order, and sliall, also, enter an order di- I'ecting notice by publication, to be given by the clerk to all persons interested in said district or districts, either as owner or owners of land in said district or districts or creditors of said district or districts, or othenvise. requiring them to l>e and appear on the day fixed for the hearing of said cause, if any they have, why the district or districts named in the complaint, as defendant or defendants, should not be dissolved. The court shall order the notice to be served by publication in some newspaper of general circulation pub- lished in the county where the district or dis- tricts are situated, for a ijeriod of not less than twenty days. On the day fixed for a hearing or some later date to which the cause may be con- tinued, the court may proceed with the hearing, due prf)of having been first made of the service of the notice by publication for the length of time required by tlie order. Any i>erson interested in the district or districts that is defendant or de- fendants shall upon showing his interest be al- lowed to file an answer or objections to the disso- 705 Public Lands. § 34931/2 lutioDS of the defenclaiit or defendants, and shall from the liling of said answer or objections be- come a party defendant, and be entitled to all the rights 01 a defendant in any civil action. Any vacancy in the board of trustees heretofore or hereafter caused by resignation, death, removal from the State, or otherwise, may be filled by the Board of Supenisors of tlie county in which the district is situated upon the application of any person or persons owning land in the district. The appointment of a trustee or trustees to fill a vacancy or vacancies shall not operate to destroy or remove any cause of action existing before such appointment or appointments were made, against the corporation or district for non-user of its corporate poAvers; provided, suit be commenced within one year after the passage of this act. If upon the trial of any such action it be determined by the Court: 1. That trustees have not been elected for said corporation within five years prior to the passage of this act. 2. Tliat the trustees have not within five years, prior to the passage of this act, exercised any of the poAvers of a corporation, or performed any of the duties of trustees. 3. That the corporation is not in debt, or if in debt, tliat all claims are barred by the statute of limitations, the court shall then enter a decree dissolving the corporation, or malvc sucli further order as may be deemed necessary to protect the rights of all parties interested. [Amendment approved Marcli 27. 1897; Amendments 1897, chap, cxxxiii. In effect immediately.] § 3i93\^2- At any time within one year after the filing of the list mentioned in section three thousand four hundred and sixty-two. the board of trustees of tlie district may, in the name of the district, commence and ]>rosecute an action in the superior court of the county in which the district is situated, or if the district is situated in different counties, tlien in tlie superior court of the county in \Aiiicli the greater portion of the district is situated, to determine the validity of the assessment; and in said action any one or more of the owners of land embi'aced Avithin the district may, at the election of said board of trustees, be made defendants in said action. § 34931/2 Public Lands. 706 The summons shall require the defendant or de- fendants, if more than one, to answer the com- plaint within ten days after the service of the summons, if served within the State; and if any- one of the defendants upon whom service of the summons shall have been made shall fail to an- swer the complaint within the time specified in the summons, his default shall be entered by the clerk of the court, and judgment shall there- after be given and made against him, without costs. In any action prosecuted under this section, the court shall decree the validity or invalidity of the assessment in accordance with what the court may determine the facts to be. The plaintiff shall only be required to allege in its complaint that plaintiff is a swamp-land or reclamation district, organized and existing under the laws of the State of California, having a board of trustees; that the defendant, or defend- ants, as the case may be. are the respective own- ers of certain several tracts of land situated in the district; that within one year next preceding the date of the filing of the complaint, the sum of !? (naming the ftdl amount of the assess- ment) was, by commissioners of assessment duly authorized and empowered therefor, legally as- sessed upon the lands situated within the district, in tlie manner required by law; that the list re- quired by section three thousand four hundvpri and sixty was filed in office of the county treas- urer of county (designating the county in which the district is situated) on the day of , • (specifying the date of such filing), or if the district be situated in different counties, then that the original list was filed with the county treasurer of county (designating the county where the petition was filed), and that a copy of said list, certified by the said commissioners of assessment, was filed with the county treasurer of each of the other said counties (respectively designating the name of eacli county, and speci- fying the day and date when such copy of said list was filed with the county treasurer thereof, and that the defendant, or defendants, if more than one. dispute and deny the validity of said assessment). 707 Public Lands. § 3493yo The complaint must also separately describe the tract or tracts of land belonging to each of the defendants in the action, designatng the name or names of the owners thereof, respect- ively; and must state the amount assessed upon and against each of said tracts. Any one or more persons owning land embraced within the district who shall not have been made a defendant or defendants originally in the action may, at any time before the trial of the action (and without applying to tlie court for leave), voluntarily submit themselves, respectively, to the jurisdiction of the court in the action, by filing their respective answers therein, and serv- ing copies thereof upon the plaintiff's attorneys; and the judgment thereafter given and made in the action shall be as conclusive and as binding upon each of them, respectively, and their re- spective executors, administrators, heirs and as- signs, as it would have been had they been made defendants in the action originally, and service of the summons had been duly made upon them as original defendants therein. If any defendant contests the validity of the assessment, he shall set forth in his answer Avherein the assessment is illegal, and his answer must be verified. Neither the commencement nor the prosecution of an action under the provisions of this sec- tion shall be a bar to or prevent the commence- ment or the prosecution of an action brought un- der other provisions of the code for the recovery of money assessed upon the lands situated in any reclamation district; but the judgment given and made in the action brought \inder the provisions of this section shall be conckisive between the parties thereto as to the validity or invalidity of the assessment; and all actions prosecuted under the provisions of this section shall be tried with- out unnecessary delay, and shall have precedence of all other actions, except probate and criminal actions. [New section added March 28, 1893; Stats. 1893, p. 208.] §§ 3494,3495 School Lands. 708 ARTICLE III. SCHOOL LANDS. § 3494. School lands: price: payment, when to be made. § 3495. Affidavit on application to purchase. § 3496. Affidavit, when applicant is a female. § 3497. Occupants protected. § 3498. Applications must not be approved for sixty days. § 3499. Contests, how determined. § 3500. Applications for other than 16th and 36th sections. § 3501. Affidavit, when female is an applicant. § 3502. Land warrants received in payment. § 3503. Relinquishment of State title. § 3494. The unsold portion of the five hundred thousand acres granted to the State for school purposes, the sixteenth and thirty-sixth sections, and lands selected in lieu thereof, must be sold at the rate of one dollar and twenty-five cents ($1.25) per acre, in gold coin, payable, twenty per cent, of the principal within fifty days from the date of the certificate of location issued to the purchaser; the balance, bearing Interest at the rate of seven per cent, per annum. In advance, is due and payable within one year after the pas- sage of any act by the Legislature requiring such pavment. or before, if desired by the purchaser. [Approved April 15. 1S80: Amendments 1880. p. 58. In elfect January 1. 1881.] School lands: Sees. 3398. 3406-3409. Act providing for applications for purchase: See General Laws, title "School Lands." § 3495. Any person desiring to purchase any portion, not less than the smallest legal subdivis- ion of any of the lands mentioned in section thirty-four hundred and ninety-four, situated in any township which has been surveyed by the United States, must make an affidavit that he is a citizen of the L'nited States, or has filed his in- tention to become such, a resident of this State of laAvful age. that he desires to purchase such lands (describing the same by legal subdivisions) under the provisions of this title; that there is no occupation of such lands adverse to any that he has. or if there in an adverse occupation the affi- davit must show that the township has been sec- 709 School Lands. § 3495 tiouized three months, and that the adverse occu- pant (giving his name) has been in such occupa- tion more than sixty days since the plat was filed in the United States Land Office; that he desires to purchase the same for liis own use and benefit, and for the use or benefit of no other person or persons whomsoever, and that he has made no contract or agreement to sell the same. The affidavit must also state whether the land is or is not suitable for cultivation, and if it is, that the applicant is an actual settler thereon, and that he has not entered any portion of any lands men- tioned in section thirty-four hundred and ninety- four, which, together with that now sought to be purchased, exceeds three hundred and tAventy acres; but if the land is not suitable for cultiva- tion tlie affidavit must fiu'ther state that the ap- plicant has not entered any portion of such lands, which, together with that now sought to be en- tered, exceeds six liundred and forty acres. Lands unsuitable for cultivation may be sold in quantities not exceeding six himdred and forty acres to any one person, under the restriction other than as to actual settlement prescribed for the sale of cultivable lands. The Surveyor Gen- eral and Kegister of the Land Office must make and enforce all necessary rules and regulations to prevent the sale of scliool lands suitable for cultivation to any person not an actual settler thereon; provided, that any smallest legal subdi- vision of school lands shall be deemed suitable for cultivation if any part not less than one half of its area will, Avithout artificial irrigation, but with or Avithout the clearing of timber or other growth therefrom, by the ordinary processes of tillage, produce ordinary agricultural crops in average quantity; and provided, that any contest of the applicant's right to purchase, ari.sing from the character of the land as cultivable or other- wise, may be referred to the superior court of the proper county, as in other cases, for deter- mination; and provided further, that no contest of tlie applicant's right to purchase, arising from adverse occupation, shall be maintained, except by a. prior adverse occupant, who shall have filed an application to purchase the land under tlie provisions of this section, and no occupation of land by a person other than the applicant sliall Pol. Code— 00. §§ 3496-3498 School Lands. 710 be an adverse occupation within the meaning of this section, unless such occupation is by a per- son who is entitled to purchase the same under tlie provisions hereof, and who files his applica- tion therefor within the time prescribed by sec- tion thirty-four hundred and ninety-seven of this Code. [Amendment approved April 1, 1897; amendments, 1897, chap, cclxxv. In effect imme- diately.] Eights of occupant: See sec. 3497. § 3496. If the applicant is a female, the affi- davit must show that she is entitled to purchase and hold real estate in her own name. § 3497. Every occupant of a sixteenth or thirty-sixth section is pi'otected in his occupancy for three months after the township has been sec- tionized; and any person settling upon a six- teenth or tlnrty-sixth section after a township has been sectionized has sixty days after such settle- ment in which to file the application required in the preceding section. Bona ride settlers preferred purchasers— Stats. 1874, p. 543. Traci reserved from sale — Stats. 1876, p. 679. Act to legalize applications approved March 27, 1872; Stats. 1871-2. p. 622. Act for relief of purchasers of State land: ap- proved March 27, 1872; Stats. 1871-2. p. 587. § 3498. All applications, under whatsoever act, filed in the office of the Surveyor General, must be retained ninety days before approval, and must be approved (when there is no conflict) by the Surveyor General, at the expiration of six months, subject, however, to the provisions of sections three thousand four hundred and six and three tliousand four hundred and seven of this Code, and all unapproved applications, which have been on file over six months, wherein the approval has not been demanded, and wherein the contest has not been referred to court, or a demand made for an order of reference, as pro- vided in section thirty-four hundred and fourteen of tlie Politicnl Code shall be mill and void. rAmeudmeot approved March 14. 1885: Stats. 1885. I). 139. In effect August 1. 1885.] 711 School Lands. §§ 3499-3503 Retention sixty days: See under sec. 3548. Disposition of contest: Sees. 3414-3416. § 3499. If two or more claim tlie same land, the contest must be determined as provided in article I of this cliapter; but no person has a right to purchase by reason of any settlement or im- provement, unless application is made vrithin the time above prescribed. Contests: See sec. 3414. § 3500. Any false statement contained in the affidavit provided for in section three thousand four hundred and ninety-five, defeats the right of the applicant to purchase the land, or to re- ceive any evidence of title thei'eto, and, if will- fully false, subjects him also to punishment for perjury. Timber lands belonging to the State shall be sold for cash only, and the Surveyor General and Register of the State Land Office must mal^e and enforce all necessary I'ules and regulations to pre- vent the sale of or issuance of any evidence of title to any timber lands of this State, except on payment in cash, of the full price fixed therefor by law. [Approved March 18, 1885.] § 3501. If the applicant is a female, the affi- davit must also show that she is entitled to pur- chase real estate in her own name. § 3502. School land wari'ants issued by au- thority of the State are receivable in payment of the purchase money of any part of the five hun- dred thousand acres of land granted to the State for school purposes. Such payment must be made to the Register and tlie warrants canceled before the certificate of purchase is issued. Proceeds of State school lands — investment in bonds bv Board of Examiners for State School Fund: Stats. 1872, p. 54. Act for presentation and cancellation of unlo- cated school warrants. See General Laws, title "State Lands." § 3503. In all cases where any person has purchased any part of a sixteenth' or thirty-sixth section from the United States, or shall hereafter make such purchase, or shall be an actual settler § 3512 Purchase and Patents. 712 on any sixteenth or thirty-sixth section, and en- titled to a pre-emption tliereto under the laws of the United States, for which lands this State has received indemnity, or will or would be entitled to indemnity under the laws of the United States, tlie right of the State to such sixteenth and thirty-sixth sections, or parts thereof, are relin- quislied to the United States for the use of such purchasers and their assignees, and of such pre- emptors. "When any person who is in good faith a settler upon any such lauds, fails to^acquire a title thereto from the United States, he may, within six months after such failure, apply to the State to purchase the same, and his application shall have preference over all other applications for the purchase of such lands. [Amendment ap- proved March ?,(), 1S74; amendments 1873-4, p. 52. In effect July 6, 1874.] Act to protect bona fide settlers on public land: See act approved March 23, 1874; Stats. 1873-4. p. 543. ARTICLE IV. PAYMENTS, CERTIFICATES OF PURCHASE, AND PATENTS. § 3512. Payments, how made. § 3513. Failure to pay to work forfeiture. § 3514. Certificate of purchase. Evidence of title. § 3515. Certificates of purchase may be sold. § 3516. Sale to be recorded. § 3517. Compensation of Recorder. § 3518. Duplicate for lost certificate of purchase. § 3519. Register to prepare patents, when. § 3520. Patent, how executed. § 3521. When to Issue. § 3522. Patents to be recorded and delivered. § 3523. Effect of patent issued to deceased persons. § 3512. "Whenever any .survey or location has beeu made or approved, the purchaser must, witliin fifty days from tlie date of approval or location, present his copy of the same to the County Treasurer of the county in which the land, or some part thereof, is situated, who must 713 Purchase and Patents. §§ 3513-3515 receive the amount to be paid, and the fee for the certificate of purcliase, indorsing his receipt therefor upon the certificate of location or survey, and returning it to the purchaser. Basis of section: Stats. 1S68, p. 507. Effect of non-payment: See next section. § 3513. In case payment is not made within fifty days, the lands described in the survey or lo- cation revert to the State without suit, and the survey or location is void. All subsequent pay- ments must be made to the County Treasurer, in like manner, who must indorse the same upon the certificate. The Treasurer must direct the pur- chaser to take tlie certificate so indorsed to the Auditor, who must charge the Treasurer with the amount received, and make his check upon the indorsed receipt. Annulling certificate for non-payment: See sec. 3514. § 3514. Whenever the Register receives from a County Treasurer a statement sliowing that an applicant for State lands has made the first pay- ment, he must issue to the person entitled thereto a certificate of purchase, showing the class of land purchased, the number of acres, the price per acre, the date of payment, tlie date from which interest is to be computed, the amount paid, and the amoiint remaining unpaid, which certificate is prima facie evidence of title. [Amendment approved March 30, 1874: amend- ments 1873-4, p. 52. In effect July 6, 1874.] Prima facie evidence — substituted for primary, by amdt. 1874; definition of: Code CiA'. Proc, sec. 1833. C4eueral basis of section: Stats. 1868, p. 507. Act respecting payment in full by holders of ceilificate: See General Laws, title "State Lands." § 3515. Certificates of purchase, and all rights acquired thereunder, are subject to sale, by deed or assignment, executed and acknowledged before any officer authorized by law to talce acknowledg ments of conveyances of real property, or before the Register. Assignee of certificate— like holder, has prima facie title: "Code Civ. Proc, sec. 1925. §§ 3516-3519 Purcliase and Patents. 714 § 3516. All such sales must, when the deed or assij^nment is recorded by the County Recorder, be reported by him to the Register, to be entered in the boolis of his office. § 3517. The Recorder is entitled to receive from the purchaser, for maliing such report, a fee of fifty cents. § 3518. If the owner of a certificate of pur- chase claims that it has been lost, destroyed, or is beyond his control, the Register must talie testi- mony concerning the loss, destruction, or reason why the same is beyond his control. But the party must, before the hearing, make affidavit that he lias not sold the said certificate of purchase, or the land described therein, and must publish a notice in some newspaper in the county where the land is situated, or if there is no newspaper pub- lished in the coimty, then in some newspaper of general circulation in the county, for at least four weeks, describing the certificate and the lands for which the same was issued, stating the name of the person to wliom the same was issued and the person then claiming to own it, together with the time and place of tlie hearing. If the Register is satisfied of the loss or destruction of the certifi- cate, or that it is beyond the control of the person owning the same, he must issue to the owner thereof a duplicate, with the word "Duplicate" written across the face thereof in red ink. Such duplicate shall have the same force and effect as the original. If there Is a contest as to the issu- ing of a duplicate certificate, the Register may hear and determine the same, or may refer it to the proper court, as provided in section thirty- four hundred and fourteen. [Amendment ap- proved March 30, 1874; amendments 1873-4, p. 53. In effect July 6. 1874.] Beyond control, provisions inserted by amend- ment 1874. Affidavit— required by amdt. 1874. § 3519. Whenever final payment has been made for any tract of land, the selection of which has been accepted and approved by the United States authorities, or when the tract finally paid for or reclaimed is swamp and overflowed, salt 715 University Lands. §§ 3520-3533 marsh, or tide lands, tlie Register, upon tlie sur- render of the certificate of purchase by the per- son entitled to the same, must prepare a patent for the land, and send it to tlie Governor, together with a certificate that the laws in relation tliereto have been complied with, that payment in full has been made, and that the party named in the prepared patent is entitled to it. § 3520. The patent must then be signed by the Governor, attested by the Secretary of State, sealed with the Great Seal of the State, and be countersigned by the Register. § 3521. No patent must issue until after the expiration of one year from the date of approval of the survey or location by the Surveyor Gen- eral, nor until the lands are relinquished to the State by authority of the General Land Oflice at Washington. Such relinquishment is not re- quired for locations of the sixteenth and thirty- sixth sections in place, or for swamp and over- flowed lands, shown to be such by the official surveys made by authority of the United States Surveyor General. § 3522. The Register must record all patents in books to be liept in his olfice for that purpose, and then deliver them to persons entitled thereto. § 3523. Where a patent for lands is issued in the name of a deceased person, the title is vested in the heirs, devisees, or assignees of such person, in the same manner as if the patent had issued to such person during life. ARTICLE V. SELECTION AND SALE OF UNIVERSITY LANDS. § 3533. Regents to select and sell certain lands. § 3534. Land Agent of University, duty of. - 1 § 3535. Certain moneys to be paid out. § 3536. Purchasers who have not paid up. § 3533. The Regents of the University may order the selection of the one hundred and fifty §§ 3534-3536 Fniversity Lands. 716 thousand acres of land granted to the State for the use of an Agricultural College, and dispose of the same at the price and in the manner fixed by them. Selection and sale of University lands — act con- cerning: Stats, 1874, p. 356, amd. by Stats. 1880, p. 186 or 36. § 3534. The Land Agent of the University, as the agent of the State, must select the lands ac- cording to the instructions of the board, and is- sue certificates of purchase and patents to pur- chasers AVho comply with the conditions fixed by the board; and the Eegents must invest all moneys accTuing from the sale of lands as they may deem best, subject to the conditions of the Act of Congress granting such lands. § 3535. All moneys, securities, or other prop- erties arising from the sale of the seventy-two sections granted to the State for a seminary of- learuing, and from the sale of the ten sections granted to the State for the erection of public buildings, must be paid out of the State Treas- ury on the order of the Regents of the University. § 3536. All persons who have purchased any portion of either of the grants mentioned in the preceding section, and who have not paid in full therefor, must be included in the delinquent list, and the District Attorney must proceed against such delinquents as provided in sections 3547 and 3548, and the provisions of sections 3548 to 3556, inclusive, are made applicable to such proceed- ings. If such lands revert to the State, they pass under the control of and may be sold by the Board of Regents of the University. Delinquent Purchasers. §§ 354G-3548 ARTICLE VI. PROCEEDINGS AGAINST DELINQUENT PUR- CHASERS. 5 3546. Register to furnish statement of delinquents. § 3547. Delinquent purchasers, and proceedings against. § 3548. Same. § 3549. Service of summon.?. § 3550. Copy of decree to be filed. § 3551. When purchaser may be restored to rights. § 3552. When judgment binds assignee. § 3553. Compensation of District Attorney. § 3554. After filing decree, land subject to sale. § 3555. Costs of suits taxed and collected. § 3553. Subsequent purchasers may defend, etc. § 3546. The Register must, ou the first day of May of each year, forward "to the District Attor- ney of each county a statement embracing all the lands in the couuty upon which payments have not been made, which statement must show the name of the purchaser, the number and date of the survey or location, and of the certificate of purchase, the amount paid, the amount unpaid, and the amount then due. No lands within any reclamation district must be embraced in such statement after the receipt by the Register of the certificate of the Board of Supervisors that woriis of reclamation have been commenced. § 3547. Upon receipt of the delinquent list, the District Attorney must add thereto a notice that if the amount due is not paid in fifty days after the date thereof he will commence suit to fore- close the interest of purchasers in the lands, and must publish the list and notice for four weeks immediately following the date of the notice, in a newspaper published in the county, or if there is no newspaper published therein, tlien he must post copies of the same in at least five public places in the county. § 3548. After the expiration of the fifty days, he must, in the name of tlie p(M)i)le of tlie State of Califoi-nia, commence actions in the Superior Court against all purchasers, or holders of certifi- cates of purchase, who have not either paid the amount due, together with the cost of publication, §§ 3549-3552 Delinquent rurchasers. 718 or surrendered the title to the State, as provided in section three thousand five hundred and seventy, to obtain a judgment of foreclosure of the inter- est of tlie purchaser, or assignee of the purchaser in the land, and to annul the certificate of pur- chase. [Amendment approved April 28, 1880; amendments 1880, p. 110. In effect April 28, 1880.] All applications, under Avhatsoever act, filed in the Surveyor General's office, must be retained sixty days before approval, and must be approved (when there is no conflict) by the Surveyor Gen- eral at the expiration of six months. [In effect April 28, 1880, as sec. 6 of amendatory act: See Stats. 1880, p. 110.] Superior Court— substituted for District Court by amdt. 1880. Compare: Sees. 3441-3498. § 3549. Service of the summons in such ac- tion may be made by publication in some news- paper published in the county for four weeks, or if no newspaper is published in the county, then by posting one copy of the summons for four weeks at the Court-house door of the county, and two copies in public places in the township where the land is situated. § 3550. Twenty days after the entry of judg- ment the District Attorney must file in the office of the Register, and in the Recorder's office of the county in which the land is situated, certified copies thereof. § 3551. The holder of the certificate of pur- chase may. at any time before such filing, pay to the Sheriff the amount due the State, and the costs of suit that have accrued up to the time of payment: wliereupon the District Attorney must dismiss the suit or vacate the judgment, and the purchaser or holder of the certificate of purchase is restored to his rights in the premises. § 3552. A judgment against the purchaser binds the assignee, unless the notice of the assign- ment was filed with the Register before the com- mencement of the action. 719 Delinquent Purchasers. §§ 3553-3556 § 3553. The District Attorney is entitled to re- ceive ten dollars for each suit brought, to be taxed as costs. § 3554. After judgment foreclosing the inter- est of the purchaser or the holder of the certificate has been entered, and the certified copies filed, the land is again subject to entry and sale. § 3555. Upon the rendition of a judgment fore- closing the interest of the purchaser or of his as- signs in the land, and annulling the certificate of purchase, judgment for costs must be entered against the defendant; but if execution issued thereon is returned not satisfied, the judgment and costs must be paid from the principal or in- terest paid by the purchaser at the time of the original location. Act to enable purchasers to redeem the land; See act approved March 7, 1881; Stats. 1881, p. 65. § 3556. Any person having a conveyance of the whole or any portion of the lands described in any certificate of purchase, to annul which suit has been commenced, but to whom the certificate has never been surrendered, may defend such action; and if it appears to the Court that he is entitled to any portion of the lands described, and the holder of such certificate does not pay the amount due, the Court must order the certificate annulled and a new one to issue to such person upon payment into Court by him of the amount due the State upon the whole tract; and such person is thereupon entitled to two certified copies of the decree, one of which he must file in the County Recorder's oflice, and the other with the Register. §§ 3566-3568 Miscellaneous Provisions. 720 ARTICLE VII. MISCELLANEOUS PROVISIONS RELATING TO PUB- LIC LA.NDS. § 3566. Duplicates for lost or defaced land warrants. § 3567. Same. § 35G8. Same. § 3569. Same. § 3570. Abandonment of entry or location, how made. § 35l71. If lands sold are not the property of the State. § 3572. Same. § 3573. Certain applications made valid. § 3574. Fee?, application of. § 3566. Any person making application for a duplicate scliool land warrant, in lieu of one lost or destroyed, must mal^e proof by affidavit to the Register that he is the OMmer of such warrant, that it has not been located, and of the facts es- tablishing the loss or destruction thereof, and must file witli the Register a bond, with two or more sureties, to be approved by the Register, payable to the State of California, in double the value of the warrant, conditioned that the war- rant will not be presented for location. § 3567. When for want of a proper acknowl- edgment of an assignment of the original land warrant, or partial destruction or defacement thereof, or for any other cause, it cannot be made available, the applicant must prove that he is the owner of the wax'i-ant, and that it has not been located, and must tile the original for cancella- tion with the Register. § 3568. The Register must certify that the ap- plicant is entitled to a duplicate Avarrant in lieu of the one proved to have been lost or destroyed or presented for cancellation, and upon presenta- tion of such certificate to the Governor he must deliver to the applicant a duplicate warrant bear- ing the same number as the original warrant, with the word "Duplicate"' written across the face thereof, which duplicate has the same force and effect as the original. 721 Miscellaneous Provisions. §§ 3569-3573 § 3569. The Register must not give the certifi- cate until he is satisfied that the original has not been located, or. if located, that the lands have not been and will not be charged by the Federal Government as part of the five hundred thousand acres of land granted to this State. § 3570. Whenever a purchaser of land upon credit desires to abandon the location or entry made by him, he may do so by conveyance of his title to "the State and surrender of the certificate of purchase, or, if it has been lost, by filing an affidavit of that fact with the Register. Forfeiture for non-payment of installments: See sec. 3513. § 3571. If any land sold is not the property of the State the holder of the certificate of purchase or patent may receive in ex-change therefor from the Register a certificate showing the amount paid and the class of land upon which the pay- ment was made. § 3572. If the land sold was swamp and over- flowed the Coimty Auditor of the county in which the land is situated must, upon the surrender to him of the certificate mentioned in section three thousand five hundred and seventy-one, draw his warrant in favor of the person surrendering such certificate for the amount therein specified, upon the Treasurer of the county, who must pay the same out of tlie Swamp and OverfloAved Land Fund of the district in which tlie land is situnted. If the land sold was not swamp and overflowed, the Controller of State, upon tlie surrender to him of such certificate, must draw liis warrant in favor of the person surrendering tlie same, for tlie amount therein specified. ui)on tlie Treasurer of State. Avho must pay the same out of the fund into which the purchase money was paid. [Amend- ment approved March 30. 1878; amendments 1877- 78, p. ()3. In effect March 30, 1878.] § 3573. All applications made prior to March twenty-fourth, eigliteen hundred and seventy, for the purcliase of lands under tlio jirovisions of "An act to provide for tlie management and sale of lands belonging to the State." approved Marcl» rol. Code— 61. §§ 3574-3584 Yosemite Valley. 722 twenty-eighth, eighteen hundretl and sixty-eight, if there was not, on the twenty-fourth day of March, eighteen hundred and seventy, two or more applicants for the purchase of, or conflicts between claimants of, the same land, where the purchase has been completed and patent issued, are valid, although the affidavits on which such applications A^ere based are neither in form nor substance in compliance with the provisions of such act. [Amendment approved March 9. 1893; Stats. 1893, p. 116. In effect immediately.] § 3574. Each application for lands must be accompanied by a fee of five dollars, and no ap- plication shall be received, filed, or noted in any way until such fee is paid. The Surveyor Gene- ral shall charge the same fees as are allowed the Register for like services; and all fees collected by either the Surveyor General or Register shall be paid into the State Treasury on the first Mon- day of each and every mouth, and placed to the credit of the General Fund; and said officers shall, on the lirst ^londay of each month, make a written report to the State Controller, stating the amount of fees so paid, together with the sources from which they were derived, and the several amounts, by items. The Surveyor General and Register, whenever it may be necessary, may purchase such maps and records as the needs of their office may demand, but all claims asainst the State, authorized by tliis section, shall be cer- tified to the State Board of Examiners, and if the same be allowed, the Board shall direct the Con- troller of Slate to draw liis warrant in payment of the same, payable out of the General Fund. [Amendment approved February 10.1876; amend- ments 1875-6. p. 57. In effect Februarv 10, 1876.] CHAPTER II. THE YOSEMITE VALLEY AND MARIPOSA BIG TREE GROVE. 5 3584. Commissioners to manage. § 3585. Guardian and his compensation. § 3586. Report of Commissioners. § 3584. The Govenior of this State and the eight other Commissioners appointed by the Gov- 723 Yosemite Valley. §§ 3585,3586 ernor ou the twenty-eighth day of September, eighteen huntlred and sixty-four, in accordance with the terms of an Act of Congress entitled an act authorizing a grant to the State of California of the Yosemite Valley and of the land embrac- ing the Mariposa Big Tree Grove, approved June thirteenth, eighteen hundred and sixty-four, con- stitute a board to manage such premises. Any va- cancy occurring in tlie board may be filled by the appointment of the Governor. The Commission- ers are known as "The Commissioners to manage the Yosemite Valley and the Mariposa Big Ti-ee Grove," and under such name they and their suc- cessors may sue and be sued and have full power to manage and administer the grant made and the trust created by the Act of Congress, and to make and adopt all rules, regulations, and by- laAvs for their own government and the govern- ment, improvement and preservation of such premises. Commissioners, nine in number, are civil ex- ecutive officers: Sec. .343. Keference to section: See sec. 357. Free trails, appropriation to purcliase, and gen- erally to improve and preserve the territory within the grant of the Yosemite Valley and Big Trees: Stats. 1881, p. 50. Special laws relating to Yosemite Valley: See General Laws, tit. Y^osemite Valley. § 3585. They may appoint a guardian of the I)remises, removable at their pleasure, who must perform such duties as they may prescribe, and may receive such compensation as they may fix, not to exceed five hundred dollars per annum. § 3586. The Commissioners mttst make a re- port of tlieir proceedings and of the condition of the premises through the Governor, to the Legis- lalin-e, at every regular session thereof. §§ 3596,3597 State Buryins Grounds. 724 CHAPTEIR III. STATE BURYING GROUNDS. § 3596. Title vested In State. Who may be interred. § 3597. Duties of Trustees. § 3596. The fee to the State Burying Ground, in the City Cemetery of the City of Sacramento, is in the people of the State of Califoi-nia, and there may be interred therein any person who, at the time of his death, was a State officer or a member of the Senate or Assembly. § 3597. The Board of Trustees of the State Burying Ground have the control and manage- ment of the grounds and the expenditure of all moneys appropriated for the maintenance or im- provement thereof. Trustees of State Burying Ground — number of. see. 343; are civil executive officers, sec. 343; are appointed by Governor with consent of Senate, sec. 368. 725 Property Liable to Taxation. § 3(507 TITLE IX. REVENUE. Chapter I. Property Liable to Taxation. II. Definitions. III. Assessment of Property. IV. Equalization of Taxes. V. Levy of Taxes. VI. Duties of the Auditor in Relation to Revenue. VII. Collection of Property Taxes. VIII. Collection of Taxes by the Assessor on Certain Personal Property. IX. Poll Taxes. X. Settlements with the Controller and Payments into State Treasury. XI. Miscellaneous Provisions. CHAPTER I. PROPERTY LIABLE TO TAXATION. § 3607. Property subject to taxation. § 3608. Shares of stock in corporations. § 3607. All property in this State, not exempt under the laws of the United States, excepting fruit and nut bearing trees under the age of four years from the time of planting in orchard form, and grapevines under the age of three years from the time of planting in vineyard form, grow- ing crops, property used exclusively for public schools, free public libraries, and free museums, and such as may belong to the United States, this State, or to any county or municipal corporation within this State, is subject to taxation, as in this Code provided; but nothing in this Code shall be construed to require or permit double taxation. [Amendment, approved March 28. 1895; Stats. 1895, p. 310. In effect March 28, 1895.] What ob.iects may be taxed: See sec. 3617. All property sub,ject to taxation. — "Real estate" includes what: See sec. 3617, post. § 3(j08 Property Liable to Taxation. 726 "Property" defined: See see. 3617, post. Property subject to taxation— Meaning of term property in this connection, sec. 8617, subd. 1. Solvent debts, or "credits," held property within the meaning of that word as used in Const. Cal. 1840. Act establishing tax on collateral inheritance: See General Laws, title "Taxation." Act imposing tax on issue of certificates of stock, repealed: See General Laws, title "Taxation." Exemptions in this secton— Growing crops.— The exemptions here enumerated conform to Const. Cal., art. 13, sec. 1. Public schools. — Constitutional authority for this exemption: Art. 13. sec. 1; and see sees. 1817- 1861. The taxing the property of a corporation, as well as the shares of the stock, is expi'essly de- clared to be double taxation: Sec. 3608. § 3608. Shares of stock in corporations pos- sess no intrinsic value over and above the actual value of the property of the corporation which they stand for and represent, and the assessment and taxation of such shares and also of the coriJO- rate property would be double taxation. There- fore all property belonging to corporations shall be assessed and taxed, but no assessment shall be made of shares of stock, nor shall any holder thereof be taxed therefor. [New section, ap- proved March 7. 1881; Stats. 1881, p. 56. In efEeet March 7. 1881.] 727 Definitions. § 3617 CHAPTER II. DEFINITIONS. § 3617. Definition of terms. § 3617. Whenever the terms mentioned in this section are employed in this act, they are em- ployed in the sense hereafter affixed to them: First— The term "property" includes moneys, credits, bonds (except of railroad or quasi-public corporations), stocIi:s, dues franchises, and all other matters and things, real, personal, and mixed, capable of private ownership. Second— The term "real estate" includes: 1. The possession of, claim to, ownership of, or right to the possession of land. 2. All mines, minerals, and quarries in and un- der the land, all tiudier belonging to individuals or corporations, growing or being on the lands of the United States, and all rights and privileges ap- pertaining thereto. 3. A mortgage, deed of trust, contract, or other obligation by which a debt is secured, when land is pledged for the payment and discharge thereof, shall, for the purpose of assessment and taxation, be deemed and treated as an interest in the land so pledged. , ji,-,; 4. lmi>rovements. Third — The term "improvements" includes: 1. All buildings, structures, fixtures, fences, and improvements erected upon or affixed to the land, ex(,'ept telephone and telegraph lines. 2. All fruit, nut-bearing, or ornamental trees and vines, not of natural growth, excepting fruit and nut-bearing trees under four years of age, and grapevines under three years of age. Fourth— The term "personal property" Includes every thing wlii'*li is the subject of ownei'ship, not included within the meaning of the term "real es- tate" or "improvements." Fifth — The terms "value" and "full cash value" mean the amount at whicli the property would be taken in payment of a just debt due from a sol- vent debtor. § 3617 Assessment of Property. 72S Sixth— The term "credits" means those solvent debts, not secured by mortgage or trust deed, ow- ing to the person, firm, corporation, or association assessed. The term "debt" means those unsecur- ed liabilities owing by the person, firm, corpora- tion, or association, assessed to bona fide resi- dents of this State, or firms, associations, or cor- porations doing business therein; but credits, claims, debts, and demands due, owing, or accru- ing for or on account of money deposited with savings and loan corporations, shall, for the pur- pose of taxation, be deemed and treated as an in- terest in the property of such corporation, and shall not be assessed to the creditor or owner thereof. [Amendment, approved March 28, 1895; Stats. 1895, p. 310. In effect March 28, 1895.] Property: See Const. Cal., art. 13, sec. 1. Stoelv: See sec. 3608. How mortgages are to be assessed: See sec. 3627. CHAPTEE III. ASSESSMENT OF PROPERTY. § 3627. Property, how assessed. § 3628. Assessments, how, by whom. § 3629. Contents of statement required by Assessor. § 3630. Blank forms of statement, and afiBdavit therefor. § 3631. Statement to be filled out and returned to Assessor. § 3632. Power of Assessor to require affidavit and testi- mony. § 3633. Property of person neglecting or refusing to give statement, how assessed. § 3634. Sufficient description and survey of property, how obtained by Assessor by aid of Court. § 3635. Assessment of unknown or absent owners of property. § 3636. Same. § 3637. Property situated in another county. § 3638. Consigned property. § 3639. Trustees, guardians, executors, and administrators. ? 3640. Enrollment of persons subject to poll tax. § 3641. Property of firm or corporation assessed where sit- uated. § 3642. Undistributed property of deceased persons. § 3643. Ferries and toll bridges, where assessed. § 3644. Vessels, where assessed. § 3645. Same. § 3646. Boats and small craft. Assessment of Property. § 3627 Property and money in litigation. Property concealed, misrepresented, etc. Property not taxed in previous year. Property, how listed. Form of assessment book. Affidavit to completed assessment book. Copy of property assessed in cities or towns. Delivery of assessment book, etc., to Clerk of Su- pervisors. Notice of meeting to equalize assess- ments. Statement by Assessor to State Board of Equaliza- tion, to show what, when made. Penalty for failure of Assessor to complete assess- ment book or transmit statement. Persons claiming ownership of property and desir- ing to be assessed. Supervisors to furnish Assessor with maps. Costs, how paid. Lists of land sold by State to be transmitted to Assessor of county where the property is situ- ated. § 3660. When Assessor liable for taxes on unassessed property. § 3361. District Attorney to prosecute Assessor for unpaid taxes, when. § 3662. Judgment, when entered against Assessor. § 3633. Assessment of water ditches, toll roads and tele- graph lines. § 3664. Assessment of railway property by State Board of Equalization. § 3665. Assessment as basis of taxation. § 3666. Books to be kept by State Board of Equalization. § 3667. » County rate of taxation. § 3668. Publication by Controller. § 3669. Certain taxes to be paid State Treasurer. § 3670. Controller to sue for delinquent taxes. § 3371. Basis of taxation for counties. § 3627. All taxable property must be assessed at Its full cash value. Land and improvements thereon shall be separately assessed. Cultivated and uncultivated land of the same quality, and similarly situated, shall be assessed at the same value. A mortgage, deed of trust, contract, or other obligation by which a debt is secured, shall, for the purposes of assessment and taxation, be deemed and treated as an interest in the property affected thereby, except as to railroad and other quasi-public corporations. In case of debts so se- cured, the value of the property affected by such mortgage, deed of ti-ust, contract, or obligation, less the value of such security, shall be assessed § 3628 Assessment of Property. 730 and taxed to the owner of the property, and the value of such security shall be assessed and taxed to the owner thereof, in the county, city, or district in which the property affected there- by is situated. The taxes so levied shall be a lien upon the property and security, and may be paid by either party to such security; if paid by the owner of the security, the tax so levied upon the property affected thereby shall become a part of the debt so secured. If the owner of the prop- erty shall pay the tax so levied on such security, it shall constitute a payment thereon, and. to the extent of such payment, a full discharge thereof. If any such security or indebtedness shall be paid by any such delitor or debtors after assessment and before the tax levy, the amount of such levy may liliewise be retained by such debtor or debt- ors, and shall be computed according to the tax levy for the preceding year; and every contract by which a debtor is obliged to pay any tax or as- sessment on money loaned, or on any mortgage, deed of trust, or other lien, shall, as to axiy inter- est specified therein, and as to such tax or assess- ment, be null and void. [Amendment, approved March 7. 1881; Stats. 1881. p. .57. In effect March 7, 1881.] "Improvements" defined: See sec. 3617, subd. 4. Full cash value defined: Sec. 3617. subd. 5. Lands, provision for assessment of. conforms to Const. Cal. 1879, art. 13, sec. 2. Mortgages and similar obligations, provision in section for assessment of, nearly identical with Const. Cal. 1879, art. 13, sec. 4. except last clause, which is talien from section 5 of same article of Constitution. Reassessment of property, act in relation to: See General Laws, title "Taxation." § 3628. The iTanchise. roadway, roadbed, rails, and rolling stoclv of all railroads operated in more than one county in this State shall be assessed by the State Board of Equalization, as hereinafter provided for. Other franchises, if granted by the authorities of a county, city, or city and county, must be assessed in the county, city, or city and county Avithin which they were granted; if grant- ed by any other authority, they must be assessed 731 Assessment of Property. § 3629 in the county in which the corporations, firms, or persons owning or liolding- them have tb^ir principal place of business. All other taxable property shall be assessed in the county, city, or city and county, town, township, or district in which it is situated. Land shall be assessed in par- cels or subdivisions not exceeding six hundred and forty acres each; and tracts of land containing more than six hundred and forty acres, which have been sectionized by the United States gov- ernment, shall be assessed by sections or fractions of sections. I-ands sold by the State for which no patent has been issued shall be assessed the same as other lauds, but the owner shall be entitled to a deduction from such assessed valuation in the amount due the State as principal upon the pur- chase price. The assessor must, between the first Mondays in March and July of each year, ascer- tain the names of all taxable inhabitants, and all the property in his county subject to taxation, ex- cept such as is required to be assessed by the State Board of Equalization, and must assess such property to the persons by Avhom it was owned or claimed, or in whose possession or control it was, at twelve o'clock meridian, of the first Monday in March next pi-eceding; but no mistake in the name of tlie owner or supiwsed owner of real property shall render the assessment thereof invalid. In assessing solvent credits, not secured by mortgage or trust deed, a reduction therefrom shall be made of debts due to bona fide residents of this State. [Amendment, approved March 28. 1895; Stats. 1895, p. 311. In effect INIarch 28. 1895.] Franchises— subject to taxation: See sec. 3617, subd. 1, and note. Railroad propertv — assessment of: See Const. Cal. 1879, art. 13, sec. 10. As to the manner of assessing railroads: See post, sees. 3(!64, 3665. Place of assessment: See sees. 3641-3646; pro- vision for, follows Const. Cal. 1879, art. 13, sec. 10. Assessment of lands— provision follows Const. Cal. 1879, art. 13, sec. 3. Coi-jwration and firm names: See sec. 3641, post. § 3629. He must exact from each person a statement, under oath, setting forth specifically all the real and personal property owned by such § 3629 Assessment of Property. 732 person, or in his possession, or under his control, at twelve o'cloclv M. on the first Monday in March. Such statement shall be in writing, show- ing sepai'ately: 1. All property belonging to, claimed by, or in the possession or under the control or manage- ment of such person. 2. All property belonging to, claimed by, or in the possession or under the control or manage- ment of any firm of which such person is a mem- ber. 3. All property belonging to, claimed by, or in the possession or under the conti'ol or manage- ment of any corporation of w'hich such person is President, Secretaiy, Cashier, or managing agent. 4. The county in which such property is situ- ated, or in which it is liable to taxation, and (if liable to taxation in the county in which the state- ment is made) also the city, town, township, school district, road district, or other revenue dis- tricts in wiiich it is situated. 5. An exact description of all lands in parcels or subdivisions, not exceeding six hundred and forty acres each, and the sections and fractional sections of all tracts of land containing more than six hundred and forty acres, which have been sectionized by the United States govern- ment, improvements and personal property, in- cluding all vessels, steamers, and other water craft, and all taxable State, county, city or other municipal or public bonds, and the taxable bonds of any person, firm, or corporation, and deposits of money, gold dust, or other valuables, and the names of the persons with whom such deposits are made, and the places in which they may be found, all mortgages, deeds of ti'ust, contracts, and other obligations by which a debt is secured and the property in the county affected thereby. 6. All solvent credits, unsecured by deed of trust, mortgage, or other lien on real or personal property, due or owing to such person, or any firm of which he is a member, or due or owing to any corporation of which he is President, Secre- tary, Cashier, or Managing Agent, deducting from the sum total of such credits such debts only, un- secured by trust deed, mortgage, or other lien on real or personal property, as may be owing by such person, firm, or corporation, to bona fide res- 733 Assessment of Property. § 3630 icleiits of this State. No debt shall be so deducted unless th*^ statement shows the amount of such debt as stated under oath in aggregate; provided, in case of banks the statement is not required to show the debt in detail, or to whom it is owing; but the Assessor shall have the privilege of exam- ining the books of such banks to verify said state- ment. Whenever one member of a firm, or one of the proper officers of a corporation, has made a statement showing the property of the firm, or corporation, another member of the firm, or an- other officer, need not include such property in the statement made by him; but his statement must show the name of the person or officer who made the statement in which such property is included. [Amendment approved March 7, 1881; Stats. 1881, p. 58. In effect March 7, 1881.] Sworn statement — required bv section, pursuant to Const. Cal., 1879, art. 13, sec. 8. Refusing to give statement: See sec. 3633, post. Subdivision 4. Revenue district wherein prop- ert.v situatetl — is p'lace of assessment: See sec. 3628. Subdivision 5. Lands — assessment of: Sec. 3627. Vessels — steamers and other water-craft, where taxed: See sees. 3644-3646. Mortgages — and like obligations, how assessed: See sec. 3627. Subdivision 6. Solvent Credits— definition of terms "credits" and "debts": Sec. 3(517, subd. 6; deduction of debts due bona fide residents, see sec. 3628. § 3630. The Board of Supervisors must furnish the Assessor Avitli blank forms, as prescribed by the State Board of Equalization, of the statements provided for in the preceding sections, affixing thereto an affidavit, which must be siibstantially .as follows: "I, , do swear that I am a resident of the county of (naming it): that the above list con- tains a full and correct statement of all property sub.iect to taxation which I, or any firm of which I am a nioml)er, or any corporation, association, or company of which I am president, cashier, sec- retai-y. or managing agent, owned, claimed, pos- sessed, or controlled, at twelve o'clock M., on the rol. Code— 62. §§ 3631,3632 Assessment of Property. 734 first Monday in March last, and which is not al- ready assessed this year; and that I have not, in any manner whatsoever, transferred or disposed of any property, or placed any property out of said county or my possession for the purpose of avoiding any assessment upon the same, or of making this statement; and that the debts therein stated as owing by me are owing to bona fide residents of this State, or to firms or corpora- tions doing business in this State." The affidavit to the statement on behalf of a firm or corporation must state the principal place of business of the firm or corporation, and in oth- er respects must conform substantially to the pre- ceding form. [Amendment approved March 28, 1895; Stats. 1895, p. 312. In effect March 28, 1895.] § 3631. The Assessor may fill out the state- ment at the time he presents it, or he may deliver it to the person and require him, within an ap- pointed time, to return the same to him, properly filled out. § 3632. Every Assessor shall have power: First— To require any person found within such Assessor's respective county to make and sub- scribe an affidavit, giving his name and place of residence. Second— To subpoena and examine any person in relation to any statement furnished to him, or which discloses property which is assessable in his respective county; and he may exercise this power in any county where the persons whom he desires to examine may be found, but shall have no power to require such persons to appear be- fore him in any other county than that in which the subpoena is served upon them. Every person wlio shall refuse to furnish the statement herein- before required in this chapter, or to make and subscribe such affidavit respecting his name and place of residence, or to appear and testify when requested so to do by the Assessor, as above pro- vided, shall, for each and every refusal, and as often as the same is repeated, forfeit to the peo- ple of the State the sum of one hundred dollars, in gold coin of the United States, to be recovered by action brought in their name by the respective 735 Assessment of Property. § 3633 Assessor in any Police or Justice's Court. In ease such affidavit sliall sliow tlie residence of ttie pex*- son maljing tlie same to be in any county otlier than that in which it is talien, or the statement shall disclose property in any county other than that in which it is made, the Assessor shall, in the respective case, file the aflidavit or state- ment in his office, and transmit a copy of the same, certifietl by him, to the Assessor of the county in which such residence or property is therein shown to be. One-half of all moneys re- covered by any Assessor under the provisions of this section must by him be paid into the Treas- ury of his county, and the other half may be re- tained by the Assessor for his own use. [Amend- ment approved March 24, 1874; Amendments 1873- 4, p. 144. In effect March 24, 1874.] § 3633. If any person, after demand made by the Assessor, neglects or refuses to give, under oatli, the statement herein provided for, or to comply with the other requirements of this title, the Assessor must note the refusal on the assess- ment book, opposite the name of such person, and must make an estimate of the value of such prop- erty of such person, and the Assessor must trans- mit on or before the first day of July of each year to the Board of Supervisors a verified report in writing, separate from the assessment roll, con- taining a complete list of all persons who refuse or neglect to furnish a statement of their property as herein provided for, or to comply with the re- quirements of this title, the amount of the assess- ment upon the property of such persons, with a statement of the particular facts, if any, upon which the assessment has been made, and the valuation of the property so assessed ascertained. The Board of Supervisors must investigate and in- quire into all assessments and values so fixed by the Assessor, as prescribed by this section, and for that purpose must nM(uire each taxpayer af- fected by such assessment and valuation to make a statement under oath, within ten days from making an order requiring such statement, set- ting forth specifically, all the propei'ty owned or controlled, or in the possession of such "taxpayer on the first Monday of March. If any taxpayer, af- ter demand made by the Board of Supervisors, § 3634 Assessment of Property. 736 shall neglect or refuse to make and deliver to the said Board of Supervisors the statement, duly ver- ified, herein provided for, or to comply with the other requirements of this title, the said Board of Supervisors, sitting as a county boaxxl of equal- ization, must increase such assessment and val- uation to such an amount as the said board shall deem just; but the value fixed by the Assessor must not, in any case, be reduced by the Board of Supervisors. [Amendment approved March 4, 1897; Amendments 1897, chap. Ixxiii. In effect immediately.] Basis of section: Stats. 1861, p. 423. § 3634. When the Assessor has not received from the owner of a tract of land the statement required by section three thousand six hundred and twenty-nine, or when such statement does not sufficiently describe a tract of land to enable the Assessor to assess the same as required by law, and the owner or his agent, or in case they can- not be found or are unlcnown, the person in pos- session thereof, neglects for ten days after de- mand by tlie Assessor to furnish said Assessor with such description, the Assessor shall cite such owner, or agent, or person in possession, to appear before the Superior Court of the county wherein such laud is situated, within five days after ser- vice of such citation, and the said Superior Court shall, upon the day named in such citation, to the exclusion of all other business, proceed to hear the return and answer of the said owner, or agent, or person in possession, to the said cita- tion; and if the Court shall find that the land has not been surveyed or divided Into subdivisions of six hundred and forty acres, or less, so that each part or parcel may be described by metes and bounds, then the Court shall, by order duly en- tered in open Court, direct the County Surveyor to make a survey, and define the boundaries and location of said land by parcels or subdivisions not exceeding six hundred and forty acres each, and deliver the same to the County Assessor. The expense of making such survey and descrip- tion by the County Surveyor shall be a lien upon the land, and sliall, when approved by the said Superior Court, be certified by said Court to the Tax Collector of the county where the land is sit- 737 Assessment of Property. §§ 3635-3639 uated, and be added to the taxes upon said land, and be collected as other taxes are collected. [Amendment approved March 22. 1880; Amend- ments 1880, p. 9. In effect March 22, 1880.] Description of lands in parcels — or subdivisions, required in statement by: Sec. 3029, subd. 5. § 3635. If the owner or claimant of any prop- erty, not listed by another person, is absent or unknown, the Assessor must make an estimate of the value of such property. Absent owner — known or unknown, how assess- ed: Sec. 3636. § 3636. If the name of the absent owner is known to the Assessor, or if it appears of record in the ofhce of the County Recorder where the property is situated, the property must be assess- ed to such name. If unknown to the Assessor, and if it does not appear of record as aforesaid, the property must be assessed to unknown owners. [Amendment approved March 14, 1891; Stats. 1891, p. 107.] Assessment-book: See post. sec. 3650. § 3637. The Assessor, as soon as he receives a statement of any taxable property situated in another county, must make a copy of such state- ment for each county iu which the same is situ- ated, and transmit the same, by mail or express, to the Assessor of the proper county, who must assess the same as other taxable property therein. Mig-ratory live stock: See General Laws, title "Taxation." Assessment of animals: See General Laws, title "Taxation." § 3638. All personal pi'operty consigned for sale to any person within this State from any place out of this State must be assessed as other property. § 3639. "When a person is assessed as agent, trustee, bailee, guardian, executor, or admin- isti'ator, liis repi-esentative designation must be added to his name and the assessment entered on a separate line from his individual assessment. § 3040 Assessment of Property. 738 § 3640. The Assessor or his deputies must, be- fore tlie first Monday in June of eacli year, in eacli of tlie counties and cities and counties, visit eacli liouse and place of business in their districts, and enroll in a field enrollment book, in such form as may be required by the State Board of Equalization, all male persons residing in said county over eighteen years of age and under sixty years of age on the first Monday in March of that year. On such field enrollment book shall be stated whether the person enrolled is liable to a State poll tax, a road poll tax, or military duty; give the number of the poll tax receipt, and the amount paid, if poll taxes are collected; where his residence is, postottice addi'ess, giving street and number, if any; occupation, by whom employ- ed; whether the owner of real estate; the State or country of nativity; whether naturalized or not, and any reason that may be given why poll tax was not paid. From such field enrollment books the military roll, as required by section one thou- sand eight hundred and ninety-seven, and the roll of poll tax payers, required by section three thousand eight Imndred and fifty-seven, shall be made. Personal property unsecured by real es- tate must be assessed and taxes collected at the time of enrollment of persons for poll taxes; re- ceipt must be issued for personal property tax from a stub-book, having the stubs numbered the same as the receipt; sucli stub-books shall have a line for the name of the person assessed, the amount of the assessment, the rate collected, and lines for the items assessed for collection, the to- tal amount, the date of collection, and the name of the deputy making the collection. Such blank personal tax receipt boolvs shall be furnished for such purpose b.v the auditor, and all unused re- •ceipts must be turned in by the Assessor with his settlement for personal property taxes on the first Monday in August of each year. The As- sessor or his deputies shall also note on the as- sessment statement, against eacli tract of land or lot assessed, the condition of surface of each tract, using the words level, rolling, broken, hilly, or rocky; also, the quality of soil, using the words fruit, grain, pasture, timber, or rocks; also, wiiether it is wet, dry, semi-moist, or has water rights; also, the kind and value of improvements located on each tract or lot. [New section ap- 739 Assessment of Property. §§ 3641-3645 proved March 28, 1895; Stats. 1895, p. 312. In ef- fect March 28, 1895.] . § 3641. The property of every firm and corpo- ration must be assessed in the county where the property is situate, and must be assessed in the name of the firm or corporation. County where property situated— assessment in: See sec, 3628. § 3642. The undistributed or unpartitioned property of deceased persons may be assessed to the heirs, guardians, executors, or administra- tors; and a payment of taxes made by either binds all the parties in interest for their equal proportions. No distribution of estate — until all taxes paid: Sec. 3752. § 3643. A ferry-boat is a vessel traversing across any of the waters of the State, between two constant points, regularly employed for the trans- fer of passengers and freight, authorized by law so to do, and also any boat employed as a part of the system of a railroad for the transfer of pas- sengers and freight, plying at regular and stated Ijeriods between two points. Where ferries con- nect more than one county, the wharves, store- houses, and all stationary property belonging to or connected witli such ferries, must be assessed, and the taxes paid, in the county where located. The value of the franchise, and watercraft, and of all toll bridges connecting more than one coun- ty, must be assessed in equal proportions in the counties connected by sucli ferries or toll bridges, L Amendment approved March 12, 1885. In effect March 12, 1885.] § 3644. All vessels, except ferryboats, which may be registered, of every class which are by law required to be registered, must be assessed, and the taxes thereon paid, only in the county, or city and county, wliere the same are register- ed, enrolled, or licensed. [Amendment approved March 12, 1885. In effect March 12, 1885.] § 3645. Vessels registered, licensed, or enroll- ed out of and plying in whole or in part in the waters of this State, the owners of which reside in this State, must be assessed in this State. §§ 3646-3650 Assessment of Property. 740 § 3646. All boats and small craft not required to be registered, must be assessed in the county where their ownei* resides. § 3647. Money and property in litigation in possession of a County Treasurer, of a Court, County Clerlv, or Receiver, umst be assessed to such Treasurer, Clerk, or Receiver, and the taxes be paid thereon under the direction of the Court. § 3648. Any property willfully concealed, re- moved, transferred, or misrepresented by the owner or agent thereof, to evade taxation, upon discovery, must be assessed at not exceeding ten times its value, and the assessment so made must not be reduced by the Board of Supervisors. § 3649. Any property discovered by the Asses- sor to have escaped assessment for the last pre- ceding year, if such property is in the ownership or under the control of the same person who own- ed or controlled it for such preceding year, may be assessed at double its value. § 3650. The Assessor must prepare an assess- ment-book, with appropriate headings as directed by the State Board of Equalization, in which must be listed all property within the county, un- der the appropriate head. 1. The name of the person to whom the prop- erty is assessed. 2. Land, by township, range, section, or frac- tional section: and when such land is not a Con- gressional division or subdivision, by metes and bounds, or otlier description sufficient to identify it, giving an estimate of the number of acres, not exceeding in each and every tract six hundred and forty acres, locality, and the improvements thereon. When any tract of land is situated in two or more school, road, or other revenue dis- tricts of the county, the part in each township or district must be separately assessed. The im- provements to be assessed against the particular section, tract, or lot of land upon which they are located. 3. City and town lots, naming the city or town, and the number of the lot and block, according to the system of numbering in such city or town, and the improvements thereon. 741 Assessment of Property. § 3G50 4. All personal property, showing the number, kind, amoimt, and quality; but a failure to enu- merate in detail such personal property does not invalidate the assessment. 5. The cash value of real estate, other than city or town lots. 6. The cash value of improvements on such real estate. 7. The cash value of city and town lots. S. The cash value of improvements on city and town lots. 9. The cash value of improvements on real es- tate assessed to persons other than the owners of the real estate. 10. The cash value of all personal pi'operty, ex- clusive of money. 11. Tlie amount of money. 12. The assessment of tlie franchise, roadway, roadbeds, rails, and roUins stock of any railroad, as apportioned to his county by tlie State Board of Equalization, and also such otlier apportion- ments of such franchises, roadways, roadbeds, rails, and rolling stock as may be made by such board, and furnished to him for the purpose of taxation in any district in his county. Taxable im- provements owned by any person, firm, associa- tion, or corporation, located upon land exempt from taxation, shall, as to the manner of assess- ment, be assessed as otlier real estate upon the assessment-book. No value shall, however, be as- sessed against the exempt land, nor under any circumstances shall the land be charged with or become responsible for the assessment made against any taxable impi-ovements located there- on. 13. The scliool, road, and other revenue dis- tricts in which each piece of property assessed is situ.ated. 14. Tlie total value of all property. W. When any property, except tlint owned by a railroad or otlier quasi-public corpor.ation, is subject to or affected by a mortgage, deed of trust, contract, or other obligation by which a debt is secured, he must enter, in the proper col- umn, the value of such security, and deduct the same. In entering assessments containing sol- vent credits sul>.iect to deductions, as provided in section three thousand six hundred and twenty- §§ 3651, 3652 Assessment of Property. 742 eight of this Code, he must enter in the proper column the value of the debts entitled to exemp- tion and deduct the same. In making the de- ductions from the total value of property assess- ed, as above directed, he must enter the remain- der in the column provided for the total value of all property for taxation. Each franchise must be entered in the assessment-boolj; without com- bining the same with other property or the valua- tion thereof. 16. The figure one (1), in separate columns, op- posite tlie name of every person liable to pay a poll tax. li. Such other things as the State Board of Equalization may require. [Amen'^'nient ai- proved March 28. 1895; Stats. 1895, p. 313. In ef- fect March 28, 1895.] Name of person assessed — If the owner's name cannot be ascertained, the assessment must be to "unknown owners": Sec. 3636, ante. Correcting assessment-book: See sec. 3881, post. § 3651. The Assessor must prepare an index to the assessment-book, Avhich must show the name of the taxpayer, each page whereon his as- sessment appears, the postoffice address, or the postoffice address of his agent, secretary, or man- aging agent, when known. The State Board of Equalization shall prescribe the form of such in- dex. [Amendment approved March 28, 1895; Stats. 1895, p. 314. In effect March 28, 1895.] § 3652. On or before the first Monday in July, in each year, the Assessor must complete his as- sessment book. He and his deputies must take and subscribe an affidavit in the assessment book, to be substantially as follows: "I , Assessor of (or Deputy Assessor, as the case may be), County, do swear that between the first Monday in Marcli and the first Monday in July, eighteen hundred and , I have made diligent inquiry and examination to ascertain all the prop- erty within the county (or within the subdivision thereof assessed by me, as the case may be), sub- ject to assessment by me, and that the same has been assessed on the assessment book, equally and uniformly, according to the best of my judg- ment, information, and belief, at its full cash 743 Assessment of Property. §§ 3653,3054 value; and that I have faithfully complied with all the duties imposed on the Assessor under the revenue laws; and that I have not imposed any unjust or double assessment through malice or ill- will or otherwise; nor allowed any one to escape a just and equal assessment through favor; or reward, or otherwise." But the failure to talie or subscribe such an affidavit, or any affidavit, will not in any manner affect tlie validity of the as- sessment. [Amendment approved March 7, 1881; Stats. 1881, p. 61. In effect March 7, 1881.] Failure to complj^ with this section: Penal Code, sec. 176. § 3653. 1. On or before the third Monday in July of each year, the Assessor must furnish such incorporated cities and towns within the county as shall make written request for the same, ou or before the first Monday in -March of each year, a complete certified copy of his assessment-book, so far as such assessment-book pertains to prop- erty within the limits of said incorporated cities and towns. 2. The Assessor may charge incorporated cities and towns five cents per folio of one hundred woi'ds for each copy of his assessment-book, fur- nished such incorporated cities and towns. 3. The Assessor must, on the first Monday of each month, furnish all such incorporated cities and towns within the county as shall make writ- ten request for the same, a description of all per- sonal property, the name and address, by street and number, of the owners, and assessed value tliereof, whenever the tax on such property is col- lected by the Assessor. 4. The Assessor may charge incorporated cities and towns five cents per folio of one hundred words for such description of personal property. [Amendment approved March 28, 1895; Stats. 1895, p. 314. In effect March 28, 1895.] Stats. 1861, sec. 20. § 3654. As soon as completed the assessment- book, together with the map-books, statements, and military roll, must be delivered to the clerk of the board of supervisors, wlio must immedi- ately give notice thereof, and of the time the board will meet to equalize assessments, by pub- §§ 3G55-3657 Assessment of Property. 744 licalion in a uewspapei', if any is printed in the county; if none, tlaen in such manner as the board' may direct. In the mean time the assess- meut-boolv, map-boolc and statements must re- main in his oflice for the inspection of all persons Interested. After the board of equalization has completed its labors, the map-books and state- ments sliall be returned to tlie county assessor's office, and shall be liept in said office for future reference. [Amendment approved March 28, 1895; Stats. 1895, p, 315. In effect March 28, 1895.] § 3655. On the second Monday in July of each year, the assessor of each county must transmit to the State Board of Equalization, in such form as said board sliall require, a statement showing: 1. The several Icinds of personal property. 2. The average and total value of each kind. 3. The numbei' of livestock, number of bushels of grain, number of gallons of wines or liquors, number of pounds or tons of any article sold by the pound or ton. 4. When practicable, the separate value of each class of land, specifying the classes and the number of acres of each. 5. A true statement of the agricultural and in- dustrial pursuits and products of the county, with such other statistical information as said board sliall require. [Amendment approved :March 28, 1805: Stats. 1895, p. 315. In effect March 28, 1895.] § 3656. Every assessor who fails to complete his assessment-boolv, or who fails to transmit the statement mentioned in the preceding section to the State Board of Equalization, forfeits the sum of one thousand dollars, to be recovered on his official bond, for the use of the county, in an ac- tion brought in the name of the people by the Attorney General when directed to do so by the State Board of Equalization. [Amendment ap- proved March 28, 1895; Stats. 1895, p. 315. In effect March 28, 1S95.] § 3657. Lands once described on the assess- ment-book need not be described a second time. ^)ut any person claiming the same, and desiring 745 Assessment of Property. §§ 3G58-3660 to be assessed therefor, may have his name in- serted with that of the person to whom such land is assessed. § 3658. The board of supervisors of each county must provide map and plat boolvs for the use of the assessor, showing tlie private lands owned or claimed in the county, and if survej'ed under the authority of the United States, tlie di- visions and subdivisions of the survey; if held under Spanish grant, the exterior boundaries of sucli grants, the divisions and subdivisions and number of acres claimed. Maps of cities and vil- lages and school districts must in lilje manner be provided. The State Board of Equalization shall prescribe the forms for such map and plat books, and may require such map and plat boolcs to be indexed to show owners' names, give correct de- scription for assessment, show improvements and assessed value. The cost of making such map and plat books is a county charge, and must be paid from the county general fund. [Amend- ment approved March 28, 1895; Stats. 1895, p. 316. In effect immediately.] § 3659. On or before the first Monday in March in each year the Surveyor General of the State and the Tide Land Commissioners must make out and transmit to the assessor of each county where lands or lots lie that may have been sold by the State, for which certificates of purchase, patents or deeds have issued, during the year preceding, certified lists of such lands or lots, giving a description thereof by Congres- sional divisions and subdivisions, or lots and blocks, together with the names of the purchas- ers thereof, and the amount of principal unpaid, if any, on the first Monday in March. [Amend- ment approved April 1, 1897; amendments 1897, chap, cclxvii. In effect immediately.] Tide Land Commissioners— board of, abolished by repeal of sees. 365 and 698. § 3660. The assessor and his sureties are liable on his official bonds for all taxes on prop- erty within the county, which, through his will- ful failure or neglect is unassessed. Official bonds— Sees. 947-986. Pol. Code-«3. §§ 3661-3664 Assessment of Property. 746 § 3661. Any taxpayer who shall have knowl- edge of any property that has escaped taxation as provided in the preceding section, may file with the board of supervisors an affidavit setting forth the fact that such property has, through the willful failure or neglect of the assessor, es- caped taxation, together with a description of the property as near as such taxpaj'er may be able to give; whereupon said board shall direct the district attorney to commence an action on the assessor's bond for the amount of taxes lost from such willful failure or neglect. [Amendment approved March 28, 1895; Stats. 1895, p. 316. In effect immediately.] § 3662. On the trial of such action, the value of the property unassessed being shown, .judg- ment for the amount of taxes that should have been collected thereon must be entered. The amount thus recovered shall be distributed as provided in section three thousand eight hundred and sixteen of this Code. [Amendment ap- proved March 28, 1895; Stats. 1895, p. 316. In effect immediately.] § 3663. Water ditches constructed for mining, manufacturing or irrigating purposes, and wagon and turnpilve toll roads must be assessed the same as real estate by the assessor of the county, at a rate per mile for that portion of such prop- erty as lies within his county. All telegraph and telephone hues shall be described in the same manner as real estate is described, but assessed as personal property by the assessor of the county, at a rate per mile for that portion of such propertv as lies within his countv. [Amend- ment approved INlarch 28, 1895; Stats. 1895, p. 316. In effect immediately.] § 3664. The President, Secretary or Manag- ing Agent, or such other officer as the State Board" of Equalization may designate of any cor- poration, and each person, or association of per- sons, owning or operating any railroad in more than one county in this State, shall on or before the first Monday in April of each year, furnish the said board a statement, signed and sworn to by one of such officers, or by the person or one 747 Assessment of Property. § 3664 of the persons forming such association, showing in detail for the year ending on the first Monday in March in each year: 1. The whole number of miles of railway in the State, and, where the line is partly out of the State, the whole number of miles without the State, and the whole number within the State, owned or operated by such corporation, person or association; 2. The value of the roadway, roadbed and rails of the whole railway, and the value of the same within the State; 3. The width of the right of way; 4. The number of each Ivind of all rolling stock used by such corporation, person or association in operating the entire railway, including the part without the State; 5. Number, kind and value of rolling stock owned and operated in the State. 6. Number, kind and value of rolling stock used in the State, but owned by tlie party mak- ing the returns; 7. Number, kind and value of rolling stock owned, but used out of tlie State, either upon di- visions of road operated by the party making the returns, or by and upon other railways. Also showing in detail for the year preceding the first of January: 1. The gross earnings of the entire I'oad; 2. The gross earnings of the road in the State, and where the railway is let to other operators, hoAV much was derived by the lessor as rental; 3. The cost of operating the entire road, exclu- sive of sinking fund, expenses of land depart- ment, and money paid to the United States; 4. Net income for sucli year and amount of dividend declared; 5. Capital stock authorized; 6. Capital stocli paid in; 7. Ffinded debt; 8. Number of shares authorized; 9. Number of shares of stoclc issued; 10. Any other facts the State Board of Equali- zation may require; 11. A description of any part or portion of such railroad wliich may be in the possession and control of any other railroad company or corpora- § 3665 Assessment oJ: Property. 748 tion, and operated by such other corporation under a lease or other contract. 12. The President, Secretary or Managing Agent, or such other officer as the State Board of Equalization may designate of any corporation or association of persons operating in this State any portion of a line of railroad owned by and belonging to some other corporation or associa- tion, which runs in more than one county, shall make the same statement as is herein required to be made by the foregoing provisions of this sec- tion by the owner of such railroad. 13. A description of the road, giving the points of entrance into and the points of exit from each county, with a statement of the number of miles in each county. When a description of the road shall once have been given, no otlier annual de- scription thereafter is necessary, unless the road shall have been changed. "Whenever the road, or any portion of the road, is advertised to be sold, or is sold for taxes, either State or county, no other description is necessary than tliat given liy, and the same is conclusive upon the corporation, person, or association giving the description. No assessment is invalid on account of a misdescrip- tion of the railway, or the right of way for tlie same. If such statement is not furnished as above provided, the assessment made by the State Board of Equalization upon the property of the corporation, person or association failing to furuisli the statement is conclusive and final. [Amendment approved April 1, 1897; amend- ments 1897, chap, cclvi.] § 3665. The State Board of Equalization must meet at the State capitol on the third Monday in July, and continue in open session from day to day, Sundays excepted, until the first Monday in August. At such meeting the board must assess the franchise, roadway, roadbed, rails and j'olling stoclv of all railroads operated in more than one county. l)ut franchises derived from the United States shall not be assessed. Assessments must be made to the corporation, person or association of persons owning the same. If any portion of any railroad less than the whole is operated by some corpoi'ation or association of individuals 749 Assessment of Property. § 3665 other than the owner of such railroad, under lease or other contract, and such portion so operated runs into more than one county, the value of such part or portion of such railroad shall be assessed separate and apart from the balance of said railroad, and the board shall as- sess the roadway, roadbed and rails of such por- tion of such railroad, together with the rolling stocli used tliereon by the corporation or associa- tion of individuals operating the same. The de- pots, stations, shops and buildings erected upon the space covered by the right of way, and all other property owned by such person, corporation or association of persons, are assessed by the as- sessor of the county wherein tliey are situate. Within twenty days after the first Monday of August, the board must apportion tlie total as- sessment of the franchise, roadway, roadbed, rails and i-olllug stock of eacli railway to the counties, or cities and counties, in which such railway is located, in proportion to the number of miles of railway laid in such counties, and cities and counties. The board must also, within said time, transmit bj' mail to the county auditor of each county, or cit.v and county, to which such apportionment shall have been made, a statement showing the length of the main tracl^: of sucli railway within the county, or city and county, with a description of the said traclv within tlie county, or city and county, including the right of way, by metes and bounds, or other description sufficient for identification, the assessed value per mile of tlie same, as fixed by a pro rata dis- tribution per mile of the assessed value of tlie whole franchise, I'oadway, roadbed, rails and roll- ing stoclv of sueli railway Avithin the State, and the amount apportioned to the county, or city and count.v. The auditor must enter the state- ment on the assessment roll or boolv of the county, or city and county, and where the county is divided into assessorial townships or districts, then on the roll or book of any township or dis- trict he may S(dect, and enter tlie amount of tlie assessment apportioned to the county, or city and c-ounty, in the column of tlie assessment boolv or roll as aforesaid, wliich shows the total value of all property for taxation, either of the county. § 3665 Assessment of Property. 750 city and county, or such township or district. On the fourth Monday in September, the board of su- pervisors must malve and cause to be entered in the proper record book an order stating and de- claring the length of main track of the railway assessed by the State Board of Equalization within the county, the assessed value per mile of sucli railway, the number of miles of track, and the assessed value of such railway lying in eacli city, town, township, school and road dis- trict, or lesser taxation district in the county, or city and county, through which such railway runs, as fixed by the State Board of Equalization which shall constitute the assessment value of said property for taxable purposes in such city, town, township, school, road or other district; and the clerk of the board of supervisors must transmit a copy of each order or equalization to the city council, or trustees, or other legislative body of incorporated cities or towns, the trustees of each school district and the authorized au- thorities of other taxation districts through which such railway runs. All such railway prop- erty shall be taxable upon said assessment at the same rates, by the same officers and for the same purposes, as the property of individuals within such city, town, township, school, road and lesser taxation districts, respectively. If the owner of a railway assessed by the State Board of Equali- zation is dissatisfied with the assessment made by the board, such owner may, at the meeting of the board, under the provisions of section three thousand six hundred and ninety-two of the Po- litical Code, between the first Monday in August and the first INIonday in Septembei", apply to the board to have tlie same corrected in any particu- lar, and the board may correct and increase or lower the assessment made by it so as to equalize tlie same witli the assessment of other property in the State. If the board shall increase or lower any assessment previously made by it, it must make a statement to the county auditor of the county affected by the change in the assessment of the change made, and the auditor must note such change upon the assessment book or roll of the county, as directed by the board. [Amend- ment approved April 1, 1897; Stats. 1897, chap. cclvi.J J I 751 Assessment of Property. § 366G On tlie same day auotlier sec, 3665, was ap- pi-oved, chapter 267. This differed from the one in the text only in that the supervisors must make the entry on the third instead of the fourth Monday. § 3666. The State Board of Equalization must prepare each year a book, to be called "Record of Assessments of Railways." in which must be en- tered each assessment made by the board, either in writing or by both writing and printing. Bach assessment so entered must be signed by the chairman and clerk. The record of the apportion- ment of the assessments made by the board to the counties, and cities and counties, must be made in a separate boolv, to be called "Record of Apportionment of Railway Assessments." In such last-described book must be entered the names of the railways assessed by the board, the names of the corporations to which, or the name of the person or association to whom was as- sessed each railway in the State, the number of miles thereof in each county, or city and county, the total assessment of the franchise, roadway, roadbed, rails and rolling stock, for purposes of State taxation, and the amount of the apportion- ment of such total assessment to each county, and city and county, for county, or city and county taxation. Before the third Monday in September of each year, the clerlv of the State Board of Equalization must prepare and transmit to the Controller of State duplicates of the "Record of Assessment of Railways" and "Record of Apportionment of Railway Assess- ments," each certified by the chairman and clerk of tlie board, and to be Ivuown, respectively, as "Duplicate Record of Assessment of Railways" and "Duplicate Record of Apportionment of Rail- way Assessments." In the last-named duplicate all necessary appropriate columns must be added, in Avhich the Controller must enter the amount of taxes in installments due the State upon the whole assessment, by each corporation, person or association, and the amount of taxes, in install- ments, due eacli county, or city and county, upon the assessment apportioned to each county, or city and county, by each corporation, person or association. §§ 36(57. 3668 Assessment of Property. 752 The two duplicates constitute the warrant for the Controller to collect the State and county, and city and county taxes levied upon such prop- erty assessed by the board, and the amount of the apportionment of the assessment to each county, and city and county, respectively. [Amendment approved March 28. 1895; Stats. 1895, p. 316. In effect March 28, 1895.] § 3667. When the board of supervisors of each county, and city and county, to which the State Board of Equalization has apportioned the assessment of railways, shall have fixed the rate of county, or city and county, taxation, the clerk of the boai'd of supervisors must, within three days after such rate has been fixed, transmit by mail, postage paid, to the Controller, in such form as the Controller shall direct, a statement of the rate of taxation levied by the board of su- pervisors for county, or city and county, taxa- tion. If the clerk fails to transmit such state- ment in the time herein provided for. he shall for- feit to the State one thousand dollars, to be re- covered in an action brought by the Attorney General, in the name of tlie Controller. On or be- fore the second Monday of October the Controller must compute and enter in separate money col- umns, in the "Duplicate Record of Apportion- ment of Railway Assessments" the respective sums, in dollars and cents, rejecting fractions of a cent, to he paid by the corporation, person or association liable therefor, as the State tax iipon the total amount of the assessment, and the county, or city and coiinty, tax upon the appor- tionment of the assessment to each county, and city and covmty, of the property assessed to such corporation, person or association named in said duplicate record. fAmendment approved March 28. 1895; Stats. 1895, p. 317. In effect March 28, 1895.] • § 3668. Within ten days after the second Monday in October, the Controller must publish a notice for two weelvs in one daily newspaper of general circulation at the State capital, and in two daily newspapers of general circulation pub- lished in the city of San Francisco, specifying— 1. Tliat he has received from the State Board 753 Assessment of Property. § 3668 of Equalization the "Duplicate Record of Assess- ments of Railways" and the "Duplicate Record of Apportionment of Railway Assessments." 2. That the taxes on all personal property and one half of the taxes on all real property are now payable, and will be delinquent on the last Monday in November next, at six o'clock p. m., and that unless paid to the State Treasurer at the capitol, prior thereto, five per cent, will be added to the amount thereof, and unless so paid on or before the last Monday in April next, at six p. m., an additional five per cent, will be added to the amount thereof; that the remaining one half of the taxes on all real projierty will be due and payable at any time after the first Monday in January next, and will be delinquent on tlie last Monday in April next, at six o'cloclv p. m., and that unless paid to the State Treasure!*, at the capitol, prior thereto, five pei- cent, will be added to the amount tliereof. On the last Monday in April of each year, at six o'clock p. m., all unpaid taxes are delinquent, and thereafter there must be collected liy the State Treasurer, or other proper officer, an addition of ten per centum upon those taxes wliich became delinquent the precedinjj November, and have not been paid, prior to the said time, on the last Monday in April of each year, and an addition of five per centum upon all taxes for the preceding year, whicli became delinquent on the said last Monday in April, whicli sum, wlien collected, must be set aside by the Treasiu-er as a fund with whicli to pay the contingent expenses of ac- tions against any delinciuents, the said expenses to be audited by tlie Board of Examiners, and any surplus remaining shall go into the general school fund of the State. When any taxes are paid to the State Treasurer l)y order of the Con- troller, upon assessments made and ajjportioned hy tlie State Board of Equalization, the Con- troller must forthwith notify tlie auditor and treasurei', resiiectively, of each county, and city and county, that such taxes liave beeii paid, Jinil of the amount tliereof to which eacli comity, and city and county, interested is entitled. The State's portion of the taxes must lie distriliuted by the treasurer to eacli fund entitled thereto, and the portion belonging to the counties and cities and § 3669 Assessment of Property. 754 i counties must be placed in a fund, to be called "Railway Tax I'und," to the credit of eacli county and city and county entitled thereto. When any taxes are placed in the "Railway Tax Fund" to the credit of a county, or city and county, the Controller, at the next settlement with the Controller -by the treasurer of such county, or city and county, must draw and de- liver to such treasurer his warrant upon the State Treasurer for the amount in the fund to the credit of such county, or city and county. [Amendment approved March 31, 1891; Stats. 1891, p. 441. In effect first Monday in July, 1891.] § 3669. Each corporation, person or associa- tion assessed by the State Board of Equalization must pay to the State Treasurer, upon the order of the Controller, as other moneys are required to be paid into the Treasury, the State and county and city and county taxes each year levied upon the property so assessed to it or him by said board. Any corporation, person or association dissatisfied with the assessment made by the board, upon the payment of the taxes due upon the assessment complained of, and the percent- age added, if to be added, on or before the first Monday in June, and the filing of notice with the Controller of an intention to begin an action, may, not later than tlie first Monday in June, bring an action against the State Treasurer for the recovery of the amount of taxes and percentage so paid to the Treasurer, or any part thereof, and in tiie complaint may allege any fact tending to show tlie illegality of tlie tax. or of the assessment upon whicli the taxes are levied, in whole or in part. A copy of the complaint and of the summons must be served upon the Treasurer within ten days after the complaint has been filed, and the Treasurer has thirty days within which to demur or answer. At tlie time the Treasurer demurs or answers, he may demand that the action be tried in the Superior Court of the county of Sacramento. The Attorney Gene- ral must defend the action. The provisions of the Code of Civil Procedure relating to pleadings, proofs, trials and appeals are applicable to the proceedings herein provided for. If the final .iudg- ment be against the Treasurer, upon presentation 755 Assessment of Property. § 8670 of a certified copy of sucli judgment to the Con- troller he shall draw his warrant upon the State Treasurer, who must pay to the plaintiff the amount of the taxes so declared to have been il- legally collected; and the cost of such action, audited by the Board of Examiners, must be paid out of any money in the general fund of the Treasury, which is hereby appropriated, and the Controller may demand and receive from the county, or city and county interested, the propor- tion of such costs, or may deduct such proportion from any money then or to become due to said county, or city and county. Such action must be begun on or before the first Monday in June of the year succeeding the year in which the taxes were levied, and a failure to begin such action is deemed a waiver of the rights of action. [Amendment approved March 31, 1891; Stats. 1891, p. 442. In effect first Monday in July, 1892.] § 3670. Within sixty days after the first Mon- day in June of each year, the Controller must be- gin an action in the proper court, in the name of the people of the State of California, to collect the delinquent taxes upon the property assessed by the State Board of Equalization; such suit must be for the taxes due the State, and all the counties, and cities and counties, upon property assessed by the Board of Equalization and ap- pealing delinquent upon the "Duplicate Record of Apportionment of Railway Assessments." The provisions of the Code of Civil Procedure relating to pleadings, proofs, trials and appeals are appli- cable to tiie proceedings herein provided for. In such action, should a writ of attachment be de- manded and issued, no bond nor affidavit pre- vious to the issuing of said attachment is re- quired. If in such action the plaintiff recover judgment, there shall be included in the judg- ment as counsel fees, and in case of judgment of taxes, after suit brought but before judgment, the defendant must pay as counsel fees such sum as the court may determine to be reasonable and just. Payment of the taxes, or the amount of the judgment in the same, must be made to the State Treasurer. In such actions the "Duplicate Record of Assessments of Railways" and the "Du- § 3G71 Assessment of Property. 756 plicate Record of Apportionment of Railway Assess- iiieuts," or a copy of them, certified by the Con- troller, showing unpaid taxes against any cor- poration, person or association for property as- sessed by the State Board of Equalization, is prima facie evidence of the assessment, the prop- erty assessed, the delinquency, the amount of the taxes due and impald to the State, and counties, or cities and counties therein named, and that the corporation, person or association is indebted to the people of the State of California in the amount of taxes. State and county, and city and county, therein appearing unpaid, and that all the forms of law in relation to the assessment and levy of such taxes have been complied with. [Amendment approved March 28, 1895; Stats, 1895, p. 318. In effect March 28, 1895.] § 3671. The assessment made by the county assessor, and that of the State Board of Equaliza- tion, as apportioned by the boards of supervisors to each city, town, township, school, road or other district in their respective counties, or cities and counties, shall be the only basis of taxation for the county, or any subdivision thereof, except in incorporated cities and towns, and may also be talvcn as such basis in incorporated cities and towns when the projier authorities may so elect. All taxes upon townships, road, school or other local districts shall be collected in the same man- ner as county taxes. [New section approved March 9, 1883; Stats. 1883, p. 65. In effect March 9, 1883.] 757 Boards of Equalization. §§ 3672,3673 CHAPTER IV. EQUALIZATION OF TAXES. Article I. County Boards of Equalization. II. State Board of Equalization. ARTICLE I. COUNTY BOARDS OF EQUALIZATION. § 3672. Supervisors, when to equalize assessment. S 3673. Supervisors empowered to equalize assessment. § 3674. No reduction to be made unless on application of person assessed. § 3675. Examination of person assessed by Supervisors for purposes of equalization. § 3676. Supervisors may subpoena witnesses and take evi- dence. § 3677. Assessor and Deputy to attend upon hearing of ap- plication. § 3678. Abstract of incumbrances furnished by Recorder, and action thereon. § 3679. Supervisors to use records in equalizing assess- ments. § 3680. Sale of land, stamping. § 3681. Supervisors may revise assessment list. § 3682. Clerk's record of alterations, etc., and oath to correctness of same. § 3672. The board of supervisor.s of each county must meet on the first Monday of July in each year to examine the assessment-book and equalize the assessment of property in the county. It must continue in session for that purpose, from time to time, until the business of equaliza- tion is disposed of, but not later than the third Monday in July. [Amendment approved March 31, 1891; Stats. 1891, p. 444. In effect first Mon- day in July, 1891.] § 3673. The board has power, after giving notice in such manner as it may by rule pre- ' scribe, to increase or lower the entire assessment roll of any assessment contained therein, so as to equalize the assessment of the property contained Pol. Code— 64. §§ 3674-3678 Boards of Equalization. 758 iu said roll, and malie the assessment conform to the true value of such property in money. [Amend- ment approved March 22. 1880; amendments 1880, p. 15. In effect March 22, 1880.] Countv Boards of Equalization — provided for by Const. Cal. 1879, art. 13, sec. 9. § 3674. No reduction must be made in the valuation of property unless the party affected thereby, or his agent, malies and files with the boai'd a written application therefor, verified by his oath, showing the facts upon whicli it is claimed such reduction should be made. § 3675. Before the board grants the applica- tion or malies any reduction applied for. it must first examine, on oath, the person or the agent malting the application, touching the value of the property of such person. No reduction must be made unless such person or the agent making the application attends and answers all questions pertinent to the inquiry. § 3676. Upon the hearing of the application the board may subpoena such witnesses, hear and take such evidence in relation to the subject pending, as in its discretion it may deem proper. § 3677. During the session of the board the assessor and any deputy whose testimony is needed must be present, and may make any statement, or introduce and examine witnesses on questions before the board. Basis of section: Stats. 1861, p. 427. § 3678. To assist the assessor in the perform- ance of his duties, the recorder must annually transmit to the assessor, on or before the first :Monday in April of each year, a complete ab- stract of all mortgages, deeds of trust, contracts, and other obligations by which any debt is se- cured, remaining unsatisfied on the records of his office, not barred by the statute of limitation, at twelve o'clock meridian, on the first Monday of March of said year. Such abstract shall be writ- ten under appropriate headings, to embrace all in- formation requisite for the assessor, in a book or books to be furnished by the board of supervisors 759 Boards of Equalization. § 3678 upon the requisition of the assessor. Should any such list be found to contain any instrument re- lating to lands situated in more than one county, it shall be the duty of the assessor to transmit to the State Board of Equalization all information relating thereto on or before June first of said year; and it shall be the duty of the said board to attach an apportionment of valuation of such instrument to be assessed in each county, and the board shall transmit to the assessor of each county mentioned as affected in said instrument, a statement of valuation of assessment to be levied against said instrument in each county. The valuation so set by said board shall be final, and the assessor shall accept said valuation and charge said assessment upon said instrument ac- cordingly. Should the list contain any instru- ment mortgaging or pledging two or moi*e sub- divisions of land, or land assessed In two or more subdivisions in tlie same county, township, dis- trict or city, the assessor shall apportion the amount of assessment to be deducted from each subdivision on account of assessment against said Instrument. Any assessment on a mortgage, or deed of trust, which has been erroneously taxed to the mortgagee or party loaning the money, when the same has been paid or satisfied prior to the first Monday in Marcli, shnll be valid only as against the real estate from the assess- ment on which a reduction has been previously made. When partial payments have been made on a debt, secured by mortgage, or deed of trust, the owner is authorized to malvC the proper de- duction, listing only the balance due on the first Monday in March. The recorder must, at the time he furnishes tlie abstract of mortgages to the assessor, furnish said oflicer with a complete and true statement of all property which has been redeemed imder or by virtue of any sale made to the State for delinquent taxes, together with a complete and true statement of all prop- erty sold to the State and remaining unredeemed. When necessary, the board of supervisors of each county must provide for the i)ayment of such ad- ditional clerical force as may be required to en- able the county recorder to comply with this sec- tion. [Amendment approved March 2S. 1895; Stats. 1895, p. 318. In effect March 28, 1895.] §§ 3079-3681 Boards of Equalization. 760 § 3679. Ttie board must use the abstract and all other information it may gain from the rec- ords of the County Recorder or elsewhere, in equalizing the assessment of the property of the county, and may require the Assessor to enter upon the assessment booli any property which has not been assessed; and any assessment made as prescribed in this section has the same force and effect as if made by the Assessor before the delivery of the assessinent booli to the Clerli of the Board. fAmendment, approved March 22. 1880; Amendments 1880, p. 16. In effect March 22, 1880.] Before amendment 1880, omitting provision against assessment of nonresident county, section was based on Stats. 1861, p. 419. § 3680. Whenever property has been sold for taxes and remains unredeemed, upon each subse- quent assessment the assessor shall enter upon the assessment l)oolv, immediately after the descrip- tion of the property, the fact that said property has been sold for taxes, and tlie date of such sale. Upon all bills or statements of or for taxes accru- ing on said property, subsequent to the date of said sale and prior to the redemption of said property, or tlie execution to the State of a deed therefor, shall be distinctly and legibly written, printed, or stamped, tlie words "Sold for taxes," and also the date of such sale. [New section, approved March 28, 189.5; Stats 1895, p. 319. In effect March 28, 1895.] § 3681. During the session of the Board, it may direct the Assessor to assess any taxable property that has escaped assessment, or to add to the amount, uumber. or quantity of property, when a false or incomplete list has been I'endered; and to make and enter new assessments (at the same time canceling previous entries), wlien any assess- ment made by him is deemed by the Board so in- complete as to render doubtful the collection of the tax; but the clerk must notify all persons in- terested, by letter deposited in the post office or express, post paid, and addressed to the person interested, at least five days before action taken, of the day fixed when the matter will be investi- gated. [Amendment, approved April 1, 1897; 761 Boards of Equalization. §§ 3682-3692 Ameudments 1897, chap, cclxvii. lu effect imme- diately.] § 3682. Tlie Clerk of the Board must record, in a book to be kept for tliat purpose, all changes, corrections, and orders made by the Board, and during its session, or as soon, as possible after its adjournment, must enter upon the assessment book all clianges and corrections made by the Board, and on or before the flrst Monday of Au- gust must deliver the assessment so corrected to the County Auditor, and accompany the same with an affidavit thereto affixed, subscribed by him, as follows: "I, — — , do swear that, as Clerk of the Board of Supervisors of ■ Coimty, I have kept correct minutes of all the acts of the Board touching al- terations in the assessment boolv; that all altera- tions agreed to or directed to be made have been made and entered in the book, and that no chang- es or alterations have been made therein except those authorized." ARTICLE II. STATE BOARD OF EQUALIZATION. § 3692. Powers and duties of Board. § 3693. Equalization of assessments. § 3694. Statement, whence obtained when County Auditor fails to forward it. § 3695. Statement of changes made by Board, sent to County Auditors. Same as evidence. S 3693. Board to notify Supervisors of rate of tax to be levied. § 3697. Penalty for refusing to obey rules and regulations of Board. § 3698. Prosecution of Assessor fraudulently assessing property. § 3699. Clerk and members of Board may administer oaths. § 3700. Salary of members and of Clerk. S 3701. Salary of Clerk. (Repealed.) § 3702. Traveling expenses, oflBce and incidentals. S 3703. Official bonds of members of the Board. (Repealed.) § 3704. Duty of Board upon failure of County Boards to appoint Assessors, etc. § 3705. State Board may extend time. § 3692. The powers and duties of the State Board of Equalization are as follows: § 3692 Boards of Equalization, 762 1. To prescribe rnles for its owu government and for the transaction of its business. 2. To prescribe rules and regulations, not in conflict with the constitution and laws of the State, to govern Supervisors when equalizing, and Assessors when assessing. 3. To make out, prepare, and enforce the use of all forms in relation to the assessment of prop- erty, collection of taxes, and revenue of this State. 4. To hold regular meetings at the State Cap- itol, on the second Monday in each month, and such special meetings as the chairman may di- rect. 5. To annually assess the franchise, roadway, roadbed, rails, and rolling stock of all railroads operated in more than one county in this State, at their actual value, on the first Moiid-iy in Marcli. at twelve o'clock M.. and to apportion such as- sessment to the counties and cities and counties in which such railroads are located, in proportion to the number of miles of railway laid in such counties and cities and counties in the manner provided for in section three thousand six hundred and sixty-four of said Code. 6. To equalize the assessment of each mortgage, . deed of trust, contract, or other obligation by which a debt is secured, and which affects prop- erty situate in two or more counties, and to ap- portion the assessment thereof to each of such counties. 7. To transmit to the Assessor of each county, or city and county, its apportionment of the as- sessments made by said Board upon the fran- chises, roadways, roadbeds, rails, and rolling stock of railroads, and also its apportionment of the assessments made by such Board upon mort- gages, deeds of trust, contracts, and other obliga- tions by whicli deltts are secured, in the manner provided for in section three thousand six hun- dred and sixty-four of said Code. 8. To meet at tlie State Capitol on the first Mon- day in August, and remain in session from day to day, Sundays excepted, until the second Mon- day in September. 9. At such meeting to equalize the valuation of the taxable property of the several counties in this State for the purposes of taxation: and to the 763 Boards of Equalization. § 3692 end, under such rules of notice to the c4erli of ttie Board of Supervisors of the county affected there- by, as it may prescribe, to increase or lower the entire assessment roll so as to equalize the as- sessment of property contained in said roll, and malie the assessment conform to the true value in money of the property assessed, and to fix tlic rate of state taxation, and to do the things pro- vided in section three thousand six hundred and ninety-three of said Code; provided, that no Board of equalization shall raise any mortgage, deed of trust, contract, or other obligation by which a debt is secured, money, or solvent credits, above its face value. 10. To visit as a Board, or by the individual members thereof, whenever deemed necessary, the several counties of the State, for the purpose of inspecting the property and learning the value thereof. 11. To call before it, or any member thereof, on such visit, any officers of the county, and to re- quire them to produce any public records in their custody. 12. To issue subpoenas for the attendance of wit- nesses or the prodiiction of boolis before the Board, or any member tliereof, which subpoenas must be signed by a member of the Board, and may be served by any person. 13. To appoint a cleric, prescribe, and enforce his duties. The clerli shall hold his office during the pleasure of the Board. 14. To report to the Governor, annually, a state- ment showing: First— The acreage of each county in the State that is assessed. Second— The amount assessed per acre. Third— The aggregate value of all town and city lots. Fourth— The aggregate value of all real estate in the State. Fifth— The kinds of personal property in each county, and the value of each kind. Sixth — The aggregate value of all personal prop- erty in the State. Seventh — Any information relative to the assess- ment of property, and the collection of revenue. Eighth-Such further suggestions as it shall deem proper. §§ 3693-3695 Boards of Equalization. 764 15. To keep a recorfl of all its proceedings. [Amendment, approved March 28, 1895; Stats. 1895, p. 319. In efCect March 28, 1895.] § 3693. When, after a general investigation by the Board, the property is found to be assessed above or below its full cash value, the Board may, without notice, so determine, and must add to or deduct from the valuation: 1. The real estatfe. 2. Improvements upon such real estate. 3. Personal property, such per centum, respec- tively, as is sufBcient to raise or reduce it to its full cash value; provided, that no Board of Equal- ization shall raise any mortgage, deed of trust, contract, or other obligation by which a debt is secured, money, or solvent credits, above its face value. [Amendment, approved March 28, 1895. Stats. 1895. p. 321. In effect immediately.] Changes in section— repealed 1876; but re-enact- ed 1880. § 3694. Every county Auditor who fails to for- ward to the State Board of Equalization, and to the Controller, the statement provided for in sec- tion three thousand seven hundred and twenty- eight, forfeits to the. State one thousand dollars, to be recovered in an action brought by the at- torney general, in the name of the State Board of Equalization. [Amendment, approved March 28, 1895; Stats. 189,5, p. 321. In effect immediately.] § 3695. When the equalization among the sev- ertil counties is completed, the Cleric of the Board must transmit to each County Auditor a state- ment of the changes made by the Board in the as- sessment roll of the county, or in any assessment contained therein, and of the per centum to be added to or deducted from the valuation of such statement, which sliall be prima facie evidence of the regularity of all proceedings of the Board, resulting in the action which is the subject mat- ter of the statement. [New section approved April 3, 1880; Amendments 1880, p. 27. In effect April 3, 1880.] Changes in section— repealed 1876, re-enacted 1880. 765 Boards of Equalization. §§ 3696-3700 Prima facie evidence — defined: Code Civ. Proc, sec. 1833. § 3696. Between tlie first and second Mondays in September of eacli year, the Board must deter- mine the rate of State tax to be levied and col- lected upon the assessed valuation of the prop- erty of the State, which, after allowing five per cent for delinquencies in and costs of collection of taxes, must be sufficient to raise the specific amount of revenue directed to be raised by the legislature for State purposes. The Board must immediately thereafter transmit to the Board of Supervisors and county Auditor of each county a statement of such rate, and upon its receipt the clerli of said Board and county Auditor must each, in writing, notify the State Board of Equal- ization thereof. [Amendment approved Marcli 23, 1893; Stats. 1893, p. 300.] ' This section was also amended in 1891: Stats. 1891, pp. 445, 470; also 1878, 1876 and 1874. § 3697. Every person served with a subpoena who fails or neglects, without just excuse, to obey it, and every officer who i-efuses to obey the rules and regulations prescribed by the Board, or to perform the duties prescribed therein, forfeits to the State five hundred dollars, to be recovered by action in the name of the Board, which action may be commenced and tried In any county of the State. § 3698. Whenever the State Board of Equali- zation is satisfied that the Assessor or a Deputy Assessor of any county has linowingly, fraudu- lently, or corruptly assessed any property below its actual cash value, it must immediately inform the District Attorney of such county in writing of the facts that may have come to its knowledge, with a request that such assessor or Deputy As- sessor be prosecuted, and the District Attorney must at once comply with such request. § 3699. The Clerk or any member of the Board may administer and certify oaths. § 3700. The annual salary of each member of the Board, except the State Controller, Is three §§ 3701-37U4 Boards of Equalization. 766 thousand dollars, and the annual salary of the Clerk of the Board is eighteen hundred dollars, and each of said officers shall devote his entire time to the service of the State in performing the du- ties and acquiring the information required by this act. [New section, approved April 3, 1880; Amendments 1880, p. 27. In effect April 3, 1880.] § 3701. The salary of the Clerk of the State Board of Equalization is twenty-four hundred dollars per annum. [New section, approved March 15, 1883; Stats. 1883, p. 374.] Sec. 2. So much of section 3700 of said Code as conflicts with this act is repealed. § 3702. The members of the Board are entitled to their actual traveling expenses, and for con- tingent clerical assistance while traveling, in- curred by them in the discharge of their duties, the amount to be audited and allowed by the Board of Examiners; and the sum of five thou- sand dollars for each fiscal year is hereby contin- uously appropriated out of the General Fund of the State Treasury, to pay the same. The Secre- tary of State must assign an office for the Board in the State Capitol, in which must be transacted all its business, except as it in its nature must be transacted elsewhere. He must supply it witli stationery, fuel, and light, and the Superintend- ent of State Printing must execute its orders for printing. [Approved March 8, 1887.] § 3703. [Repealed April 1, 1870; Amendments, 1875-6, p. 11. In effect April 1, 1876.] § 3704. If the Board of Supervisors of any county fails or refuses either — 1. To furnish tlie assessor with the proper books, maps, map-books, or blanks for his use; or, 2. To furnish the assessor necessary office-room. Then the State Board of Equalization must, up- on the application of the assessor, furnish the necessary books, maps, map-books, blanks, or office room; and all the expense incurred in car- rying into effect the provisions of this section must, by the Secretary of the Board, be certified to the Controller, who must, in his next settle- 767 Levy of Taxes. §§ 3705-3713 ment with the Couuty Treasurer, of auy such county require such Treasurer to pay the amount out of any funds belonging to such county. [Amendment approved March 28, 1895; Stats. 1895, p. 321. In effect March 28, 1895.] Assessors of certain counties to pay deputies — whether appointed by order of State Board of Equalization or local Boards of Supervisors (in Siskiyou, Calaveras, Amador, or Alpine counties), Stats. 1874, p. 393. § 3705. The State Board of Equalization may, by an order entered upon its minutes, and certi- tted to the county auditor of any county, extend, for not exceeding twenty days, the time fixed in this title for the performance of any act, by the county Assessor, county Auditor, or county Boards of Equalization. [Amendment, approved March 28, 1895; Stats. 1895", p. 322. In effect March 28, 1895.] CHAPTER V. LEVY OP TAXES. § 3713. Rate of taxation. Amounts required for the several Funds. § 3714. Supervisors to regulate county rate of taxation. § 3715. When the Supervisors fall to levy such taxes, etc. § 3716. Tax to operate as a judgment or lien against prop- erty. § 3717. Tax on personal property a lien on real property. § 3718. Tax upon real property and tax on improvements a lien upon both. § 3719. Levy of State school tax. § 3713. The State Board of Equalization must for State purposes for the forty-ninth and fiftieth fiscal years, fix such an ad valorem rate of taxa- tion upon each one hundred dollars in value of taxable property in this State, as after allowing five per cent for delinquencies in and costs of col- lection of taxes, as provided in section three thou- sand six hundred and ninety-six of the Political Code, will raise for the forty-ninth fiscal year: First— For the general fund, two million five hundred and fifty-three thousand six hundred and two dollars. §§ 3714, 3715 Levy of Taxes. 768 Second— For the school fund, two million three hundred and fourteen thousand nine hundred and sixty-three dollars. Third— For the interest and sinliing fund, one hundred and forty-one thousand four hundred and thirty-five dollars. And for the fiftieth fiscal year: First— For the general fund, two million five liuudred and fifty-three thousand six hundred and two dollars. Second— For the school fund, two million three hundred and fourteen thousand nine hundred and sixty-three dollars. Third — For the interest and sinking fund, one hundred and forty-one thousand four hundred and thirty-five dollars. [Amendment approved March 31, 1897; Amendments 1897, chap, clxxxv.] § 3714. The Board of Supervisors of each county must, on the third Monday in September, fix the rate of county taxes, designating the num- ber of cents on eacli one hundred dollars of prop- ertj levied for each fund, and must levy the State and county taxes upon the taxable property of the county; provided, that it shall not be lawful for any Board of Supervisors of any county in the State to levy, nor shall any tax greater than fifty cents on each one hundred dollars of property be levied and collected in any one year, to pay the bonded indebtedness, or judgment arising there- from, of this state, or of any county, or munici- pality in this state. [Amendment, approved Marcli 28, 1895; Stats. 1895, p. 322. In effect im- mediately.] § 3715. The action of the State Board of Equalization, in fixing the rate of taxation for State purposes is, in the absence of action by the Board of Supervisors, a valid levy of the rate so fixed, and imposes upon the Auditor, Tax Collect- or, and all other officers charged with the perform- ance of any duties under the Revenue Law, the same obligations as if the Board of Supervisors had made the levy at the proper time. Levy of taxes— For twenty-fourth and twenty- fifth fiscal years, and provisions for enforcement thereof: Stats. 1874, p. 746; no costs recoverable 769 Levy of Taxes. §§ 3716-3719 where amount less than ten dollars: Stats. 1876, p. 286. § 3716. Every tax has the effect of a judgment against the person, and every lien created by this title has the force and effect of an execution duly levied against all property of the delinquent; the judgment is not satisfied nor the lien removed until the taxes are paid or the property sold for the payment thereof. § 3717. Every tax due upon personal property is a lieu upon the real property of the owner thereof, from and after 12 o'cloclv M. of the first Monday in March in each year. [In effect March 22, 1880.] Lien attaches ou first Monday in March, under Const. Cal. 1879. § 3718. Every tax due upon real property is a lieu against the property assessed; and every tax due upon improvements upon real estate assessed to others than the owner of the real estate, is a lien upon the land and improvements; whicli sev- eral liens attach as of the first Monday of March in each year. § 3719. The State Board of Equalization must levy annually, at the time other State taxes are levied, a tax of such number of cents on each one hundred dollars of value of taxable property in the State as will produce a net sum equal to the amount directed by the legislature as being nec- essary to be raised, by an ad valorem tax, for school purposes; and the assessment and collection of said tax shall be performed in the same manner and at the same time as other State taxes are assessed and collected. [Amendment, appi'oved March 28, 1895; Stats. 1895, p. 322. In effect im- mediately.] Pol. Code— 65. §§ 3727. 3728 Duties of Auditor. 770 CHAPTER VI. DUTIES OF THE AUDITOR IN RELATION TO REVE- NUE. § 3727. Auditor to enter in assessment book total valua- tions of property and show acreage of county. § 3728. Auditor to prepare duplicate statement, showing what. § 3729. Statements transmitted to State Controller and Board of Equalization. § 3730. Auditor to generally follow directions of State Board of Equalization. § 3731. Auditor to compute and enter taxes and foot up totals. § 3732. Delivery of duplicate assessment book to Col- lector, and Auditor's affidavit. § 3733. Auditor to retain original assessment book. [Re- pealed.] § 3734. Tax Collector charged with full amount of taxes levied. § 3735. Auditor to verify all statements made by him. § 3736. Transfer of assessment book from one Collector to another. § 3737. Penalty for Auditor's neglect of duty. § 3738. Dispensing with duplicate assessment book. § 3739. List of property redeemed. § 3727. The couuty Auditor, as soon as the as- sessment book is delivered to him by the Clerli of the Board of Supervisors, must proceed to add up the valuations, and enter the total valuation of each kind of property, and the total valuation of all property, on the assessment booli. The col- umn of acres must show the total acreage of the couuty. § 3728. The Auditor must, on or before the second Monday in Aug:ust in each year, prepare from the "Assessment Book" of such year, as cor- rected by the Board of Supervisors, duplicate statements, sliowing in separate columns — 1. The number of acres of land. 2. The total value of all property. 3. The value of real estate. 4. The value of the improvements thereon. 5. The value of personal property, exclusive of money. 771 Duties of Auditor. §§ 3729-3731 6. Ttie amount of money. 7. Ttie total assessed value of mortgages and trust deeds, with value of mortgages and trust deeds held by the various State institutions sep- arately shown. 8. The assessed value of all property sold to the State for delinquent taxes. [Amendment, ap- proved April 1, 1897; Amendments 1897, chap, cclxvii. In effect immediately.] See sec. 3732, post. § 3729. The Auditor must, as soon as such statements are prepared, transmit, by mail or ex- press, one to the Controller of State and one to the State Board of Equalization. § 3730. As soon as the Auditor receives from the State Board of Equalization a statement of the changes made by the Board in the assessment book of the county, he must make the correspond- ing changes in the assessment book, by entering the same in a column provided with a proper head- ing in the assessment book, counting any frac- tional sum when more than fifty cents as one dol- lar, and omitting it when less than fifty cents, so that the value of any separate assessment shall contain no fraction of a dollar; but he shall, in all cases, disregard any action of the Board of Su- pervisors which is prohibited by section three thousand six hundred and thii-ty-three of this Code. [Amendment approved March 28. 1895; Stats. 1895, p. 323. In effect March 28, 1895.] § 3731. The Auditor must then compute, and enter in a separate money column in the assess- ment-boolv, the respective sums, in dollars and cents, rejecting the fractions of a cent, to be paid as a tax on the property therein enumerated, and segregate and place in the proper columns of the book the respective amounts due in installments, as provided in section three thousand seven hun- dred and forty-six of this Code, and foot up the column, showing the total amount of such taxes, and the columns of total value of property in the county, as corrected under the direction of the State Board of Equalization. [Amendment, ap- proved March 28, 1895; Stats. 1895, p. 323. In ef- fect March 28, 1895.] §§ 3732-3736 Duties of Auditor. 772 § 3732. On or before tlie second Monday in Oc- tober, lie must deliver the corrected assessment book to the Tax Collector, with an affidavit at- tached thereto, and by him subscribed, as follows: "I, , Auditor of the county of , do swear that I received the assessment book of the tax- able property from the Clerk of the Board of Su- pervisors, with his affidavit thereto affixed, and that I have corrected it and made it to conform to the requirements of the State Board of Equali- zation; that I have reckoned the respective sums due as taxes, and have added up the columns of valuation, taxes, and acreage, as required by law." [Amendment, approved April 1, 1897; Amend- ments 1897, chap, cclxvii. In effect immediately.] § 3733. Section tliree thousand seven hundred and thirtv-three is hereby repealed. [Repealed March 28, 1895; Stats. 1895, p. 323. In effect March 28, 1895.] § 3734. On delivering the assessment book to the Tax Collector, the Auditor must charge the Tax Collector with the full amount of the taxes levied, except the taxes due upon the railway as- sessments made by the State Board of Equaliza- tion, and fortiiwitli transmit by mail to the Con- troller of State, in such form as tlie Controller may prescribe, a statement of the amount so charged. Any Auditor failing to forward such statement to the Controller for ten days after the i-oll has been delivered to the Tax Collector, for- feits to the State one thousand dollars, to be re- covered in an action brought by the Attorney- General, in the name of the Controller. [Amend- ment, approved April 1, 1897; Amendments 1897, chap, cclxvii. In eft"ect Immediately.] § 3735. The Auditor must verify, by his affi- davit attached thei'eto. all statements made by him under the provisions of this title. § 3736. The Auditor, if the assessment-book or the delinquent tax list is transferred from one col- lector to another, must credit the one and charge the other with the amount then outstanding on the tax lihst. [Amendment, approved March 28. 1895; Stats. 1895, p. 323, In effect immediately.] 773 Duties of Auditor. §§ 3737,3738 § 3737. The Auditor must, on or before the meeting of the Board of Supervisors on the third Monday in September, prepare a statement, in duplicate, showing: First— The indebtedness of the county, funded and floating, tlie amount of each class, and the rate of interest borne by each class of such in- debtedness, or any part thereof. Second — A concise description of all property owned by the county, with an approximate esti- mate of the value thereof, and the amount of cash in the county treasury subject to the payment of such indebtedness. Third— The rate of taxation for county purpos- es, as shown by the last tax levy made by the board. ' '4\ f\ i Fourth— The assessed value of all property, in detail, for the year. Fifth — Sucli other information as the Board of Supervisors or the Controller of State may re- quire. One of the statements mentioned in this section must be filed with the board on the tliird Monday in Se])teniber, and the other forwarded immediate- ly, by mail or express, to the Controller of State. Tlie Controller shall include in his biennial report to the Governor a digest and synopsis, in tabular form, of all reports received by liim under the provisions of this section. Any Auditor failing to furnish such statement within the time prescribed by law, or to forward to the Controller as herein directed, forfeits to the county one tliousand dol- lars, to be recovered in an action brought by the District Attorney in the name of the county. [New section, approved April 1, 1897; Amend- ments 1897, chap, cclxvii. In effect immediately.] § 3738. On or before the first Monday in March of each year, the Auditor shall furnisli the assessor ^^■ith blank "personal property" receipts in boolv form, with stubs attached, numbered the same as tlje receipts, each booli having fifty re- ceipts, in a form prescribed in section three thou- sand six hundred and forty, and charge the as- sessor with the number of receipts issued. On the lirst Monday in August, the assessor shall return all unused receipts, and the Auditor shall credit § 3739 Property Taxes. 774 him with the numbers returned. [Amendment, approved March 28, 1895; Stats. 1895, p. 324. In effect March 28, 1895.] § 3739. On or before tlie hour of the day fixed by the Tax Collector for the sale of the property delinquent for taxes, the Auditor must furnish such Tax Collector a report, in condensed form, of all property redeemed since the date of the tax sale for tlie preceding year. The Tax Collector must use such report in the enforcement of sec- tions three tliousand seven hundred and seventy- one, three thousand eight hundred and thirteen, and three thousand eight hundred and fourteen. [New section, approved April 1, 1897; Amend- ments 1897, chap, cclxvii. In effect immediately.] CHAPTER YII. COLLECTION OF PROPERTY TAXES. § 3746. Tax Collector to publish notice, specifying what. i 3747. Taxes, manner of payment. i 3748. Time and place of payment. of payment. § 3749. Manner of publication of notice. § 3750. Tax Collector to note date of payment. § 3751. Receipt to be given. § 3752. Payment of taxes of decedents, how enforced. § 3753. Settlement of Collector vith Auditor; when made; form of. § 3754. Liability of Tax Collector refusing or neglecting to settle. § 3755. Action against Collector for such refusal or neg- lect. § 3756. When taxes are delinquent, addition thereto of five per cent. § 3757. Certain times when taxes must not be received. (Repealed.) § 3758. Comparison of original and duplicate assessment books by Collector and Auditor. § 3759. When delinquent list must be completed. § 3760. All matters on assessment book, etc., to be set down in numerical or alphabetical order. § 3761. Credit to be given to Tax Collector on final settle ment, etc. 775 Property Taxes. § 3762. Tax Collector charged with delinquent taxes and five per cent, additional. § 3763. Statement to be transmitted to Controller by Au- ditor. § 3764. Publication of delinquent list; when made, and what to contain. § 376.5. Notice of sale appended to delinquent list. § 3766. Manner of making publication. § 3767. Time and place of sale to be designated. § 3768. Sale, when and where to take place. § 37o9. Copy of publication and affidavit to be filed with County Recorder and Clerk. § 3770. Additional sum collected to defray costs, etc.; diSr position of same. § 3771. Manner of conducting sale. (i 3772. Statement of sales. g 3773. Repealed. ? 3774. Idem. ? 3775. Idem. § 3776. Collector to give purchaser a duplicate certificate of sale. § 3777. Signature of certificates of sale, and disposition of copies. § 3778. Collector to enter in a book description of land sold, and other memoranda of certificate. g 3779. Repealed. § 3780. Time for redemption of property. § 3781. Redemption, in what money made; crediting amount and paying it over. g 3782. Repealed. g 3783. Idem. g 3784. Idem. § 3785. Collector's deed when property is not redeemed In time; charges for making and acknowledgment. § 3786. Recitals in deed primary evidence of what. § 3787. Deed conclusive evidence of what. § 3788. Title conveyed by deed. Deeds to State, record and effect of. § 3789. Assessment books, delinquent lists, etc., prima facie evidence of what. § 3790. Seizure and sale of personal property for taxes. § 3791. Manner of conducting sale, etc. § 3792. Sale must be made after notice. § 3793. Collector's charges and mileage for sale or seizure. § 3794. Title to such property vests in purchaser on pay- ment, etc. § 3795. Disposition of excess of proceeds over taxes, per- centage and costs. § 3796. Unsold portion to remain at risk of owner. § 3797. Comparison of delinquent list with unpaid assess- ments. § 374G Property Taxes. 776 § 3798. Oath administered to Tax Collector. § 3799. Final settlement of Collector with Auditor. § 3800. Collector's aifidavit, indorsed on list. ? 3^91. List of lands sold. ^ 3802. Repealed. ^ 3803. Idem. § 3802. Uncanceled taxes to be entered on assessment book of each succeediug year, until paid. § 3803. Rate of interest on delinquent taxes. §3804. Taxes, etc., illegally collected to be refunded. § 3805. When land assessed more than once. § 3806. Land irregularly assessed, etc., not to be sold. § 3807. What mistakes do not affect sale of property for taxes. § 3808. Collection of taxes from persons assessed, but re- moved to another county. § 3809. Evidence on trial of suit for such taxes. g 3810. Repealed. g 3811. Idem. i, 3812. Idem. § 3813. Assessment of property purchased by State, and adjournment of sales thereof. § 3814. No sale unless directed by State Board of Equali- zation. § 3815. Conditions of redemption of property sold to State. § 3816. Distribution of such redemption moneys. Ac. counts, etc. § 3817. Redemption of real estate sold for delinquent taxes and purchased by the State. § 3818. Redemption. § 3819. Payment under protest. § 3746. Within ten days after the receipt of the assessment book, tlie Tax Collector must pub- lish a notice specif j'ing: 1. Tliat the taxes on all personal property se- cured by real property, and one half of the taxes on all real proi)erty, will be due and payable on the second Monday in October, and will be de- linquent on the last Monday in November next thereafter, at six o'clock P. M., and that unless paid prior thereto, fifteen per cent will be added to the amount thereof, and that if said one half be not paid before the last Monday in April next, at six o'clock P. ]\r., an additional five per cent AV'ill be added thereto. That the remaining one- half of the taxes on all real property will be pay- able on and after the first Monday in January next 777 Property Taxes. §§ 3747,3748 and will be delinquent on the last Monday in April next, thereafter, at six o'clocli P. M., and that un- less paid prior thereto, five per cent will be added to the amount thereof. 2. That all taxes may be paid at the time the first installment, as herein provided, is due and paj'able. 3. The times and places at which payment of taxes may be made. [Amendment, approved April 1. 1807; Amendments 1897, chap, cclxvii. In effect immediately.] Acts providing for levy and collection of taxes. See General Laws, title "Taxation." Act requiring uniform method of collection of taxes. See General Laws, title "Taxation." § 3747. The taxes on any particular lot, piece, or parcel of land contained in any assessment may be paid separately from the whole assess- ment, bj' paying the amount of state and county taxes due on such lot, piece, or parcel of land, with a proper proportion of the amounts due as tax on personal property, penalties, if any, and a pi'oper proportion of the tax due to any school, road, or other lesser taxation. The tax-collector shall malce an entry on the margin of the assess- ment-book, sliowing what certain i)roperty has been released by the payment of the taxes as herein provided, together with the amounts of such taxes separately and specifically set forth, r Amendment, approved March 28, 1895; Stats. 1895, p. 324. In effect March 28, 1895.] § 3748. All taxes must be paid at the office of the tax-collector, unless the Board of Supervisors by order, made on or before the first Monday in October, direct that the taxes must be collected in the several townships of tlie county, or in eitlier thereof, or in any municipal corporation in said county, in which case the notice by the Tax Col- lector must specify a time and place within any township or municipal corporation named in such order, when and where the Tax Collector will at- tend to receive the payment of taxes. [Amend- ment, approved March 28, 1895; Stats. 1895, p. 324. In effect March 28, 1895.] §§ 3749-3753 Property Taxes. 778 § 3749. The notice in every case must be pub- lished for two weeliS in some weekly or daily newspaper published in the county, if there is one; or if there is not, then by posting it in three public places in each township. § 3750. The Tax Collector must mark the date of payment of any tax, or of the several partial payments, as the case may be, in the assessment- book, opposite the name of the person paying. [Amendment, approved March 31, 1891; Stats. 1891, p. 447. In effect first Monday in July, 1891.] § 3751. He must give a receipt to the person paying any tax, or any part of any tax, specifying the amount of the assessment and the tax, or part of tax, paid, and the amount remaining unpaid, if any, with a description of the property assess- ed; provided, that the receipt for the last install- ment of taxes may refer, by number or any other intelligent manner, to the receipt given for the first installment of taxes, in lieu of a description of the property assessed. [Amendment, approved March 31, 1891; Stats. 1891, p. 447. In effect first Monday in July, 1891.] § 3752. The Superior Court must require every administrator or executor to pay out of the funds of the estate all taxes due from such estate; and no order or decree for the distribution of any property of any decedent among the heirs or dev- isees must be made until all taxes against the es- tate are paid. In the same manner, the court must require the assignee to pay out of the funds of an insolvent's estate all taxes due from such estate; and no final discharge to such assignee shall be granted until all taxes against the insol- vent's estate are paid. [Amendment, approved Mai-ch 28, 1895; Stats. 1895, p. 325. In effect March 28, 1895.] Taxes paid bv parties interested in estate inures to benefit of all: Sec. .3642, ante. § 3753. On the first Monday in each month the Tax Collector must settle witli the Auditor for all moneys collected for the State or coiinty. and pay the same to the county Treasurer, and on the same day must deliver to and file in the office of the Auditor a statement, under oath, showing: 779 Property Taxes. §§ 3754-3757 1. An account of all his transactions and receipts since his last settlement; 2. That all money collected by him as Tax Col- lector has been paid. § 3754. A Tax Collector refusing or neglecting for a period of five days to make the payments and settlements required in this title, is liable for the full amount of taxes charged upon the assess- ment roll. § 3755. The District Attorney must bring suit against the Tax Collector and his sureties for such amount, and in case of neglect the Control- ler of State or the Board of Supervisors may re- quire him to do so; and wlien the suit is com- menced, no credit or allowance must be made to the Collector for the taxes outstanding. § 3756. On the last Monday in November of each year, at six o'cloclc P. M., all taxes then un- paid, except the last installment of the real prop- erty taxes are delinquent, and tliereafter the Tax Collector must collect, for the use of the county, or city and coimty, an addition of fifteen per cent thereon; provided, that if they be not paid before the last Monday in April next succeeding, at six o'clock P. M., he shall collect an addition of five per cent thereon. On the last Monday in April of each year, at six o'clock P. M., all the unpaid portion of the remaining one-half of the taxes on all real property are delinquent, and thereafter the Tax Collector must collect, for the use of the county, or city and county, an addition of five per cent thereon; provided, that the entire tax on any real property may be paid at the time the first in- stallment,, as above provided, is due and payable; and provided further that the taxes on all personal property unsecured by real property, shall be due and payable immediately after the assessment of said personal property is made. [Amendment, approved March 28, 1895; Stats. 1895, p. 325. In effect March 28, 1895.] § 3757. Section three thousand seven hundred and fifty-seven of the Political Code is hereby re- pealed. [Repealed December 23, 1873; Amend- ments 1873-4, p. 160. In effect December 23, 1873.] §§ 3758-3761 Property Taxes. 780 § 375S. On the second Monday in December of each year, in eacli of the counties, and cities and counties of this State, the Tax Collector must at- tend at the olMce of the Auditor with the assess- ment book, having all items of taxes collected marked "paid." The Auditor shall thereupon compute and enter against all the items of taxes i due and unpaid the penalty for delinquency, foot up the total amount of penalties then due, and must, within ten days thereafter, deliver to said Tax Collector the assessment book and charge him with the amount of said penalties. [Amend- ment, approved April 1, 1897; Amendments 1897, chap, cclxvii. In effect immediately.] § 3759. On the third Monday in May of each year, in each of the counties and cities and coun- ties of this State, the Tax Collector must attend at the office of the auditor with the assessment- book, having all items of taxes and penalties col- lected marked "paid," and at the same time he shall deliver to the auditor a complete delinquent list of all persons and property then owing taxes. [Amendment, approved March 28, 1895; Stats. 1895, p. 326. In effect immediately.] Publishing delinquent list: See sec. 3764, post. § 3760. In the list so delivered must be set down in numerical or alphabetical order, all mat- ters and things contained in the assessment book, and relating to delinqiient persons or property. § 3761. The Auditor must carefully compare the list with the assessment book, and if satisfied that it contains a full and true statement of all taxes due and unpaid, he must foot up the total amount of taxes so remaining xinpaid. credit the Tax Collector who acted under it therewith, and make a final settlement with him of all taxes charged against him on the assessment book, and must reqiiire from him the Treasurer's receipt, or if the Treasurer is the Collector, require from him an immediate account for any existing de- ficiency. Moneys derived from mortgage taxes for years 1870 and 1871, to be paid to counties which levied the taxes: Stats. 1872, p. 762. 781 Property Taxes. §§ 3762-3765 § 3762. After settlement with the Tax Collec- tor, as prescribed in the preceding section, the Au- ditor must charge the Tax Collector then acting with the amount of taxes due on the delinquent tax list, with the penalty or penalties added there- to, and within three days thereafter deliver the list, duly oertified, to such Tax Collector. [Amend- ment, approved March 28, 1895; Stats. 1895, p. 326. In effect Immediately.] § 3763. Within ten days after the final settle- ment, the Auditor must transmit, by mail or ex- press, a statement to the Controller of State, in such form as he requires, of eacli kind of prop- erty assessed and delinquent, and the total amount of delinquent taxes. If the Auditor fails to transmit such statement in the time prescribed by law, he shall forfeit to the State one thousand dollars, to be recovered in an action brought by the Attorney General in the name of the Control- ler. [Amendment, approved April 1. 1897; Amendments 1897, chap, eclxvii. In effect imme- diately.] § 3764. On or before the fifth day in June of each year the Tax Collector must publish the de- linquent list, which must contain the names of the persons and a description of the property de- linquent, and the amount of taxes, penalties, and costs due, opposite each name and description, with the taxes due on personal property, the de- linquent state, poll, road, and hospital tax, the taxes due each school, road, or other lesser taxa- tion district, added to the taxes on real estate, where the real estate is liable therefor, or the sev- eral taxes are due from the same person. The expense of the publication to be a charge against the county, or city and county. [Amendment, ap- proved March 28. 1895; Stats. 1895, p. 326. In ef- fect immediately.] . § 3765. The Tax Collector must append and publish with the delinquent list a notice that un- less the taxes delinquent, together with the costs and penalties,* are paid, the real propei'ty ujion whi ch such t axes are a lien will be sold. [Amend- * Amended also February 28. 189.5, reading "percentage" instead of "penalties." [Stats. 1895. p. 18.] Pol. Code— 66. §§ 3T6G-3770 Property Taxes. 782 uient, approved March 28, 1895; Stats. 1895, p. 32tJ. In effect immediatelj\] § 3766. The publication must be made once a week for tliree successive weelvs, in some newspa- per, or supplement tliereto, published in the coun- ty, and the board of supervisors must contract for such publication with the lowest bidder, and af- ter ten flays' public notice, that such will be let. The bidding must be by sealed proposals. If there is no newspaper published in the county, then by posting a copy of the list in three public places in each township. [Amendment, approved March 28, 1895; Stats. 1895, p. 326. In effect immediate- ly.] § 3767. The publication must designate the day and hour when the property will, by opera- tion of law, be sold to the State, which sale must not be less than twenty-one nor more than twen- ty-eight days from the time of the first publica- tion, and the place sliall be in the Tax Collector's office. [Amendment approved March 28, 1895; Stats. 1895, p. 320. In effect immediately.] § 3768. [Repealed March 28. 1895; Stats. 1895. p. 327. In effect March 28, 1895.] § 3769. The Collector, as soon as he has made the publication required in sections3764, 3765, 3766, and 3767. must file with the County Recorder and County Clerk respectively, a copy of the publica- tion, Avith an affidavit attached thereto that it is a true copy of the same; that the publication was made in a newspaper or supplement thereto, stat- ing its name and place of publication, and the date of each appearance; and in case there was no newspaper published in his county, that no- tices were put up in three public places in each of the townships, designating the township and places therein, which affidavit is primary evidence of all the facts stated therein. Primarv evidence — changed to prima facie in sees. 3788, 3789. S 3770. The Tax Collector must collect, in ad- dition to the taxes due on the delinquent list, to- gether with the penalties for delinquency, fifty cents on each lot. piece, or tract of land separately assessed, and on each assessment of personal 783 Property Taxes. §§ 3771-3773 property, which shall be paid to the county and be placed to the credit of the salary fund. [Amendment, approved March 28, 1895; Stats. 1895, p. 327. In effect March 28, 1895.] See sec. 3811, post. § 3771. On the day and hour iixed for the sale all the property delinquent, upon which the taxes of all kinds, penalties, and costs have not been paid, shall by operation of law and the declaration of the Tax Collector, be sold to the State, and said Tax Collector shall make an entry, "Sold to the State," on the delinquent assessment list, oppo- site the tax, and he shall be credited with the amount thereof in his settlement, made pursuant to sections three thousand seven hundred and ninety-seven, three thousand seven hundred and ninety-eight, and three thousand seven hundred and ninety-nine; provided, that on the day of sale the owner or person in possession of any prop- erty offered for sale for taxes due thereon, may pay the taxes, penalties, and costs due; and pro- vided further, that when the original tax amounts to the sum of three hundred dollars or more upon any piece of property or assessment delinquent, the state may bring suit against the owner of said property for the collection of said tax or taxes, penalties, and costs, as provided in section three thousand eight hundred and ninety-nine. [Amend- ment approved :\rarch 28. 1895; Stats. 1895, p. 327. In effect March 28. 1895.1 § 3772. Immediately upon completion of the sale provided for in the preceding section, the Tax Collector must, by mail or express, transmit to the Controller a statement or report in such form as the controller may desire, showing in detail each sale wherein the state became such purchas- er. [Amendment, approved March 28, 1895; Stats. 1895, p. 327. In effect March 28, 1895.] Basis of section: Stats. 1857, p. 332, sec. 16. 8 3773. [Repealed, jNIarch 28, 1895; Stats. 189.5, I-. 327.] Tlie original section provided for the designa- iinn by the owner of the propei'ty to be sold. There was a section .3773 adopted" at the same Mssion as the above repealing act. as follows: On the day of sale the owner or person §§ 3774-3777 Property Taxes. 784 in possession of any real estate offered for sale for taxes due thereon, may pay the taxes and costs due; but in case such taxes and costs are not paid by the owner or person in possession, or by some one on behalf of such owner or person in possession, the whole amount of the propertj' as- sessed shall be struck off to the people of the State as the purchaser; provided, that when the said taxes amount to the sum of three hundred ch)llars or more, upon any piece of property, the State may bring suit against the owner of said property for tlie collection of said taxes and costs, as provided in section three thousand eight hun- dred and ninety-nine of this Code. In each case the Tax Collector shall make an entry, "Sold to the State." on the delinquent assessment book op- posite the tax, and he shall be credited with the amount thereof in his settlement made pursuant to sections thirty-seven hundred and ninety-seven, thirty-seven hundred and ninety-eight, and thirty- seven hundred and ninetv-nine of this Code. [Stats. 1895, p. 18. In effect February 25, 1895.] § 3774. [Repealed February 25, 1895, and in effect March 28, 1895. Repealed March 28, 1895; Stats. 1895, p. 327.] § 3775. [Repealed February 25, 1895; Stats. 1895, p. 19; and March 28, 1895; Stats. 1895, p. 327.] § 3776. The Tax Collector must make out a certificate of delinquent tax sale for each piece or tract of land sold, dated on the day of the sale, stating (when known) the name of the person as- sessed, a description of the land sold, that it was sold for delinquent taxes to the State, and giving the amount and year of the assessment, and spec- ifying when the State will be entitled to a deed. [New section approved April 1, 1897; Amend- ments 1897, chap, cclxvii. In effect immediately.] § 3777. Such certificate must be signed by the Tax Collector, regularly numbered in a book, and the book must be filed in the office of the County Recorder, and when so filed, with the Recorder's filing on each certificate in said booli. it must be regarded as recorded in the Recorder's office. The State Controller shall prescribe the form of such 7S5 ProiJerty Taxes. §§ 3778-3780 certificate of sale and record book. The Recorder must index sucli certificates of sale in an index booii, kept for that purpose, the form of which shall be prescribed by the State Controller. In case of a redemption, or a subsequent sale of any of said pi'operty by the State, the Recorder must enter on the margin of the certificate, describing such property in said certificate book of record in his ofiice the fact of such redemption or sale, giv- ing the date thereof, and by whom redeemed. [New section approved April 1, 1897; Amendments 1897, chap, cclxvii. In effect immediately.] § 3778. [Repealed March 28, 1895; Stats. 1895, p. 328. In effect immediately.] During the same session in which this section was repealed, an amendment td the section was approved, as follows: The Collector must, in a book provided for that purpose, enter a description of the land sold, cor- responding to the description in the original as- sessment-roll, the date of sale, that it was sold to the State, the amount for which it was sold, and must regularly number the descriptions on the margin of the book. Such book must be open to public inspection, Avithout fee, during office hours, when not in actual use. ^Amendment approved February 28, 1895; Stats. 1895, p. 19. In effect February 25, 1895.] § 3779. [Repealed February 25, 1895; Stats. 1895, p. 19. In effect immediately. Also repealed March 28, 1895; Stats. 1895, p. 328. In effect im- mediately.] § 3780. A redemption of the property sold may be made by the owner, or any party in interest, within five years from the date of the sale to the State, or at any time prior to the entry or sale of said land, by the State, in the manner provided by section three thousand eight hundred and sev- enteen. [Amendjnent approved March 28, 1895; Stats. 1895, p. 328. In effect March 28, 1895.] At the same session this section was also amended to read as follows: A redemption of tlie property sold may be made by the owner, or any party in interest, within five §§ 3781-3785 Property Taxes. 786 years from the date of the purchase by the State. or at any time prior to the entry or sale of said land in the manner applicable to other State lands of lilve character. [Amendment approved I'ebruary 25, 1895: Stats. 1895, p. 19. In efCect I'ebruary 25, 1895.] § 3781. Redemption must be made to the County Treasurer on an estimate furnished by the Auditor, in lawful money of the United States, and the Treasurer must account to the State for all moneys received under such redemption, which said money shall be distril)uted in the manner provided by section three thousand eight hundred and sixteen. [Amendment approved March 28, 1895; Stats. 1895, p. 328. In efCect March 28, 1895.] An amendment of February 28, 1895, Stats. 1895. p. 19, of the same section, was same as above, ex- cept the words "on an estimate furnished by the Auditor." § 3782. [Repealed February 25, 1895; Stats. 1895, p. 19. In effect February 25, 1895.] § 3783. [Repealed February 25, 1895; Stats. 1895, p. 19. In effect "I^ebruary 25, 1895.] § 3784. [Repealed February 25, 1895; Stats. 1895, p. 19. In effect February 25, 1895.] § 3785. If the property is not redeemed with- in the time allowed by law for its redemption the Tax Collector, or his successor in office, must make the State a deed of the property, reciting in siich deed the name of the person ass^sed (when known), the date of sale, a description of the land sold, the amount for which it was sold, that it was sold for delinquent taxes, giving the assessed value and the year of assessment, the time when the right of redemption had expired, and that no person has redeemed the propert.v in the time al- lowed by law for its redemption. No charge shall be made by the tax-collector for the making of any such deed, and the acknowledgment of all such deeds shall be taken by the county cleric free of charge. All such deeds shall be recorded 787 Property Taxes. § 3785 iu the office of the County Recorder of the coun- ty wherein the property sold is situated, and said Recorder shall make no charge therefor. The State Controller shall provide uniform blank deeds, upon which all conveyances to the State un- der the provisions of this section shall be made. All such deeds, after being duly recorded, as here- in provided, shall be forwarded by the County Re- corder to the Controller. The Controller shall re- cord such deeds at length in a book to be provided for that purpose, in which boolv a marginal space shall be left to show the subsequent disposition of the property by the State; provided, however, that when State lands have been sold to the State upon which the full purchase price of one dollar and twenty-five cents per acre has not been paid, the deeds to the State, after being duly recorded as herein provided, shall be forwarded by the County Recorder to the Surveyor General, and remain on file in his office, and the State shall dis- pose of such lands in the manner provided in sec- tion three thousand seven hundred and eighty- eight. In all cases where land has heretofore been sold to the State for delinquent taxes, the deed therefor shall be made to the State within one year after this act takes effect; provided, five years shall have elapsed after the date of such sale. [Amendment approved March 28. 1895; Stats. 1895, p. 328. In effect March 28, 1895.] At the same session the statute was also amend- ed to read as follows: If the property is not redeemed within the time allowed by law for its redemption, the collector, or his successor in office, must make the State a deed of the property, reciting in the deed the date of sale, the name of the person assessed, when known, a description of the land sold, the amount paid therefor, that it was sold for taxes, giving the amoimt and the year of assessment, and the time when the preferred right to purchase the land will expire, and that no person has redeem- ed the property during the time allowed for its re- demption. No cliarge shall be made by the Col- lector for the making of any such deed, and ac- knowledgments of all such deeds shall be taken by the County Clerk free of charge. All said deeds shall be recorded in the office of the County Re- corder of the county wherein the property sold is §§ 3786-3788 Property Taxes. 788 situated, and said Recorder shall make no charge therefor. The State Controller shall provide uni- form blank deeds, upon which all conveyances to the State under the provisions of section thirty- seven hundred and eighty-five of the Political Code shall be made. [Amendment approved Feb. 25, 1895; Stats. 1895, p. 19.] § 3786. The matters recited in the certificate of sale must be recited in the deed, and such deed, duly acknowledged or proved, is primary evidence that: 1. The property was assessed as required by law; 2. The property was equalized as required by law; 3. The taxes were levied in accordance with law; 4. The taxes V\ere not paid: 5. At a proper time and place the property was sold as prescribed by law, and by the proper offi- cer; 6. The property was not redeemed: 7. The person who execiited the deed was the proper officer; 8. Where the real estate was sold to pay taxes on personal property, that the real estate belong- ed to the person liable to pay the tax. Tax certificate, what must contain: Sec. 3776, ante. § 3787. Such .deed, duly acknowledged or proved, is (except as against actual fraud) con- clusive evidence of the regularity of all other pro- ceedings, from the assessment by the Assessor, inclusive, up to the execution of the deed. Such deed conveys to the State the absolute title to the property described therein, free of all en- cumbrances, except when the land is owned by the United States, or this State, in which case it is prima facie evidence of the right of possession, accrued as of the date of the deed to the State. [Amendment approved March 28, 1895; Stats. 1895, p. 329. In effect March 28, 1895.] § 3788. When State lands, upon which the full purchase price of one dollar and twenty-five cents per acre has not been paid, and the deed therefor to the State provided for in section three thousand 789 Property Taxes. § 3788 seven hundred and eighty-five has been forward- ed to and filed with the Surveyor General, the said lands shall again become subject to entry and sale, in the same manner, and subject to the same conditions, as apply to other State lands of like character, except that the former possessors of the lands thus deeded to the State, their heirs or as- signs, shall be preferred purchasers thereof for the period of six months after the deeds are filed with the Surveyor General; but the Surveyor Gen- eral shall not permit an entry, or make a sale of any lands thus deeded to the State, except upon the previous payment into the State Treasury, as oth- er moneys are required to be paid therein, in ad- dition to the price of said lands as compared with the price fixed for other State lands of like char- acter, by the person or persons proposing to make the entry or purchase, of a sum equal to the de- linquent taxes, penalties, costs, and accruing costs, by virtue whereof the State became a pur- chaser of the lands thus sought to be entered or purchased, and also all delinquent taxes, penal- ties, and costs, which may have accrued upon such lauds prior to and subsequent to the date of the sale to the State, in pursuance of which the State received a deed therefor. The money thus paid into the treasury shall be distributed in the manner prescribed in section three thousand eight hundred and sixteen; provided, that the moneys received for twenty per cent of the pur- chase money and accruing interest, together with the principal, in case of full payment on the lands, shall be distributed by the Surveyor Gen- eral, in the manner now provided by law for such distribution. [Amendment approved Mai'ch 28, 1895; Stats. 1895, p. 329. In effect March 28, 1895.] There was also adopted at the same session an- other section 3788, as follows: Such deed conveys to the State the absolute ti- tle to the property described therein, as of the date of the expiration of the period of five years from the date of the sale of said property to the State, free of all encumbrances, except when the land is owned by tlie United States or this State, in which case it is prima facie evidence of the right of possessif)n, accrued as of the date of the deed to the State. All said deeds when recorded § 3789 Property Taxes. 790 by the Recorders of the several counties, as pre- scribed in section thirty-seven hundred and eighty-five of this Code, shall be duly certified by such County Recorder, and shall be duly filed in the office of the Surveyor General, and thereupon the land shall again become subject to entry and sale in the same manner, and subject to the same conditions, as apply to other State lands of like character, except that the former possessors of lands thus deeded to the State, their heirs or as- signs, shall be preferred purchasers tnereof for the period of six months after the deeds are filed with the Surveyor General, as prescribed in this section; but the Surveyor Genei'al shall not per- mit an entry, or ma lie a sale of any lands thus deeded to the State, except upon the previous pay- ment into the State Treasury, in addition to the price of said lands, as compared with the price fixed for other State lands of a lilie character, by the person or persons proposing to make the entry or purchase, of a sum equal to the delinquent taxes, costs, and penalties, by virtue whereof the State became a purchaser of the lands thus sought to be entered or pureliased. and also all delinquent taxes, costs, and penalties which may have ac- crued upon such lauds subsequent to the date of the sale to the State, in pursuance of which the State I'eceived a deed therefor. The money thus paid into the State treasury shall be distributed in the manner prescribed in section thirty-eight hundred and sixteen of this Code. In all cases wliere land has lieretofore been sold to the State for delinquent taxes, the deed therefor shall be made within one year after this act takes effect; provided, five years shall have elapsed after the date of such sale. [In effect February 25, 1895, p. 20.] § 3789. The assessment-book, or delinquent list, or copy thereof, certified by the County Audi- tor, showing unpaid taxes against any person or property, is prima facie evidence of the assess- ment, the property assessed, the delinquency, the amount of taxes due and unpaid, and that all the forms of law in relation to the assessment and levy of such taxes have been complied with. [Amendment appi-oved March 28. 1895; Stats. 1895, p. 330. In effect immediately.] i 791 Property Taxes. §§ 3790-3797 § 3790. The Assessor of each county, and city and county, shall have power, between the first Monday in Marcli and the third Monday in July of each year, to collect the taxes due on personal property, except when real estate is liable there- for, by seizure and sale of any personal property owned by the delinquent. [Amendment approved March 28, 1895; Stats. 1895, p. 330. In effect im- mediately.] See post, sees. 3820 et seq., as to collection of taxes by Assessor. § 3791. The sale must be at public auction, and of a sutticient amount of the property to pay the taxes, percentage, and costs. § 3792. The sale must be made after one week's notice of the time and place thereof, given by publication in a newspaper in the county, or by posting in three public places. § 3793. For seizing or selling personal prop- erty, the Assessor may charge in each case the sum of three dollars, and the same mileage as is allowed by law to the sheriff of tlie county. [Amendment approved Marcli 28, 1895; Stats. 1895, p. 330. In effect immediately.] § 3794. On payment of the price bid for any property sold, the delivery thereof with a bill of sale, vests the title thereto in the purchaser. § 3795. All excess over the taxes, per cent, and costs of the proceeds of any such sale, must be returned to the owner of the property sold, and until claimed must be deposited in the County Treasiu-y, sul).iect to the order of the owner, heirs, or assigns. § 3796. The unsold portion of any property may be left at the place of sale at the rislv of the owner. § 3797. The tax collectoi- must, on or before the last day in .June of eacli .year, attend at tlie §§ 3798-3S02 Troperty Taxes. 792 office of the auditor with the delinquent list, with all items collected marked "paid" thereon, and the auditor must then carefully compare the list with the assessment of persons and property not marked "paid" on the assessment book, and when taxes have heen paid, must note the fact in the appropriate column in the assessment book. [Amendment approved March 28, 1895; Stats. 1895, p. 330. In eifect immediately.] § 3798. The Auditor must then administer to the Tax Collector an oath, to be written and sub- scribed in the delinquent list, that every person and all property assessed in the delinquent list on which taxes have been paid has been credited in the list with such payment. § 3799. The Auditor must then foot up the amount of taxes unpaid, and credit the tax-col- lector with tlie amount, and have a final settle- ment with him: and the delinquent list must re- main on file in the Auditor's office. [Amendment approved March 28. 1895: Stats. 1895, p. 330. In effect immediately.! § 3800. At the time mentioned in section three thousand seven hundred and sixty four the tax collector must make an affidavit, indorsed on the list, that the taxes not marked "paid" have not been paid. [Amendment approved March 28, 1895: Stats. 1895. p. 330. In effect immediately.] § 3801. It shall be the duty of the Tax Collec-' tor, within thirty days after the sale of any land for delinquent taxes, to furnish to the Auditor the complete printed list of all such lands so sold, and thereupon the Auditor shall enter upon the as- sessment book of the current year, immediately after the description of the property, the fact that said property has been sold for taxes, and the date of such sale. [Amendment approved April 1. 1897: Amendments 1897, chap, cclxvii. In effect immediately.] § 3802. [Repealed. In effect April 3, 1876.] « r93 Property Taxes. §§ 3803-3805 § 3803. Section three thousand eight hundred and three is hereby repealed. [Repealed March 28, 1895; Stats. 1895, p. 331. In effect March 28, 1895.] § 3804. Any taxes, penalties, and costs paid more than once, or erroneously or illegally col- lected, may, by the order of the Board of Super- visors, be refunded by the County Treasurer; and whenever any payments shall have been made to the State Treasurer by the County Treasurer, as provided by sections three thousand eight hundred and sixty-five and three thousand eight hundred and sixty-six of this Code, and it shall afterwai-ds appear to the satisfaction ot tlie Board of Su- pervisors that a portion of the money so paid has been paid more than once, or erroneously or ille- gally collected, said board may refund such por- tions of said taxes, penalties,' and costs so paid to the State Treasurer, to the' person entitled to the same, out of the general fund in the County Treasury; and upon rendering the report required by section three thousand eight hundred and six- ty-eight, the Auditor shall certify to the Control- ler, in such form as the Controller may prescribe, all amounts so refunded, and in the "next settle- ment of the County Treasurer with the State the Controller, if satisfied of the legality of such re- funding by said Boai-d, shall give such treasurer credit for the State's portion of the amounts so refunded, as prescribed in section three thousand eight himdred and seventy-one. [Amendment approved March 28. 1895; Stats. 1895, p. 331. In effect March 28, 1895.] § 3805. WJien the Tax Collector discovers that 'any property has been assessed more than once for the same year, he nmst collect only the tax justly due. and make return of the facts, under afiidavit to tlae Auditor, wlio sliall, wlien directed to do so by tlie Board of Supervisors, cancel one of said erroneous or double assessments by an entry on the margin of the assessment book, as ;ils(» on tlie delincinent list, sliould such erroneous n- double assessment be carried therein. If the property assessed under such erroneous or dou- ilc assessment has ))oen sold, and a certificate or Ici'd therefor has been issued, such fact shall be Pol. Code-67. §§ 3S06, 3807 Property Taxes. 794 certified to the Controller by the Auditor and Tax Collector, and thereupon the Controller shall is- sue his certificate, under seal, authorizing the Au- ditor to cancel such erroneous or double assess- ment; provided, no cancellation of an erroneous or double assessment shall be made in any case until the taxes, penalties, and costs upon one of such assessments shall have been paid. When- ever the possessory interests in lands belonging to the United States, or lands upon which final payment had not yet been made to the United States at the time of such assessment, has been assessed and sold to the State for delinquent State and county tax.es, the Board of Supervisors, in the respective counties, shall, upon application of the owner of the lands, his representative, or any party interested therein, direct the County Auditor to cancel the certificate of sale, in which such possessoi-y interest was sold, or any deed which may have been made to the State, under such sale. Before an order to cancel the certi- ficate or deed, as provided in this act, shall be granted, the applicant shall tile with the board a certificate from the Register of the United States Land Oflice, showing that at the date when such taxes so assessed became a lien, final payment for the land had not yet been made to the United States; provided, that no order to can- cel such sales or deeds, of possessory interest, shall be made where the person, to whom such possessory interests were assessed, afterwards ob- tained a patent from the United States for such lands. Such certificate of the register shall be filed with the application, and preserved as a part of the record of the Board of Supervisors. [Amendment approved April 1. 1897; Amend- ments 1897, chap, cclxvii. In effect immediately.] § 3806. If the Collector discovers before the sale that on account of irregular assessment, or of any other error, any laud ought not to be sold, he must not offer the same for sale: and the Board of Supervisors must cause the Assessor to enter the uncollected taxes upon the assessment book of the next succeeding year, to be collected as other taxes entered thereon. § 3807. When laud is sold for taxes correctly imposed as the property of a particular person, no 795 Property Taxes. §§ 3808-3814 misnomer of the owner, or supposed owner, or other mistake relating to the ownership thereof, af- fects the sale, or renders it void or voidable. § 3808. If any person removes from one coun- ty to another, after being assessed on personal property, the Assessor of the county in which he was assessed may employ an attorney to sue for and collect the same in the Assessor's name; but such Assessor shall not be relieved from the pro- visions of this chapter. [Amendment approved March 28, 1895; Stats. 1895, p. 332. In efeect March 28, 1895.] Tax suits, generally: See post, sec. 3899. § 3809. On the trial a certified copy of the assessment, signed by the Auditor of the county where the same was made, with the affidavit of the- Collector thereto attached, that the tax has not been paid, describing it as on the assessment book or delinquent list, is primary evidence that such tax and the per centum is due, and entitles him to judgment, unless the defendant proves that the tax was paid. (See sees. 3788-9.) § 3810. [Repealed March 28, 1895; Stats. 1895, p. 332. In effect March 28, 1895.] § 3811. [Repealed March 28. 1895; Stats. 1895, p. 332. In effect immediately.] § 3812. [Repealed March 28. 1895; Stats. 1895, p. 332. In effect immediately.] § 3813. In case property assessed for taxes is purchased by the State, pursuant to provisions of section three thousand seven hundred and seventy- one* of this Code, it shall be assessed each sub- sequent year for taxes until a deed is made to the State therefor in the same manner as if it had not been so purchased. [Amendment approved March 28, 1895; Stats. 1895, p. 332. In effect March 28, 1895.] ♦Amendment of February 25, 1895, Stats. 1895, p. 21, of the same section read "3773" instead of "3771." § 3814. In case an assessment is made under the provisions of section three thousand eight hun- dred and thirteen of this Code, and the lands are I § 3815, 3816 Property Taxes. 79i; uot redeemed from a previous sale had under sec- tion three thousand seven hundred and seventy-one, as provided by law, no sale shall be had under the assessment authorized by said section three thou- sand eight hundred and thirteen. [Amendment approved March 28, 1895; Stats. 1895, p. 332. In effect immediately.] § 3815. In case property is sold to the State, pursuant to section three thousand seven hundred and seventy-one of this Code, and is subsequently assessed pursuant to section three thousand eight hundred and thirteen of this Code, no person sliall be permitted to redeem from such sale, except up- on payment of the amount of such subsequent as- sessments, costs, fees, penalties, and interest. [Amendment approved March 28, 1895; Stats. 1895, p. 332. In effect immediately.] Redemption of property sold to the State: See Stats. 1878, p. 951; 1880, p. 29 or 9. Same for taxes of 1874-75, see Stats. 1876, p. 687. § 3816. Whenever property sold to the State, pursuant to the provisions of this chapter, shall be redeemed as herein provided, the moneys received on account of such redemption shall be distributed as follows: The original and subsequent taxes, and percent- ages, penalty, and the interest paid on redemp- tion, shall be apportioned between the State and county, or city and county, in the same pi'opor- tion that the State rate bears to the county, or city and county rate of taxation; the additional penal- ties received on account of delinquency together with the costs shall be paid into the treasury for the use and benefit of the county, or city and coun- ty; the total amount received for State poll tax shall be paid to the State, without deduction of any percentages; tne amounts received for road or hospital poll tax, and the amounts received for school, or road district, or other taxes, together witli the penalties thereon, shall be paid into the County Treasury and placed to the credit of the proper funds. The County Treasurer and Auditor sliall each keep an accurate account of any and all moneys received in pursuance of this section, and shall at the time the Treasurer is I'equired to settle with the State, in pursuance of sections three 797 Property Taxes. § 3817 thousand eight hnuclred and sixty-five, three thou- sand eight hundred and sixty-six, and three thou- sand eight hundred and sixty-eight, malce a de- tailed report, verified by their aflidavit, of eacli ac- count, year for year, to tlie Controller of State, in such form as the Controller may desire. [Amend- ment approved March 28, 1895; Stats. 1895, p. 333. In effect March 28, 1895.] At the same session there was adopted anoth- er section 3816, reading as follows: Whenever property sold to the State, pursuant to the provisions of this chapter, shall be redeem- ed as herein provided, the moneys received on ac- count of such redemption shall be distributed as follows: The original and subsequent taxes, and all percentages and penalties paid in redemption, except as hereinafter provided, shall be apportion- ed between the State and county, in the same pro- portion that the State tax beai-s to the county tax; the five per cent additional, and the money receiv- ed for delinquent poll tax, shall be paid to the county; the percentage allowed for the collection of the delinquent poll tax shall be paid to the Col- lector, and the costs to the parties entitled thereto. The County Treasurer shall keep an accurate ac- count of all money paid in redemption of property sold to the State, and shall, on the first Monday of June in each year, make a detailed report, verified by his affidavit, of each account, year for year, to the Controller of State, in such form as the Con- troller may desire. Whenever the State shall re- ceive from the Tax Collector any grant of propei*- ty so sold for taxes, the same shall be recorded, at the request of the County Treasurer, free of charge, by the County Recorder, and shall be im- mediately reported by the County Treasurer to the State Board of Equalization. [In effect Februai'y 25, 1895.] § 3817. In all cases where real estate has been or may hereafter be sold for delinquent taxes to the State, and tlie State has not disposed of the same, the person whose estate has been or may hereafter be sold, his heirs, executors, adminis- trators, or other successors in interest, shall, at any time after the same has been sold to the State, and before the State shall have disposed of the same, have the right to redeem such real es- § 3817 Property Taxes. 798 tate, by paying to the County Treasurer of the county wherein the real estate may be situated, j the amount of taxes due thereon at the time of said sale, with interest thereon at the rate ol seven per cent per annum; and also all taxes that were a lien upon said real estate at the time said taxes became delinquent: and also for each year since the sale for Avhich taxes on said land have not been paid, an amount equal to the percentage of taxes for that year upon the value of the real estate as assessed for that year; or, if not so as- sessed, then upon the value of the property as as- sessed in the year nearest the time of such redemp- tion, with interest from the first day of July fol- io Aving each of said years, respectively, at the same rate, to tlie time of redemption; and also all costs and expenses of such redemption, as here- inafter specified, and penalties as follows, to-wit: Teu per cent, if redeemed within six months from the date of sale; twenty per cent, if redeemed with- in one year therefrom; forty per cent, if redeemed within [wo years tlierefrom; sixty per cent, if re- deemed within three years therefrom; eighty per cent, if redeemed witliin four years therefrom; and one hundred per cent, if redeemed within five or any greater number of years therefrom. The penalty shall be computed upon the amount of each year's taxes in lilie manner, reclioning from tlie time when the lands would have been sold for the taxes of that year, if there had been no pre- vious sale thereof. The Countj^ Auditor shall, on the application of the person desiring to redeem, make an estimate of the amount to be paid, and shall give him triplicate certificates of the amount, specifying the several amounts thereof, which cer- tificates shall be delivered to the County Treas- urer, together- Avith the money, and the County I'reasurer shall giA^e triplicate receipts, written or indorsed upon said certificates, to the redemption- er, who shall deliver one of said receipts to the State Controller, and one to the County Auditor, taking their receipts therefor. The County Treas- urer shall settle for the moneys received as for other State and county moneys. Upon the pay- ment of the money specified in said certificate, and the giving of the receipts aforesaid by the Treas- urer, Controller, and Auditor, any deed or certi- ficate of sale that may have been made to the 799 Property Taxes. §§3818,3819 State shall become null and void, and all right, title, and interest acquired by the State, under and by virtue of the tax sale, shall cease and deter- mine. The receipts of the County Treasurer, Con- troller, and County Auditor may be recorded in the Recorder's office of the county in which said real estate is situated, in the booli of deeds, and the record tliereof shall have the same eftect as that of a deed of reconveyance of the interest conveyed by such deed or certificate of sale. This act shall apply to State lands sold by the State when the full amount of the purchase price of one dollar and twenty-five cents per acre has not been paid to the State therefor, except when the deed to the State, provided for in section three thousand seven hundred and eighty-five, has been filed with the Surveyor General. [Amendment approved April 1, 1897; Amendments 1897, chap, cclxvii. In effect immediately.] § 3818. A partial redemption may be made sep- arately from the whole assessment, of any lot, piece, or parcel of land contained in any assess- ment, if such lot, piece, or parcel has a separate valuation on the assessment roll, in the manner following: In the estimate provided for in the pre- ceding section, the Auditor shall estimate the amount of State and county taxes due on such lot, piece, or parcel of land, together with a proper proportion of the taxes due on personal property under such assessment, and of the taxes due each school, road, or lesser taxation district; and such redemption shall be made in the manner provided for in the preceding section. The Recorder shall note, on the margin of the record of the certificate of sale, a description of the property thus re- deemed, and shall specifically set forth the sev- eral amounts of taxes paid upon such redemption. [New section approved April 1, 1897; Amendments 1897, chap, cclxvii. In effect immediately.] There was also a section 3838 amended in 1895, Stats. 1895, p. 334. § 3819. At any time after the assessment-book has been received by the tax-collector, and the taxes have become payable, the owner of any property assessed therein, who may claim that the assessment is void in whole or in part, may § 3819 Property Taxes. 800 pay the same to the tax-collector under protest, which protest shall be in writing, and shall speci- fy whether the whole assessment is claimed to be A'oid, or if a part only, what portion, and in either case the grounds upon which such claim is found- • ed; and when so paid under protest, the payment shall in no case be regarded as voluntary payment, and such owner may at. any time within six months after such payment bring an action against the county, in the Superior Court, to re- cover baclv the tax so paid under protest; and if it shall be adjudged that the assessment, or the part thereof referred to in the protest, was void on the ground specified in the protest, judgment shall be entered against such county therefor; pro- vided, that no assessment shall be declared void on account of deductions being made for mort- gages where part payments have been made and not released upon the record. On the payment of any such judgment, such part of the tax reeovei'ed thereby as may have been paid by the County Treasurer into the State Treasury, shall be regard- ed as an amount due tlie county from the State; and shall be deducted in the next settlement had by the county with the Controller; such deduc- tions to be made in the manner that other deduct- ions are made, as provided in section three thou- sand eight hundred and seventy-one of this Code. [Amendment approved March 28. 1895; Stats. 1895, p. 335. In effect March 28, 1895.] Departniont qf Public Instruction JA^'2 01903 ABS'l 801 Collection of Taxes. §§ 3820-3822 CHAPTER VIII. COLLECTION OP TAXES BY THE ASSESSOR ON CER- TAIN PERSONAL PROPERTY. § 3820. When and by whom taxes on personal property collected. § 3821. Assessor may collect such taxes by seizure and sale. § 3822. Mode of conducting such seizure and sale. § 3823. Rate of previous year governs amount of taxes col- lected. § 3824. Return of excess where lower rate fixed for year of collection. § 3825. Collection of deficiency where higher rate is fixed. § 3826. Monthly settlement of Assessor with Auditor. § 3827. Auditor to note the amount of taxes paid by each person. § 3828. Auditor to note excesses or deficiencies in taxes paid. § 3829. Compensation for collecting delinquent personal taxes. § 3830. Present incumbents to discharge duties of Assessor . § 3831. Liability of Assessors. § 3820. The Assessor must collect the taxes on all property when, in his opinion, said taxes are not a lieu upon real property suthcient to secure the payment of the taxes. The taxes on all as- stssments of possession of, claim to, oi- i- possession of land, shall be immediately due and payable upon assessment, and shall be collected by the Assessor as provided in this chapter. [Amendment approved April 1, 1897; Amendments 1897, chap, cclxvii. In effect immediately.! § 3821. In the case provided for in the preced- iuj:; section, at the time of making the assessment, or at any time before the third Monday of July, the As.sessor may collect the taxes by seizure and sale of any personal property owned by the per- son against whom the tax is assessed. [Amend- ment approved April 1, 1897; Amendments 1897, chap, cclxvii. In effect immediately.] § 3822. The provisions of sections 3791, 3792. 3793, 3794, 3795. and 379G apply to such seizure and sale. §§ 3823-3820 Collection of Taxes. 802 § 3823. The Assessor shall be governed as to the amount of taxes to be collected upon personal property by the State and county rate for the pre- vious year. [Amendment apprcTved March 28, 1895; Stats. 1895, p. 335. In effect immediately.] § 3824. When the rate is fixed for the year in which such collection is made, then, if a sum In excess of the rate has been collected, such excess shall not be apportioned to the State, but the "Whole thereof shall remain in the County Treas- ury, and must be repaid by the County Treasurer to the person from whom the collection was made, or to his assignee, on demand therefor. [Amend- ment approved March 10. 1885. In effect March 10, 1885.] § 3825. If a sum less than the rate fixed has been collected, the deficiency must be collected by the Tax Collector as other taxes on real and per- sonal property are collected. [Amendment ap- proved April 1, 1897; Amendments 1897, chap, cclxvii. In effect immediately.] § 3826. The Assessor, on the first Monday in each month, must make a settlement with the Auditor, and must pay into the County Treasury all moneys collected by him for such taxes during the preceding month. [Amendment approved March 28, 1895; Stats. 1895, p. 335. In effect im- mediately.] § 3827. The Auditor must, as soon as the "as- sessment book" for the year comes into his hands, note opposite the names of each person from whom taxes have been collected the amount thereof. § 3828. As soon as the rate of taxation for the year is fixed, the Ai:ditor must note, in connection with the entry made under the provisions of the preceding section, the amount of the excess or de- ficiency. § 3829. For services rendered in the collection of taxes under section three thousand eight hun- dred and twenty, the Assessors- of the several counties, or cities and counties, shall receive such compensation as the act governing salaries of county oflicers may provide. [Amendment ap- 803 Collection of Taxes. §§ 3830, 3831 proved March 28, 1895; Stats. 1895, p. 335. In ef- fect immediately.] § 3830. [Repealed March 28, 1895; Stats. 1895, p. 336. In effect March 28, 1895.] § 3831. Within fifteen days after the first Mon- day in August of each year, the Auditor of the county, or city and county, must make a careful examination of the assessment-book or boolis of the county, or city and county, and ascertain there- from the amount or amounts of all taxes that should have been collected by the Assessor in pursuance of this chapter, and which have not been collected. He must then state an account to the Assessor, and demand from him that the amount, or amounts, so remaining uncollected shall be paid into the County Treasury within fif- teen days from the date of said demand. If at the expiration of said time, -the Assessor has not settled for and paid said amount, or amounts, in- to the Treasury as aforesaid, the District Attor- ney must commence an action in the proper court against the Assessor and his bondsmen, for the recovery of said amount or amoimts so remaining uncollected; and upon the trial of such action no defense shall be admissible, except that the as- sessment or assessments are illegal, invalid, or void. [New section approved March 28, 1895; Stats. 1895, p. 33(j. In effect March 28, 1895.] § 3839 Poll Taxes. S04 CHAPTEK IX. POLL TAXES. § 3839. Persons liable to poll tax. § 3840. Period for collection of poll taxes by Assessors. § 3841. Blank poll tax receipts must be ordered printed for County Treasurer. § 3842. Style of blank to be changed each year. § 3843. County Treasurer's duties in relation to poll tax blanks. § 3844. Auditor to sign blank receipts, and make entry of number signed. § 3845. Blanks to be delivered to and charged Assessor. § 3843. Poll tax may be collected by seizure and sale of personal property. § 3847. Mode of conducting such seizure and sale. § 3848. Debtors of persons owing poll tax to pay poll tax for such persons. § 3849. What officers are debtors under the preceding sec- tion. § 3850. Debtor may charge his creditor for such poll tax paid. § 3851. Receipt for poll tax delivered to purchaser of prop- erty sold for such tax, or to person paying the same. § 3852. Receipt only evidence of payment. § 3853. Monthly settlement of Assessor with Auditor for poll taxes, and payment into County Treasurer's office. § 3854. Assessor's yearly final settlement with Auditor and Treasurer for poll taxes. § 3855. Auditor to return receipts not used to the Treas- urer. § 3856. Treasurer to credit Auditor with such receipts, and seal and keep them. § 3857. Assessor to keep a roll of persons liable for poll tax, and of payments and delinquents. § 3858. Proceedings of Auditor when such roll returned to him. § 3859. Assessor to note on assessment roll persons refus- ing to pay poll tax. (Repealed.) § 3S60. Unpaid poll tax, with percentage, a lien on prop- erty of delinquent. § 3861. Proceeds of poll tax paid to County Treasurer for sole use of State School Fund. § 3862. Compensation allowed to Assessor and Collector for collecting such tax. § 3839. Every male iuhabitaiit of this State, over twenty-one and under sixty years of age, ex- 805 Poll Taxes. §§ 3840-3848 cept paupers, insane persons, and Indians not taxed, must annually pay a poll tax of two dol- lars; provided, the same be paid between the first Monday in March and the first Monday in July; but if not paid prior to the first Monday in July, then it shall be three dollars; provided, further, that nothing herein shall affect any laws imposing a greater poll tax upon inhabitants ineligible to citizenship. [Aniendment approved March 22, 1880; Amendments 1880, p. 17. In effect March 22, 1880.] Section conforms to Const. Cal. 1879, art. 13, sec. 12. Exemption of firemen in certain counties: See post. Appendix, p. 1029. § 3840. Poll tax must be collected by the Asses- (Sors between the first Monday in March and the ilast Monday in December of the same year. [[Amendment approved March 28, 1895; Stats. 1895, jip. 386. In effect immediately.] § 3841. The County Treasurer must, before the first ^londay in March and the first Monday in fJuly of each year, cause to be printed, respective- ly, two and three-dollar blaidc poll tax receipts, in boolv form, witli stubs numbered tlie same as the ■receipts, of one hundred in eacli boolv, a suflicient number for the use of tlie Assessor. The stubs slijill have a line for the name of the poll tax payer, his age, residence, occupation, by whom em- tl»l()yod, and the name of the deputy collecting the lax. [x\mendment approved Marcli 28, 1895; Stilts. 1895, p. 33G. In effect immediately.] ^ 3842. The style of sucli blanlvs must be •li.iiiged every year. S 3843. The Treasurer must, before the third .M. Seat, §§ 3902-3909 CouuTy Boundaries. 824 removal of, Const. Cal. 1879, art. 11, sec. 4; see sees. 3976-398.5. Township, organization for, Const. Cal. 1879, art. 11, sec. 4. § 3902. This State is divided into counties, named, bounded and constituted as provided in tills title. Counties — as they now exist, recognized as legal subdivisions of this State, Const. Cal. 1879, art. 11, sec. 1. Boundaries— and seats, sees. 3909-3958; disputed, sec. 3969 et seq. New county, act providing for transfer of fund on: See General Laws, title "Counties." Acts relating to boundary lines between certain counties: See General Laws, title "County Bound- aries." § 3903. In describing courses the words "north," "south." "east" and "west," mean true courses, and refer to the true meridian unless otherwise declared. § 3904. The words "northerly," "southerly," "easterly" and "westerly," mean due north, due south, due east and due west, unless controlled by other words, or by lines, monuments, or natural objects. § 3905. The words "to," "on," "along," "with," or "by" a mountain or ridge, mean summit point, or summit line, unless otherwise expressed. § 3906. The words "to," "by," "along," "with," "in," "up" or "down" a creek, river, slough, straight, or bay, mean the middle of the main channel thereof, unless otherwise expressed. § 3907. The words "in," "to" or "from" the ocean shore mean a point three miles from shore. The words "along," "with." "by" or "on" the ocean shore, mean on a line parallel with and three miles from the shore. § 3908. The mouth of a creek, river or slough which einpties into another creek, river or slough, is the point where the middle of the channel inter- sects. DEL NORTE. § 3909. Situated in the northwest corner of the 825 County Boundaries. §§3910,3911 State of California, beginning at a point in tlie Pa- cific ocean, on ttie forty-second parallel of noi'tli latitude, three miles from shore, being on the southern line of Oregon; thence running south- erly, three miles from ocean shore, to a point on the nortliern line of Humboldt county, one mile south of the mouth of Klamath river; thence east- erly, along the northern boundary of Humboldt county, to the summit of a spur of the Sisliiyou range of mountains; thence northerly, following the summit of said spur of the Sisliiyou range of mountains, to the forty-second parallel of north latitude; thence due west to the place of beginning. [In effect March 11, 1887.] County seat — Crescent City. Basis of section: Stats. 1857, p. 35; 1851, p. 21. KLAMATH. § 3910. Beginning at southwest corner of Del Norte, as established in section 3909; thence south- erly, by ocean shore, to a point west from the mouth of Mad river, foi-miug southwest corner; thence east to a point in Trinity river, which forms common corner of Humboldt, Klamath and Trinity; thence northeasterly to and along Scott's mountain to its point of intersection with the ridge dividing the waters which flow into Scott's. Shasta and Sacramento rivers on the north from the waters which flow into Salmon and Klamath rivers on the south, forming the common corner of Sisliiyou, Klamath and Trinity; thence northerly to and along the last mentioned ridge to the south- east corner of Del Norte, as established in section 3909; thence westerly along the southern line of Del Norte to the place of beginning. County seat— Orleans Bar. Basis of section— Stats. 1851, p. 180; 1855, p. 200; .1856, p. 32; 1857, p. 35. Annexation of Klamath county — to Humboldt and Sislviyou counties: See Act in Stats. 1874, p. 755, and amendatory and supplementary Act in Stats. 1876, p. 603. SHASTA. § 3911. Beginning at the northern line of Te- hama, at the head of Bloody Island, in Sacra- mento river; thence to and down the eastern chan- § 3912 County Boundaries. 826 nel to the mouth of Battle Creek; thence easterly, up Battle creek, by the main channel, to the mouth of the middle fork, known as Digger creek; thence up Digger creek to its head; thence east to a point south of Black Butte mountain, forming southeast corner; thence north, on western line of Lassen, to a rock mound, forming northeast corner, on south- ern line of Siskiyou; thence west, on said south- ern line, to Castle roclv, forming northwest corner; thence soutlierly along Trinity mountain to the head of Bee Gum Creek, forming southwest cor- ner; thence easterly, down Bee Gum. Middle Fork and CottouAvood Creeks to the western channel of Sacramento River; thence, by direct line, to the point of beginning. County seat— Shasta City. Basis of section— Stats. 1851, p. 177; 1852, p. 228, 235; 1850, p. 118; 1857, p. 25, 109; 1859, p. 259; 1864, p. 2G4. LASSEN. § 3912. Beginning at southwest corner, on the northern line of Sierra, as established in section 3921, at a point on the summit of the ridge which crosses said line, and which divides Long Valley from Sierra Valley; thence northwesterly, follow- ing said ridge, to a point due south from the town of Susanville; thence westerly, along the ridge separating the waters which flow into the east branch of the nortli fork of Feather River, run- ning through Indian Valley, from those which flow into the north fork of Feather River, running through Mountain Meadows, to a point on said ridge south from the point where the old and pres- ent traveled road from the Big Meadows, via Hamilton's ranch, first crosses the said nortli fork: thence north, to a point east of the southeast cor- ner of Shasta: thence west, along said extension line, to a point due south of Black Butte Moun- tain, being southeast corner of Shasta: thence north, to a point on southern line of Siskiyou marked by a rock mound, being northwest corner of I^assen and northeast corner of Shasta: thence east, along said line to the eastern boundary of the State; thence south along said State line.' to the northeast corner of Sierra, as established in Sec- tion 3921; thence west, along the line of Sierra, to the place of beginning. County seat— Susanville. 827 County Boundaries. §§3913,3914 Basis of section— Stats. 1864, p. 264; 1865, p. 453. Survey of boundary line— between Lassen and Sisldyou, Stats. 1872, p. 886, SISKIYOU. § 3913. Commencing on the northern line of the State of California, at the range line between ranges numbered four (4) and tive (5) east of Mount Diablo base and meridian; thence due south on said range line to the northern line of Shasta county; thence westerly along the northern line of Shasta and Trinity counties to the top of the ridge dividing tlie waters of the Salmon and Its tributaries from the waters that flow into the Klamatli and Trinity Rivers and their tributaries, to where the Salmon enters the Klamath River; thence westerly on a direct line to the summit of the spur of the Siskiyou range of mountains; thence northeasterly, following the southeasterly line of Del Norte county, as described in section one of this Act, to the forty-second parallel of north latitude; thence due east along the line di- viding the States of Oregon and California, to the place of beginning. [In effect March 11, 1887.] County seat^Yreka. Stats. 1852, 233: 1861, 273. See also act of March 28, 1874, as to partitioning of Klamath county, between Sislciyou and Hum- boldt counties, ante, sec. 3910. Modoc county, act creating: See General Laws, title "Modoc County." HUMBOLDT. § 3914. Beginning at southwest corner of Kla- math, as established in Section 3010: thence east, to common corner of Klamath, Humboldt and Trinity, in Trinity River, as established by Section 3910; tlience southeasterly, up Trinity River, to the mouth of its sotith forlv; thence southeastei'ly, along the eastern side of said south fork, one hun- dred feet alwve high water mark, to the motith of Grouse Creek: thence soutli, to a point on the fortieth degree of north latitude, being on north- ern line of Mendocino, and foririing southeast cor- ner of Humboldt; tlience west, on said line to the Pacific ocean; thence northerly, along the ocean shore, to the place of beginning. C'ounty seat— Eureka. §§ 3915,3916 County Boundaries. 828 Basis of section— Stats. 1853, p. 161; 1856, p. 37; 1862, p. 6. Annexation of part of Klamatti countv— to Hum- boldt, see sec. 3910. TEHAMA. § 3915. Beginning at tlie point of intersection of Sacramento River with soutli line of Township Twenty-three north. Mount Diablo base; thence west, on said line, being northern line of Colusa, to the summit of the Coast Ilange, being south- west corner; thence northerly, on said summit line to the southwest corner of Shasta, as established in Section 3911; thence easterly, on the southern line of Shasta, as established in Section 3911, to the northwest corner of Plumas, being the point of in- tersection of southern line of Shasta with the sum- mit line of the dividing ridge between the waters of Mill and Deer Creeks, tributaries of the Sacra- mento Kiver, and Kice's and Warner's Creeks, tributaries of the North Fork of Feather Itiver, forming northeast corner of Te- hama; thence southerly, along said sum- mit line, to the north point of Butte county, it being the point where tlie northern road from Big Meadows to Butte Meadows, by Dye's house crosses the said summit line; thence south- westerly, in a direct line, to the head of Eocli Creeli; thence southwesterly, down Rock Creek, to the south line of Township Twenty-four nortli. Mount Diablo base: thence west, on said line, to the Sacramento River; thence along said river to the place of beginning. County seat— Red Bluff. Basis of section— Stats. 1856, pp. 118, 222; 1857. pp. 25, 109, 134; 1859, p. 359. COLUSA. § 3916. Beginning at southeast corner being nortlieast corner of Yolo, in Sacramento River, at its intersection with the south line of Township Thirteen north. Mount Diablo base; thence west, on said township line to tlie ridge dividing the waters flowing into Bear Creek and Stony Creelv, from those flowing west into tlie north fork of Cache Creelv and Clear Dake; thence northerly, along said ridge to the summit line of the Coast 821) Couuty Boundaries. § 3917 llauge, being tlie western line of Lalve, forming soutliwest corner of Colvisa and nortliwest corner of Yolo; thence northerly on said summit and western boundary of Lalvo, through Hull's Moun- tain, to the southwest corner of Tehama, as es- tablished in Section 3915; thence easterly on south- ern line of Tehama to initial point of Tehama, in Sacramento River on south line of Township Twenty-three; thence down said river to the south- west corner of the Llano Seco Grant; thence noi'theasterly, along said grant line to its intersec- tion, with the northern boundary of Township Nineteen north; thence east to Butte Creek; thence down Butte Creek to Butte Slough; thence up Butte Slough to Sacramento River; thence down Sacramento River to the place of beginning. County seat— Colusa. Basis of section— Stats. 1851, p. 179; 1853, p. 193; 185G, pp. 118, 124. Location of boundary between Glenn and Co- lusa: See General Laws, title "County Bounda- ries." LAKE. § 3917. Beginning at the summit of Mount Hull, ne^r Mount St. John, on the western line of Colusa, and forming the northeast corner of Lake and east corner of "Mendocino; thence southerly and circuitously, by the summit line of the Ma- yacmas Range, being the dividing ridge between the waters flowing into the Russian and Eel Rivers and those flowing easterly into Clear Lake, to the summit of Mount St. Helena; thence east- erly along the line heretofore established, to the Buttes Canyon road; thence easterly, in a right line, to the 'most northern point of the Berryessa Rancho; thence easterly along the northern line of said rancho, to the northeast corner thereof; thence east to the western line of Yolo county, as established in Section 3929; thence northerly, on the western line of Yolo and Colusa counties, to the place of beginning. County seat— Lakeport. . Basis of section— Stats. 1801, p. 5G0; 1864, pp. 97, 111; 1868, p. 269; 1870, p. 442. Boundary line between Lake and Yolo counties —Act to more clearly define. Stats. 1872, p. 903. Pol. Code— 70. §§ 3918, 3919 County Boundaries. 830 MENDOCINO. § 3918. Beginning at the southwest corner of Humboldt, as established in Section 3914; thence southwesterly, by the ocean shore, to a point three miles west of Walhalla River; thence east to the mouth of said stream, and up the channel two miles; thence easterly in a direct line, on north- ern line of Sonoma, to the most northern and high- est peak of Redwood mountain; thence east to the western boundary of Lalie, on the summit of the Mayacuias ridge; thence northerly, along the west- ern' and northern boundary of Lake, as established in Section .3917, to the northeast coi'ner thereof; thence nortlierly, along the western boundaries of Colusa and Tehaina, as established in Sections 3915 and 3910. to a point on the line of tlie foi'tieth parallel of north latitude, forming the northeast corner of Mendocino and the southeast corner of Trinity; thence west along said parallel, on south- ern line of Humboldt and Trinity, to the place of beginning. County seat— Ukiah City. Basis of section -Stats. 1851, p. 178; 1859, p. 98; 1804, pp. 94, 334. TRINITY. § 3919. Beginning at the northeast corner of Mendocino, as established in Section 3918, on the summit line of the Coast Range; thence north- erly, on said range and the western line of Te- hama and Shasta, to the point of intersection witli the southern line of Siskiyou, being northeast cor- ner of Trinity and northwest corner of Shasta; thence westerly, on the ridge dividing the waters flowing soutli and west into Trinity and Salmon Rivers from the waters flowing north and east into Scott's and Sacramento Rivers, to common corner of Klamath, Sislviyou and Trinity, as es- tablished in Section 3910; thence southwesterly, on the line of Scott's Mountain, being the southern line of Klamath, to common corner of Trinity, Klamath and Humboldt, as established in Section 3909; thence southerly, by the eastern line of Humboldt, to the fortieth parallel of latitude, be- ing tlie nortliern line of Mendocino, forming south- west corner; thence east, to the place of beginning. County seat— WeavervlUe. Basis of section— Stats. 1851, p. 179: 18.53. p. 161: 1855. p. 200. 831 Couuty Boundaries. §§ 3920,3921 PLUMAS. § 3920. Beginning on dividing ridge between the waters of Yuba and Feather Kivers, at com- mon corner of Yuba, Butte and Plumas, estab- lished by survey and map of Joseph Johnston, County Surveyor of Yuba county, July, eighteen hundred and tifty-seven, and indicated by a large spruce tree standing in front of the Buclieye House, marlied "Corner of Plumas, Butte and Yuba;" thence northeasterly, by direct line to the northwest corner of Sierra and the south corner of Plumas, in Slate Creek, at a point where the third course or terminating north and south line of sur- vey of Keddie and Church, made June nineteenth, eighteen hundred and sixty-six, crosses said creek; thence northeasterly, up said creek, to the inter- section of the first north and south line of said sur- vej'; thence noi'th. on said Irue, to the initial point thereof, being the summit line of the ridge divid- ing the waters of Feather River from the Avaters of thel'uba River; thence easterly, on said summit line, and east to "The Falls," about one mile be- low the outlet of Gold Lake; thence east, to the summit of the ridge which divides Long Valley from Sierra Valley, this point forming the most southern soutliwest corner of Lassen, as estab- lished in Section 3912, also tlie southeast corner of Plumas: theuce northwesterly, on the southwestern irregular line of Lassen, as estal)lislie(l in Section 3912, to the southeast corner of Shasta, as estab- lished in Section 3911; thence west, on the south- ern line of Shasta, to the noi-theast corner of Te- hama, as establislied in Section .391.5; thence southerly, on the ridge, being eastern line of Te- hama and Butte, to the point of intersection of a line running northwesterly from the initial point, at the Buclceye House, in line Avith said initial point and the southern edge of Walker's Plains; thence on said line to the place of beginning. County seat— Quincy. Basis of section— Stats. 1854, p. 120; 1864, p. 264; 1860, p. 605; 1868, p. 462. SIERRA. § 3921. Beginning at the south corner of Plu- mas, in the center of Slate Creek, as established in Section 3920; thence easterly, on southern line § 8922 County Boundaries. 832 of Plumas, as established in said section, to the range line between Townsliip T^nenty-one north, range thirteen east, and Township Twenty-one north, fourteen east, ^It. Diablo meridian; thence north, on said range line, to the northwest corner of Township Twenty-one north, fourteen east, Mt. Diablo B. and M.; thence east on the line be- tween Townships Twenty-one and Twenty-two north, Mt. Diablo base, to the State line forming the northeast coi-ner; thence south on said State line to the northeast corner of Nevada county, a point east of the source of South Fork of the Mid- dle Yuba River; thence west to the source of and down the South Fork and Middle Yuba River to a point ten miles above the mouth of the latter; thence in a straight line northerly to a point on the North Fork of the Yuba River known as Cuteye Foster's Bar; down said river to the mouth of Big Canyon Creek, then up said creek four miles; thence in a straight line to the place of beginning. County seat — Downieville. [Amendment ap- proved March Ifi, 1874; amendments 187.3-4, p. 166. In effect March 16, 1874.] Before amendment 1874 — altering northerly line. .section founded on Stats. 1852, p. 230; 1863, p. 114; 1866, p. 228; 1868, p. 462. BUTTE. § 3922. Beginning at the northwest corner of Yuba, in Feather River, at the mouth of Honcut Creek; thence northeasterly, up the Honcut Creek and the north or Natchez branch of the same, to its source, on line established by Surveyor Gene- ral, on survey of Westcoatt and Henning, eighteen hundred and fifty-nine; thence to the summit line of the ridge dividing the waters of the Yuba and Feather rivers; thence northeasterly, up said ridge, on line of said survey, to the third station tree westerly from the Woodville House; thence in a right line, fifty chains more or less, to a station tree easterly from said house about twenty-six chains — said right line passing about three chains northerly of said house; thence northeasterly on said ridge and survey, to a point on line of said survey a little westerly from the village of Straw- berry Valley— which point is two tliousand feet distant westerly, in right line from point of high- 833 County Boundaries. § 3923 est altitude on line of said survey east, and within three hundred yards of the village of Strawberry Valley; thence to the common corner of Plumas, Butte and Yuba, as established in Section 3920; thence northwesterly, on southwesterly line of Plumas, as established in said section, to the most eastern southeastern corner of Tehama, as estab- lished in Section 3915, forming also north cor- ner of Butte; thence southwesterly on the south- easterly line of Tehama to the southeast corner of Tehama, at point of intersection of Rock Creeli and southern line of Township Twenty-four north, Mt. Diablo base; thence west on said township line to the Sacramento River; thence down said river to the southwest corner of the Llano Seco grant; thence northeasterly, along said grant line to its intersection with the northei-n boundary of Township Nineteen north; thence east, to Wat- son's bridge, on Butte Creeli; thence on Colusa county east line, down Butte Creeli, to the north- west corner of Sutter county, as established in Section 3926; thence east, on north line of Sutter county to Feather River; thence down Feather River to place of beginning. County seat — Oroville. [Amendment approved March 7, 1874: amendments 1873-4, p. 167. In ef- fect March 7, 1874.] Stats. 1851, p. 177: 1853, p. 53; 18-54, p. 129; 18.56, pp. 118, 124, 222: 1857, pp. 25, 109, 120; 1859, p. 3.59; 1860, p. 115; 1861, p. 167. NEVADA. § 3923. Beginning at northwest corner, at a point in the main Yuba River, at the mouth of Deer Creek; thence up the main Yuba, to the mouth of the Middle Yuba; thence up the latter, to the mouth of the South Fork of the same; thence up the South Fork, to its source; thence east, to the eastern line of the State, all on the southeastern and southern lines of Y''uba and Sierra ; thence south, along the State line, to the northeast corner of Placer, as established in Sec- tion 3924; thence westerly, on the northern line of I'lacer, as established in said section, to the source of Bear River; thence down Bear River to a point south of the junction of Deer Creek and the main Y'uba, forming southwest corner; tlience north, to the place of beginning. §§ 3924,3925 County Boundaries. 834 County seat— Nevada City. Basis of section— Stats. 1851, p. 177; 1852, pp. 190, 191: 1856, p. 143. PliACER. § 3924. Beginning at a point where tlie west line of Townsnip Ten nortli, Kange Five east, Mt. Diablo meridian, intersects the northern line of Sacramento county, as established in Section 3928; thence north, on range line, to the northwest cor- ner of Section six, in Township Ten north. Range Five east; thence east, on township line, to the southwest corner of Section thirty-one, Township Eleven north. Range Five east; thence north, on range line, to the northwest corner of Township twelve north. Range Five east; thence east to the southwest corner of Section thirty-four. Township thirteen north, Range Five east; thence north, to Bear River; thence on southern line of Yuba and Nevada counties, up said river to its source; thence east, in a direct line, to the eastern line of the State of California, forming northeast corner; tlience southerly, along said line, to the northeast corner of El Dorado, as established in Section 3927; thence westerly, on the northern lines of El Dorado and Sacramento, as established in Sec- tions 3927 and 3928, to the place of beginning. [In effect March 39, 1889.] County seat— Auburn. Stats. 1851, p. 176: 1866, p. 223; 1870, p. 294. YUBA. § 3925. Beginning at southwest corner, at junction of Feather and Bear Rivers; thence up Bear River, on the line of Sutter and Placer, to southwest corner of Nevada, as established in Sec- tion 2923; thence north, on Nevada line, to the junction of Deer Creeli and main Yuba; thence up tlie main to tlie Middle Yuba, and up the Middle Y'uba ten miles, to the southwest corner of Sierra, as established in Section 3921 ; thence in direct line northerly, and on line of Sierra, to Cuteye Foster's Bar, on North Y'uba River; thence down the river to the mouth of Big Canyon Creels; thence up said creeli four miles; thence in direct line to south cor- ner of Plumas and northwest corner of Sierra, in Slate Creelv, as established in Sections 3920 and 3921; thence northwesterly, in a direct line, to 835 County Boundaries. § 3926, 3927 comuion corner of Plumas, Butte and Yuba, in front of Buclieye House, as established in Section 3920: thence on southwestern line of Butte, as es- tablished in Westcoatt and Henning's survey and map, down the Honcut Creeli to its junction with Feather River; thence down Feather liiver to the place of beginning. County seat— Marysville. Stats. 1851, p. 17(5; 1852, p. 230; 1800, p. 115; 1861, p. 167; 1866, p. 228. SUTTER. § 3926. Beginning at the northwest corner of Sacramento county, as established in Section 3928; thence up the Sacramento River to the mouth of Butte Creeli slough; thence down said slough to the dividing line between Sections Thirty-five and Thirty-six, Township Sixteen north. Range one west, Mount Diablo base and meridian; thence north, on said line to Butte Creelv; thence follow- ing said Butte Creek to its intersection with the south line of Section Nineteen, Township Seven- teen north, Range one east, Mount Diablo base and meridian; thence east, on section line to Feather River; thence down F'eather River to mouth of Bear River; thence up Bear River to northwest corner of Placer county, as established in Section 3924; thence along the western bound- ary of Filacer county to the southwest corner thereof; thence westerly along the nortliern bound- ary of Sacramento county to the place of begin- ning. [Amendment approved March 31, 1891. In effect immediately.] County seat— Yuba City. Stats. 1851, p. 176; 1852, p. 2.37; 1854, p. 26; 1856, p. 231; 1864, p. 301; 1866, p. 223; 1870, p. 294. EL DORADO. § 3927. Beginning on tlie west corner, at the junction of the North and South Forks of the American River; thence up tlie North Fork to the moxitli of the Middle Fork; thence up the Middle Fork to the mouth of the Soutli Forli of the Mid- dle Fork at Junction Bar; thence up said last- named fork to a point where the same is inter- sected by the Georgetown and Lake Bigler trail; tlience along said trail to Sugar Pine Point, on the western shore of Lalce Bigler; thence east to the § 3928 County Boundaries. 836 State line; thence south and southeasterly, on the State line, to the northern corner of Alpine, being the point where the State line crosses the eastern summit line of the Sierra Nevada moun- tains; thence southwesterly, along the west- ern line of Alpine, as established in Sec- tion 3931, to the common corner of Al- pine, Amador and El Dorado, as established by said section; thence Avesterly, on the northern line of Amador, as established in Section 3930, and down the Cosumnes River and South Forii thereof to the eastern line of Sacramento, as established in Section 3928; thence northerly, by the eastern line of Sacramento, to the South Forli of the American River; thence down the latter to the place of beginning. County seat— Placerville. Basis of section— Stats. 1851, p. 176; 1857, p. 33; 1863, pp. 23], 349; 1864, p. 178. SACRAMENTO. § 3928. Beginning on the northern line of the county, at a point ten miles north of a point which was, on the thirtieth of Marcli, eighteen hundred and fifty-seven, the mouth of the American River; thence easterly to the junction of the North and South Forlvs of said river: thence up the principal channel of tlie South Forlv to a point one mile above Mormon Island, so as to include said island in Sacramento county, forming the northeast cor- ner; thence southerly, to a point on the Cosumnes River, eight miles above the house of William Day lor; thence south to Dry Creek, forming south- east corner: thence down said Dry Creelv to its en- trance into the Mokelumne River; thence down the Mokebimne River to a point where said river divides into east and west branches; thence down the west branch to its junction with the east branch; thence down said river to its junction witli the San Joaquin River: thence down the San Joaquin River to the mouth of the Sacramento River, at the head of Suisun Bay, forming south- west corner; thence up tlie Sacramento River to the mouth of Merritt Slough; thence up said slough to the mouth of Sutter Slough; thence up said Sutter Slough to the Sacramento River: thence up the Sacramento River to a point west 837 County Boundaries. § 3929 of the place of beginning, forming tlie northeast corner of Sacramento county; thence east to the place of beginning. [Amendment approved April 1, 1878; amendments 1877-8, p. 70. In effect in sixty days.] County seat— omitted in amdt. 1878. YOLO. § 3929. Beginning on southeast corner, at the most easterly^northeast corner of Solano, in Sut- ter Slough, at its intersection ^Yith the first Stand- ard JN'orth; thence west on said standard line to west line of Range Three east. Mount Diablo me- ridian; thence north on said range line to the northeast corner of Township Seven north, Two east; thence west nine and. seventy-two one-hun- dredths chains to southeast corner of Township Eight, Two east; thence north on easterly line of said township to the old bed of Putah Creek; thence Avesterly up the old bed and main Putah Creek, to a point on eastern line of Napa, in the canyon called Devil's Gate, Avhere the highest ridge of mountains divides the waters of the Sac- ramento from Berryesa Valley, forming the most westerly of the southwest corners of Yolo and north- west corner of Solano; thence northerly along the highest ridge of said mountains to Cache Creek; thence east to the summit of the spur of the Coast Range, which divides the waters flowing east into Bear Creek and Stony Creek, and those flowing west into tlie North Fork of Cache Creek; thence northerly along the said dividing ridge, following the divide of said waters to the summit of the Coast Range of mountains on the easterly line of Napa and Lake and to the southwest corner of Co- lusa, as established in Section 3916; thence east- erly, on southern line of Colusa, as established in said section, to Sacramento River, forming the northeast corner at the point of intersection of the southern line of Township Thirteen north, Mount Diablo base; thence down sai4, p. 46: 185.5. pp. 113, 134; 1857, p. 251; 1863, p. 231; 1864, p. 178. ALPINE. § 3931. Beginning at north corner, at a point where the State line crosses the east summit of tlie Sierra Nevada mountains, being the most easterly corner of El Dorado; thence southwest- erly, along said summit to a point two miles west of .James Green's house, in Hope Valley, called Thompson's Peak: thence southwesterly, in a direct line, to a point on the Amador and Nevada turn- pike road, in front of Z. Kirkwood's house, being common coi'ner of Amador, Alpine and El Dorado; thence south, across the North Fork of the Mo- kelumne River, to the road leading from West Point, in Calaveras, to Big Tree road, near the Big Meadows; thence easterly, along said West Point road to the Big Tree road; tlience easterly, in a direct line to where the Sonora trail strikes the Middle Fork of the Stanislaus River; thence east- erly, along said trail to the summit of the Sierra Nevada mountains; laeuce northerly, along said summit to the dividing ridge between West Wal- ker and Carson Rivers; thence northeasterly, along said dividing ridge to the State line, forming east- 839 County Boundaries. § 3932 erly corner of Alpine and northerly corner of Mono; thence northwest along said State line to the place of beginning. County seat — Silver Mountain. Basis of section— Stats. 1864, p. 178; 18GG. p. 144; 1870, p. 20, SAN JOAQUIN. § 3932. Beginning at the junction of the San Joaquin and Mokelumne Rivers, on the line of Sac- ramento county; thence up the latter to the mouth of Dry Creek; thence up Dry Creek to the south- east corner of Sacramento, as established in Sec- tion 3928; tlience southeasterly, to a point on Mokelumne Kiver, being the point of beginning of survey of Boucher and Wallace of line between San Joa(iuin and Calaveras counties, May, eighteen hundred and sixty-four; thence southeasterly, on the line of said survey, to the extreme northern corner of Stanislaus county, on north side of and near to Calaveras Rivei", at a point on western line of liange Ten east. Mount Diablo meridian, as es- tablished by survey of George E. Drew, approved May, eighteen hundred and sixty, shown on map of said survey; tlaence south, on said range line, to Stanislaus River; thence down said river to its conrtuence witli the San Joaquin; thence south- west to the summit of the Coast Range, as shown on survey and map of Wallace and Stakes May, 1868, and forming the common cor- ner of San Joaquin, Stanislaus, Santa Clara and Alameda, as shown also on map of Boardman and Stakes. Jul.v, eighteen hun- dred and sixty-eight; thence northwesterly, follow- ing the summit of the said Coast Range to a post near tlie niiddle of Section Thirty-two, Township Four south, Range Four east; thence north to the southeast corner of Contra Costa, being a point on •the west channel of the San Joaquin River, as laid down on (5!ibbe's map, at a bend where the said west cliannel, i-unniug downward, takes a genei'al course north, which point is sliown on map of Boardman and Stakes, July, eigliteen hundred and sixty-eight; thence down the said west cliannel to its confluence with the main river; thence down said river to the place of beginning. County seat— Stockton. Basis of section—Stats. 1851, p. 175; 1852, pp. 178, 180: 1860, p. 34. §§ 3933, 3934 County Boimdaries. 840 STANISLAUS. § 3933. Beginning at common corner of Stan- islaus, Santa Clara, Alameda and San Joaquin, on the summit of Mount Boardman, of the Mount Diablo range, as shown on survey and map of Wallace ami States, May, eighteen hundred and sixty-eight; thence southeasterly, on the summit line of said range, being eastern line of Santa Clara, to the northwest corner of Merced, forming the southwest corner of Stanislaus, as established by survey and map of A. J. Stakes. July, eighteen hundred and sixty-eight; thence northeasterly, on line as established by said last-named survey, to the junction of the Merced and San Joaquin Eivers; thence down the San Joaquin seven miles; thence in a direct line a little north of east to a monument established by survey of A. J. Stakes, being on the summit of the ridge between Merced and Stanislaus, and marking common cornerof Tu- olunme, Merced. T*Iariposa and Stanislaus; thence northwesterly, in a direct line, and crossing the Stanislaus River, to monument established by sur- vey and map of (ieorge E. Drew, May, eighteen hundred and sixty, on the north bank of said last- named river; thence northwesterly, on line of said survey, to its intersection with western line of Kange Ten east. Mount Diablo meridian, which point is marked by a monument establishing the north corner of Stanislaus county; thence south, on said range line, to Stanislaus River; thence down the latter to its mouth, in San Joaquin River; thence southwesterly, on line as surveyed and mapped by Wallace and Stakes. May. eighteen hundred and sixty-eight, to the place of beginning. County seat— Modesto. Basis of section— Stats. 1854, p. 40; 1855, p. 245; 1860, p. 34; 1870. p. 776. MERCED. § 3934. Beginning at northwest corner, being southwest corner of Stanislaus, as shown on sur- vey and map of A. .7. Stakes, eighteen hundred and sixty-eight; thence northeasterly, on southern line of Stanislaus, as described in Section 3933. to com- mon corner of Tuolumne, Mariposa, Merced and Stanislaus, as established in said section; thence southeasterly, by direct line, being western line of Mariposa, to Phillips' Ferry, on Merced River; 841 County Boundaries. §§3935,3936 thence southeasterly, on line of Mariposa, being line shown on "Map of Mariposa County, to iSewton's Crossing on Chowcliilla Creek, forming southeast corner; thence down the northern side and on higli water mark, being on line of Fresno, to the lower clump of cottonwood timber at the sink of said creek; thence south, forty-five degrees Avest, to the eastern line of Monterey, on summit of Coast liange. forming soutliwest corner; thence northwesterly, by said summit and line of Mon- terey and Santa Clara, to the place of beginning. County seat — Snelling. Basis of section— Stats. 1855, p. 125; 1856, p. 183; 1866, p. 172; 1868, p. 56. MONO. § 3935. Beginning at north corner of State line, being east corner of Alpine, as established in Sec- tion 3931; thence southAAesterly, on the easterly line of Alpine, as established in Section 3931; to the main summit of the Sierra Nevada mountains; thence southerly, along said summit, on easterly line of Alpine. Tuolumne and Fresno, to a point where the northern line of Township Six south, Mount Diablo base, intersects said summit line, forming southwest corner; thence east, on said township line, being the northern line of Inyo, to the eastern line of tlie State, forming southeast corner; thence northwest; on the State line, to the place of beginning. County seat— Bridgeport. Basis of section— Stats. 1861. p. 235; 1864. pp. 30, IfcS; 1866, pp. 144, 335; 1870, pp. 20, 421. CALAVERAS. § 3936. Beginning at southern corner, at a l^oini in tlie Stanislaus River where it intersects the eastern line of Stanislaus Count.y, as estab- lished in Section 3933, being a point one mile north of Knight's Ferry, and being the western corner of Tuolumne County; thence up said river and north fork thereof, to the easterly line of Alpine, as establislied in section 3931; tlience northerly, on the line of Alpine, to the southeast corner of Amador, as established in Sections 3930 and 3931; thence southAAOsterly. on the southern line of Am- ador, down tlie Mokelumne River, to the south- Pol. Code— 71. ^§ 3937, 8938 County Boundaries. 842 west corner of Amador, on eastern line of San Joaquin County; thence southerly and southeast- erly, on line of San .loaquin and Stanislaus, as es- tablished in Sections ,3932 and 3933, to the place of beginning. County seat— San Andreas. Basis of section: Stats. 18^1, p. 175: 1854, p. 46; 1855, p. 134; 1861, p. 235; 1864, p. 178. TUOLUMNE. § 3937. Beginning at the most western corner, being the southern corner of Calaveras, as estab- lished in section 3936, in Stanislaus River; thence southeasterly to common corner of Merced, Mari- posa, Stanislaus, and Tuolumne, as established in section 3933; thence easterly, on northern line of Mariposa, following summit line of the dividing ridge between Tuolumne and Merced Rivers, to Mount Lyell, as marked on Warren Holt's map, eighteen "hundred and sixty-nine, and the summit of the Sierra Nevada Mountains, being on the western line of Mono and common corner of Tuol- unme, Mariposa, and Fresno; thence northerly by the line of Mono, being the summit line of the Sierra Nevada Mountains, to the southern corner of Alpine, as established in section 3931; thence northwesterly by the line of Alpine to the south- eastern corner of Calaveras; thence westerly on the line of Calaveras and down the Stanislaus River, to the place of beginning. County seat — Sonora. Basis of section: Stats. 1851, p. 175; 1855, p. 245; 1859, p. 213; 1864, p. 178: 1866, p. 144; 1870, p. 20. MARIPOSA. § 3938. Beginning at the initial point of Fresno County, being wliere the Stockton Road to Miller- ton crosses the Cliowchilla Creelv, known as New- ton's Crossing; tlience north forty-five degrees east, to the southwest corner of Section Eleven, Township Six south, Range Twenty east. Mount Diablo base and meridian; thence east, following section lines to main ridge between waters of Big Creek and Fresno River; thence easterly, on the main ridge whicla divides the waters of the Merced and San Joaquin Rivers, to the intersection of the same with the summit line of the Sierra Nevada S43 County Boundaries. § 3939 Mountains and western line of Mouo, tlie same point forming common corner of Tuolumne, Fres- no, and Mariposa, as described in Section 3937; thence westerly, by the southern boundary of Tuolumne, to the southwest corner thereof, being common corner of Stanislaus, Merced, Tuolumne, and Mariposa; thence soutlieasterly, on western line of Merced, as establislied in Section 3934, to the place of beginning. County seat— Mariposa. Basis of section: Stats. 18.51, p. 175; 18.52, p. 240; 1855, p. 125; 1856, p. 183; 1861, p. 235; 1870, pp. 20, 449. Boundary line of Mariposa and Fresno Counties: Act to better define, in Stats. 1872, p. 891; amd. by Stats. 1874, p. 100. FRESNO. § 3939. Beginning at southeast corner of Mer- ced and southwest corner of Mariposa, being a point where the Stocliton road to Millerton crosses the Chowchilla Creek, known as Newton's Cross- ing; thence westei'ly down said stream, on the north side, on line of high-Avater mark, being on southeastern line of Merced, to the lower clump of Cottonwood timber at the sink of said creek; thence south, forty-flve degrees west, and on line of Merced, to the eastern boundary line of Monte- rey, as described in section 3948, being on summit of Coast Range; thence following said boundary line on said summit, in a southeasterly direction to a point in the same, which point is south forty-five degrees west from the point on King's River where nortlieru line of Township Sixteen South crosses the same, thence north, forty-five degrees east, to said point on King's River; thence east, along northern line of Township Sixteen South, to the dividing ridge between the waters of King's River and Kawdah River; thence easterly, on the said dividing ridge, to tlie summit of the Sierra Nevada, being the Avestern line of Inyo; thence northwest- erly, on tlie summit line and lines of Inyo and Mono, to Mount Lyell, the common corner of Tu- olumne, Mariposa, and Fresno; thence westerly and southwesterly, on the southeasterly line of Mariposa, as established in section 3938, to the place of beginning. §§ 3940,3941 County Boundaries. 844 Basis of section: Stats. 1856, p. 183; 1861, p. 235; 1866, pp. 144, 355; 1870, pp. 20, 421, 449. Boundary line of Mariposa and Fresno Counties: Sec. 3938. County line between Fresno and Tulare — Act to establisli. Stats. 1876, p. 397, superseding- like Act in Stats. 1874, p. 700. County seat of Fresno — permanently located at town of Fresno: Stats. 1874, p. 913. TUIiARE. § 3940. Beginninc: at southwest corner, being common corner of Monterey. San Luis Obispo, Kern, and Tulare, and being the point where the line of the Sixth Standard Soutli crosses the sum- mit line of the Mount Diablo Bange of mountains; thence east, on said standard, to the point of in- tersection with summit line of the Sierra Nevada Mountains, forming the southeast corner of Tulare and southwest corner of Inyo; thence northwest- erly, on said summit, being on the western line of Inyo, to the east corner of Fresno, as established in section 3039; thence on the southern line of Fresno to the eastern line of JNIonterey; thence southerly, on the line of Monterey, as established in section 3948, to the place of beginning. County seat— Visalia. Basis of section: Stats. 1851, p. 173; 1852, p. 240; 1856, p. 183; 1864, p. 528; 1866, pp. 355, 796. Boundary line between Tulare and Fresno Coun- ties: See sec. 3937. KEBX. § 3941. Beginning at northwest corner, being common corner of San Luis Obispo, Monterey. Tu- lare, and Kern, as established in section 3940; thence east, on Sixth Standard South, Mount Di- ablo base, to the nortlnvest corner of San Bernar- dino, as established in section 3943; thence south, on the westerly line of San Bernardino, to southern line of Township Nine North. San Bernardino base, forming southeast corner; thence west along said line and extension thereof to the summit of tlie Coast Range, being on tlie line of Santa Bai*- bara, forming southwest corner: thence north- westerly, on "said summit line, being eastern line of Santa Barbara and San Luis Obispo, to the pl.ice of beginning. County seat— Ha Vila h. 845 County Boundaries. §§ 3942, 3943 Basis of section: Stats. 1866, p. 796. County seat lias been changed to Balcersfield. Act fixing boundary between San Luis Obispo and Kem counties: See General Laws, title "County Boundaries." INYO. § 3942. Beginning at the southeast corner of Tulare, as established in section 3940, being the point of intersection of Sixth Standard South, Mount Diablo base, with summit line of Sierra Nevada Mountains; thence east, by said standard and extension thereof, to the eastern line of the State, forming southeast corner; thence northwest- erly, on State line, to the southeast corner of Mono, as established in Section 3935; thence west on the southern line of Mono to the summit of the Sierra Nevada Mountains, being -on the eastern line of Fresno, and forming the southwest corner of Mono and northwest corner of Inyo; thence southeasterly on said summit line to the place of beginning. County seat — Independence. Basis of section: Stats. 186G, p. 355; 1870, pp. 20, 421. SAN BERNARDINO. § 3943. Beginning at the southwest corner, a little nortliwesterly of Laguna Temecula, at a point on the northern line of San Diego, as estab- lished in section 3944, where a south line drawn from the highest pealc of the Sierra de Santiago intei'sects tlie said boundary line; thence north- Avesterly on the summit of said Sierra to the Santa Anna River, between the ranch of Sierra and the residence of Bernardo Yerba; thence across the Santa Anna River along the summit of the range of hills that lie between the Cayotes and Chino (leaving the ranchos Gutiveras and Ybana to the west of tliis line) to the southwest corner of the ranch San Jose; thence northerly along the eastern boundaries of said ranch and of San Antonio and the western and northern boundaries of Cucai- monga rancli to tlie ravine of Cucaimonga; thence iQortherly up said ravine to its source in the Coast Range; thence nortli, on the easterly line of Los Angeles and Kern, to the Sixth Standard South, Mount Diablo base, being tlie northeast corner of Kern and northwest corner of San Bernardino; thence east by said standard line and extension thereof to the State line; thence southeasterly on §§3944,3945 County Boundaries. 846 said State line to the Colorado River; thence down said river to the northern boundary line of San Diego County; thence westerly along the northern boundary line of San Diego County, as established in section 3944. to the place of beginning. County seat— San Bernardino. Basis of section: Stats. 1853, p. 119; 1857, p. 165; 1866, pp. 355, 796; 1868, p. 604. SAN DIEGO. § 3944. Beginning at south corner of Los Ange- les in the Pacilic Ocean, opposite San Mateo Point; thence northerly along the western line of Rancho Santa Margarita to the southern line of Mission Viejo or La Paz; thence along the southern and eastern line of La Paz to a point two miles north of the south boundary line of Township Seven South, Range Six West, San Bernardino base and meridian; thence northeasterly, to the southwest corner of San Jacinto Nuevo, in Township Four South, Range Four West; thence north along west boundary of said rancho to line between Town- ships Three and Fourth Soutii; thence east to line between Ranges Two and Three West; thence north on range line to a point where a line parallel Avith the southern boundary between the United States and Mexico will just clear the Rancho San Jacinto Viejo; thence northeasterly along such parallel line to the Colorado River; thence down thai river to its junction witli the boundaiy line between the United States and Mexico; thence westerly, following that boundary line into the Pa- cific Ocean; thence northerly to place of begin- ning. County seat— San Diego. Basis of section: Stats. 1851, p. 172; 1866, p. 604. LOS ANGELES. § 3945. Beginning at southeast corner of Santa Barbara, in the Pacific Ocean, at a point on ex- tension line of the northern boundary of the rancho called Malaga, western corner; thence northeasterly, so as to include said rancho. to the northwest corner of the rancho called Triumfo, running on northerly line of the same to the north- east corner thereof; thence to the summit of the ridge of hills called Santa Susanna; thence in a direct line northwesterly, to the southwest corner 847 County Boundaries. §§ 3946, 3947 of Kern, as established in section 3941, forming the northwest corner of Los Angeles; thence east, on southern line of Kern to the Avestern line of San Bernardino, as established in section 3943; thence southerly, on western line of San Bernar- • . p. H^H. and by Stats. 1878, p. 104. Kern County, see Fresno, etc. Counties, supra. Lake County. Stats. 1876, p. 599. Mendocino County, Stats. 1872, p. 17. Mer- ced County, Stats. 1874, p. 660. Placer County, Stats. 1874. ]). 709. and see 17 Cal. 411. San Diego County, Stats. 1870, p. 558. San .Toaquin County, Stats. 1874, p. 692. San Luis Obispo County, Stats. 187(i, p. 60S. Santa Clara County. Stats. 1876, p. :^~^•, see also previous act. Stats. 1876, p. 610. Santa Cruz County, Stats. 187(5, p. 576. Solano County, Stats. 1872. p. 624. Stanislaus County, Stats. 1874, p. 277, amd. by Stats. 1874, p. 448; also see Stats. 1874, ]). 5.S7. Tehama County, Stats. 1874, p. 796, amd. by Stats. 1876. p. 282. Tulare County, Stats. 1874, p. 60; see, also combined head of Fresno, Tu- lare, and Kern Counties. Tuolumne County, Stats. 1876, p. 45. § 4107. When there is an omission by the Board of Supervisors to consolidate and to ad- vertise the consolidation of offices as in the preced- ing section authorized, each office not so consoli- dated must lie filled by an election. §§ 4108, 4109 General Provisions. 888 § 4108. When oftices are united and consoli- dated either by the Code or by order of the Su- pervisors, the person elected to fill the offices so united and consolidated must talie the oath and give the bond required for each, discharge all the duties pertaining to each, and receive the com- pensation atfixed to the offices. § 4109. All elective county, city and county, and township officers, except Superior Court Judges, Superintendents of Schools, and Assessors, shall be elected at the general election to be held in the year eighteen liundred and eighty-two, and at the general election to be held every second year thereafter, and shall talie office on the first Mon- day after the first day of January next succeeding their election, and shall hold office for two years. The years tliat said officers are to hold office are to be computed respectively from and including the first Monday after the first day of January .of any one year to and excluding the first Monday after the first day of January of the next succeed- ing year; provided, that all Supervisors and Jus- tices of the Peace sliall talve office on the first Monday after the first day of January next suc- ceeding their election, and shall hold office for two years. The years during which a Supervisor and Justice of the Peace is to liold office are to be com- puted respectively from and including the first Mon- day of January of any one year to and excluding the first Monday of January next succeeding. As- sessors of every county, and of every city and county, shall be elected at the general election to be held on the first Tuesday after the first Mon- day in iS'ovembei", eighteen hundred and eighty- two, and at the general election to be held every four years, thereafter, and sliall hold office for the term of four years from and after the first Mon- day after the first day of January next succeed- ing their election. [Amendment approved March 7, 1881; Stats. 1881, p. 73. In effect March 7, 1881.] Election and terras of countv officers — held not affected by: Const. Cal. 1879. Township officers— special acts concerning, pre- vious to amdt. 1881 to section: Alameda County, Assessors, Stats. 1874, p. 90. Calaveras County, 889 General Provisions. §§ 4110-4112 Stats. 1876, p. 78. Los Angeles, Stats. 1876, p. 4. Tuolumne County, Stats. 1874, p. 453. Supervisors— of various counties, special acts concerning election organization, compensation, etc., previous to amdt. 1881 to section: Alameda, Stats. 1878, p. 736. Amador, Stats. 1874, p. 43; see Stats. 1876, p. 370. Butte, Stats. 1876, p. 906. Calaveras. Stats. 1876, p. 141. Del Norte. Sfats. 1872, p. 756, amd. bv Stats. 1874, p. 12. El Dorado, Stats. 1874, p. 872; and see Stats. 1874, p. 825, amd. by Stats. 1S76. p. 681, and bv Stats. 1878, p. 281. Humboldt, Stats. 1876, p. 333. Lal^e, Stats. 1876, p. 599. Mendocino, Stats. 1874, p. 33; 1878, p. 1021. Monterey, Stats. 1876, p. 124. Napa, Stats. 1874, p. 158, amd. by Stats. 1874, p. 329. Placer, Stats. 1874, p. 347, amd. by Stats. 1874. p. 775, and Stats. 1876, p. 573. San Bernardino, Stats. 1874, p. Ill; 1876, p. 488. San Diego, Stats. 1872, p. 191; 1876, p. 558. San Joaquin, Stats. 1874, p. 766. San Luis Obispo, Stats. 1876, p. 493, amd. by Stats. 1878, p. 36. San Mateo, Stats. 1874, p. 479, amd. by Stats. 1874, p. 779. Santa Clara, Stats. 1876. p. 35. Santa Cruz, Stats. 1876, p. 576; 1878, p. 155. So- noma, Stats. 1874, p. 382, amd. by Stats. 1876, p. 726. Tehama, Stats. 1874, p. 816. Tuolumne, Stats. 1874, p. 154. § 4110. The election and terms of office of County Judges and Justices of the Peace are pro- vided for in Title I of the Code of Civil Procedure. Repealing act of 1880 was declared unconstitu- tional: See sec. 4000, n. County Judges— on abolition of existing Courts by Const. Cal. 1879, art. 22, sec. 3, superseded by Judges of Superior Courts: See Code Civ. Proc, sec. 65 et seq. Justices of the Peace — held judicial officers vpith- in the meaning of Const. Cal., 1879, art. 22, sec. 10. § 4111. [Repealed; Stats. 1881, p. 73. In effect March 7, 1881.] § 4112. Every county and township officer, ex- cept County Judge, Supervisor, and Justice of the Peace, may appoint as many deputies as may be necessary for the faithful and prompt discharge of the duties of his office. Pol. Code— 75. § 4113-4116 General Provisions. 890 Deputies— powers, duties, etc.: Sec. 865. Official bond may be required from, by partj- appointing, sec. 985. Appointing, sec. 876. Aliens, prohibition of appointment of certain, Stats. 1880, p. 116 or 23. Deputy of ex officio Auditors and Recorders, Board of Supervisors may allow, Stats. 1880, 27, post. Appendix, p. 957. § 4113. The appointment of deputies, clerks, and suboi'dinate officers of counties, districts, and townships must be made in w/iting, and filed in the office of the County Clerk. § 4114. Whenever the official name of any prin- cipal officer is used in any law conferring power, imposing duties or liabilities, it includes his de- puties. § 4115. A vacancy in the office of County Judge is filled by an appointee of the Governor. All other vacancies in county and township offices are filled by appointments made by the Board of Su- pervisors. Appointees hold until the vacancies are filled by election. Amendment of 1880 declared unconstitutional: See sec. 4000, n. County Judge: See sec. 4110 n; changed to Supe- rior by void amdt. 1880. Vacancies— generally: Sees. 990. 997. 999 n., 1004; in Board of Supervisors, sec. 4026. § 4116. Sheriffs, Clerks, Recorders, Treasurers, Tax Collectors, District Attorneys, and Auditors, must have their offices at the county seat, and keep them open for the transaction of business from nine o'cloclc A. M. till five o'clock P. M., every day in the year, except holidays. The Coun- ty Judge must have chambers at the county seat, and must establish such rules and houx's for official business as may be necessary for the dispatch thereof. He must attend at his chambers at least one day in each week. Amendment of 1880 declared unconstitutional: See sec. 4000 n. Holidays— changed to non-judicial days by void amdt. 1S80. Basis of section: Stats. 1850, pp. 115, 261; 1851. pp. 190, 199: 1863, p. 56. S91 General Provisions. §§ 4117-4122 § 4117. Whenever, except in criminal prosecu- tions, any special penalty, forfeiture, or liability is imposed on any officer for non-performance or mal-performance of official duty, the liability therefor attaches to the official bond of such offi- cer, and to the principal and sureties thereon. Official bonds: Sees. 947-986. § 4118. Every officer mentioned in section four thousand one hundred and three, and every Jus- tice of the Peace, may administer and certify oaths. Administration of oaths — and affirmations: Code Civ. Proc, sees. 2093-2097. § 4119. The following officers must reside at the county seat of their respective counties: The County Judge, the Treasurer, the County Clerli, the Auditor, the Sheriff, the Tax Collector, the Dis- trict Attorney, the Recorder. Amendment of 1880 declared unconstitutioual: See sec. 4000 n. § 4120. A county officer shall, in no case, ab- sent himself from the State for a period of more than sixty days, and for no period without the con- sent of the Board of Supervisors of his county. [Amendment approved February 10, 1876; amend- ments 1875-6, p. 65. In effect February 10, 1876.] Before amendment 1876— absence prohibited for more than thirty days, unless (before amdt. 1874) with the consent of the Legislature. Absence of judicial officer: Const. Cal. 1879, art. 6. sec. 9. § 4121. Sheriffs, ClerlvS and Constables and tlieir deputies 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. Basis of section— Stats. 1850, pp. 261, 263; 1851, p. 190. § 4122. County officers must execute official bonds corresponding to the class of the county of wliich they are officers, in the following amounts: First— Sheriffs, first class, sixty thousand dol- § 4122 General Provisions, 892 lars; second class, twenty-five thousand dollars; third class, ten thousand dollars. Second — Clerks, first class, twenty-five thou- sand dollars; second class, fifteen thousand dol- lars; third class, six thousand dollars. Third— Auditors, first class, twenty thousand dollars; second class, ten thousand dollars; third class, two thousand dollars. Fourth— Treasurers, first class, one hundred thousand dollars; second class eighty thousand dollars; third class, sixty thousand dollars. Fifth— Recorders, first class, ten thousand dol- lars; second class, five thousand dollars; third class, two thousand dollars. Sixth— District Attorneys, first class, fifteen thousand dollars; second class, ten thousand dol- lars; third class, two thousand dollars. Seventh— Assessors, first class, twenty thousand dollars; second class, ten thousand dollars; third class, three thousand dollars. Eighth— Tax Collectors, first class, fi.fty thou- sand dollars; second class, thirty thousand dollars; third class, fifteen thousand dollars. Ninth — Surveyors, first class, ten thousand dol- lars; second class, five thousand dollars; third class, one thousand dollars. Tenth — School Superintendents, first class, five thousand dollars; second class, three thousand dol- lars; third class, one thousand dollars. Eleventh— Coroners, first class, five thousand dollars; second class, two thousand dollars; third class, one thousand dollars. Twelfth — Public Administrators, first class, thirt.v thousand dollars; second class, twenty thousand dollars; third class, ten thousand dol- lars. Thirteenth — Supervisors, first class, fifteen thou- sand dollars: second class, ten thousand dollars; third class, two thousand dollars. [Amendment approved March 30, 1874: amendments 1873-4, p. 56. In effect July 6, 1874.] Before amendment 1874 — section had. in subd. 4, fifty instead of eighty, and twenty instead of sixty. County oflScers— Sec. 4103. Bonds of coimty and township officers— ap- proval, filing and recording, sec. 950. Oflacial bonds— generally, sees. 947-986. 893 Judge of Superior Court. §§ 4123-4134 Class of a county: See sec. 400G. Special Acts — fixing bonds of county officers in various counties. Alpine, Stats. 1876, p. 140. Cal- averas, see Mariposa. Colusa, Stats. 1878, p. 569. Contra Costa, Stats. 1872, pp. 158, 183. Del Norte, Stats. 1878. p. 2. El Dorado, Stats. 1872. p. 594. Fresno, Tulare and Kern, Stats. 1876, p. 16. Kern, see last sub-title, also Tulare, infra. Lassen, see Modoc. Marin, Stats. 1878, p. 196. Mariposa, Tuolumne and Calaveras, Stats. 1876, p. 17. Mer- ced, Stats. 1872, p. 21. Modoc and Lassen, Stats. 1876, p. 154, San Diego, Stats. 1876, p. 558. Santa Cruz, Stats. 1876, p. 121. Tulare and Kern, Stats. 1876, p. 172; see also Fresno. Tuolumne, see Mari- posa. Ventura, Stats. 1878, p. 334. § 4123. When the amount of the bond to be given by any county or township officer is not fixed by law, the amount must be fixed by the Board of Supervisors. § 4124. Other provisions relating to the differ- ent classes of officers ai'e contained in Chapter VII, Title I of Part III of this Code. Different classes of officers— general provisions relating to, sees. 841-1032. ARTICLE II. JUDGE OF SUPERIOR COURT. § 4134. Duties of Judge of the Superior Court. § 4134. Each Judge of the Superior Court must: 1. Perform the duties of a magistrate; 2. Hold Superior Courts; 3. Grant certificates to tlie official character of the County Clerl<: 4. Certify to the ownership of wrecked property, or its proceeds; 5. Perform such other duties as are prescribed in any of the laws of this State. [Amendment ap- proved April 3, 1880; amendments 1880, p. 24. In effect April 3, 1880.] Before amendment 1880 — section named County Judge instead of Judge of Superior Court (see sec. 4110 n.) and County and Probate Courts instead of Superior, and in s'ubd. 3 provided for taking and certifying acknowledgments. I 4144 County Treasurer, 894 ARTICLE III. COUNTY TREASURER. § 4144. Duties of County Treasurer. § 4145. To receive no money, except on certificate of Audi- tor. § 4146. Treasurer's and Auditor's receipt lor money. § 4147. Mode of redeeming warrants. § 4148. Registry of warrants, when no funds. § 4149. Notice of redemption of warrants bearing interest. § 41-50. Contents of such advertisement. § 4151. Priority in payment of warrants. § 4152. Action when warrants not represented in time. § 4153. Treasurer must note the interest paid on warrant. § 4154. Monthly and annual settlements with Auditor. § 4155. Report to Board of Supervisors each session. § 4156. Penalty for not settling or reporting. § 4157. When he must sue District Attorney. § 4158. When he must sue Coroner. § 4159. Disposition of property received from Coroner. § 4160. Money thus derived, conditions of repayment. § 4161. Treasurer must not part with or loan public money, but may make special deposit. § 4162. Supervisors may suspend Treasurer. § 4163. Delivery of effects of deceased Treasurer. No per- centage on money received from predecessor. § 4164. Books and vouchers subject to inspection. § 4165. Treasurer must permit examination of his books, and counting of money in treasury. § 4144. The County Treasurer must: 1. Receive all moneys belonging to the county, and all other moneys by law directed to be paid to him, safely keep the same and apply and pay them out, rendering account thereof as required by law; 2. File and keep the certificates of the Auditor delivered to him when moneys are paid into the Treasury; 3. Keep an account of the receipt and expendi- ture of all such moneys, in boolvS provided for the iiurpose; in which must be entered the amount, the time when, from whom and on what account all moneys were received by him; the amount, time when, to Avhom and on what ac- count all disbursements were made by him; 4. So keep his books that the amount received and paid out on account of separate funds or 895 County Treasurer. §§ 4145-4149 specific appropriations are exhibited in separate and distinct accounts, and the whole receipts and expenditures shown In one general or cash ac- count. 5. Enter no moneys received for the current year on his account with the county for the past fiscal year, until after his annual settlement for the past year has been made with the County Au- ditor; G. Disburse the County moneys only on county warrants issued by the County Auditor, based on orders of the Board of Supervisors, or as other- wise provided by law. County Treasurer— duty, to safely keep County Clerk's ofiicial bond, sec. 986. Deputies and clerks of: See post. Appendix, p. 1066. Acts relating to transfer of funds: See post. Ap- pendix, pp. 1067, 1068. § 4145. He must receive no money into the Treasury unless accompanied by the certificate of the Auditor provided for in Section 4217. § 4146. When any money is paid to the County Treasurer he must give to the person paying the same a receipt therefor, which must forthwith be deposited with the County Auditor, who must charge the Treasurer therewith and give the per- son paying the same a receipt. § 4147. When a warrant is presented for pay- ment, if there is money in the Treasury for that purpose he must pay the same, and write on the face thereof "Paid," the date of payment, and sign his name thereto. § 4148. When any warrant is presented to the Treasurer for payment and the same is not paid for want of funds, the Treasurer must indorse thereon, "Not paid for want of funds," annexing the date of presentation and sign his name thereto; and from that time until paid the warrant bears seven per cent, per annum interest. Registering unpaid warrants: See sec. 4076, ante. § 4149. When there are sufficient moneys In the Treasury to pay the warrants drawing inter- §§ 4150-4153 County Treasurer. 896 est, the Treasurer must give notice in some news- paper published in his county, or, if none is pub- lished, then by written notice posted upon the Court House door, stating therein that he is ready to pay such warrants. From the first pubhcation or posting of such notice such warrants cease to draw interest. Basis of section— Stats. 1850, p. 115. § 4150. In advertising warrants under the pro- visions of this section in any newspaper, the Treasurer must not publish the warrants in detail, but give notice only that county warrants pre- sented for payment prior to such a date, stated in the notice, are payable. When a part only of the warrants presented for payment on the same day are payable, the Treasurer must designate such payable warrants in the advertisement. § 4151. Wai'rants drawn on the Treasury and properly attested are entitled to preference as to payment out of moneys in the Treasury properly applicable to such warrants accord- ing to the priority of time in which they were presented. The time of presenting such warrants must be noted by the Treas- urer, and upon the receipt of moneys into the Treas- ury not otherwise appropriated, he must set apart the same or so much thereof as is necessary for the payment of such warrants. Preference according to priority — See sec. 4076, ante. § 4152. Should such warrants not be re-pre- sented for payment within sixty days from the time of the notice hereinbefore provided for is given, the fund set aside for the payment of the same must be by the Treasurer applied to the pay- ment of unpaid warrants next in order of registry. The Board of Supei'visors may, on application and presentation of warrants properly indorsed, which have been advertised, pass an order directing the Treasurer to pay them out of any money in the Treasury not otherwise appropriated. § 4153. When the Treasurer pays any warrant on which any interest is due he must note on the 897 County Treasurer. §§ 4154-4157 warrant the amount of interest paid thereon, and enter on his account the amount of such interest distinct from the principal. § 4154. The Treasurer must settle his accounts relating to the collection, care and disbursement of public revenue, of whatsoever nature and kind, with the Auditor, on the first Monday of each month. For the purpose of making sucli settle- ment he must make out a statement, under oath, of the amount of money or other property received prior to the period of such settlement, the sources whence the same was derived, the amount of pay- ments or disbursements, and to whom, with the amount remaining on hand. He must, in such set- tlements, deposit all warrants redeemed by him and take the Auditor's receipt therefor. He must also make a full settlement of all accounts with the Auditor annually on the first Monday of Jan- uary, in the presence of the Supervisors, who have a supervisory control tliereof. See Pen. Code, sees. 176, 434, 436. § 4155. Each County Treasurer must make a detailed report, at every regular meeting of the Board of Supervisors of his county, of all moneys received by laim and the disbursement thereof, and of all debts due to and from the county, and of all other proceedings in his office, so that the receipts into the Treasury and the amount of disburse- ments, together with the debts due to and from the county, may clearly and distinctly appear. § 4156. If any County Treasurer neglects or re- fuses to settle or report, as required in Sections 4154, 4155, he forfeits and must pay to the county the sum of five hundred dollars for every such neglect or refusal, and the Board of Supervisors must institute suits for the recovery thereof. § 4157. If the District Attorney refuses or neg- lects to account for and pay over money received by him, as required by the fifth subdivision of Sec- tion 42.56, the County Treasurer must bring an action against him for the recovery thereof in the name of the county, and may recover in such ac- tion, in addition to. the amount so received, fifty per cent, thereon by way of damages. §§ 4158-4163 County Treasurer. 898 § 4158. If the Coroner, or any Justice of the Peace acting as Coroner, fails to deliver to the Treasurer within thirty days after any inquest upon a dead body, all money and property found upon such body, unless claimed in the meantime by the Public Administrator or other legal repre- sentative of the decedent, as required by Section 4287, the Treasurer must proceed against the Cor- oner, or Justice acting as Coroner, to recover the same by civil action in the name of the county. § 4159. The Treasurer, upon receiving from the Coroner, or Justice acting as Coroner, money found on a dead body, must place it to the credit of the county. On receiving other property in lilie manner, he must within thirty days sell it at public auction upon I'easonable public notice, and must in lilie manner place the proceeds to the credit of the county. § 4160. If the money in the Treasury is de- manded within six years by the legal representa- tives of the decedent, the Treasurer must pay it to them, after deducting the fees and expenses of the Coroner and of the county in relation to the mat- ter; or the same may be so paid at any time there- after upon the order of the Board of Supervisors. § 4161. The County Treasurer must keep all moneys belonging to this State or to any county of this State in his own possession until disbursed ac- cording to law. He must not place tlie same in the possession of any person, to be used for any purpose; nor must he loan or in any manner use or permit any person to use the same, except as pro- vided by law; but nothing in this section prohibits him from making special deposits for the safe keeping, of the public moneys. § 4162. Whenever an action based upon offi- cial misconduct is commenced against any County Treasurer, the Supervisors may, in their discre- tion, suspend him from office until sucli suit is determined, and may appoint some person to fill the vacancy. § 4163. In case of the death of any County Treasurer, his legal representatives must deliver 899 Sherifif. §§ 4164-4175 up all official moneys, books, accounts, papers and docujnents which come into their possession. No percentage must be allowed to the Treasurer on any money by him received from his predecessor in office, or from the legal representatives of such predecessor. § 4164. The books, accounts and vouchers of the Treasurer are at all times subject to the in- spection and examination of the Board of Super- visors and Grand Jury. § 4165. The Treasurer must permit the County Judge and Auditor to examine his books and count the money in the Treasury whenever they may wish to make an examination or counting. Amendment of 1880 declared unconstitutional: See sec. 4000, note. ARTICLE IV. SHERIFF. § 4175. "Process" and "notice" defined. § 4176. Duties of Sheriff. § 4177. Return by mail to another county. § 4178. Return prima facie evidence. § 4179. Penalty for delaying return. § 4180. Liability for refusing to levy or sell. • § 4181. Damages for refusing to pay over money. § 4182. Liability for permitting an escape. § 4183. Liability for a rescue. § 4184. No action for escape or rescue after return or re- capture. § 4185. Direction to Sheriff must be In writing. § 4186. When ofiBce of Sheriff deemed vacant. § 4187. When Sheriff justified in executing process. § 4188. Officer to exhibit process. § 4189. Sheriff' to act as crier. 5 4190. Service on Sheriff, how made. S 4191. Coroner to execute process when Sheriff is a party. § 4192. Elisors to act in cases designated. § 4193. Other duties of Sheriff. § 4175. "Process," as used in this article, in- cludes all writs, warrants, summons and orders of Courts of justice or judicial officers. "Notice" in- cludes all papers and orders (except process) re- quired to be served in any i)roceeding before any Court, board or officer, or when required by law to be served independently of such proceeding. § 4176 Sheriff. 900 § 4176. The Sheriff must: 1. Preserve the peace; 2. Arrest and take before the nearest magis- trate, for examination, all persons who attempt to commit or who have committed a public offense^ 3. Prevent and suppress all affrays, breaches of the peace, riots and insurrections which may come to his knowledge; 4. Attend all courts, except Justices', Probate and Police Courts, at their respective terms, held within his county, and obey their lawful orders and directions; 5. Command the aid of as many male inhabi- tants of his county as he may think necessary in the execution of these duties; 6. Take charge of and keep the County Jail and the prisoners therein; 7. Indorse upon all process and notices the year, month, day, hour and minute of reception, and is- sue therefor to the person delivering it, on pay- ment of fees, a certificate showing the names of the parties, title of paper and time of reception; 8. Serve all process and notices in the manner prescribed bj' law; 9. Certify under his hand upon process or notices the manner and time of service, or, if he fails to make service, the reasons of his failure, and return the same without delay. Subdivision 1. Sheriff is peace oflicer— Penal Code, sec. 817. Subdivision 2. Refusal of Sheriff to make ar- rest — punishment for. Penal Code. sec. 142. Subdivision 4. Probate Courts— superseded by Superior Courts after abolition of existing Courts by Const. Cal. 1879, art. 22, sec. 3. Abolition of terms. Const. Cal. 1879, art. 6, sec. 5. Obey orders and directions — to provide Court- rooms, etc.. Code Civ. Proc, sec. 144. Subdivision 7. Process and notices — defined, sec. 4175. Subdivision 8. Process and notices — see subd. 7 n. Summons, service of, Code Civ. Proc, sec. 410, et seol. Code— 79. § 4408 Legislative Powers. 93^ 4. To regulate the streets, wharves, piers, and chutes in the city and the use thereof. o. To establish or authorize slaughter houses and markets, and regulate the same. 6. To provide for lighting, watering, and clean- ing the city, and protecting it against fire. 7. To license and regulate hacks, cabs, carts, omnibuses, railway cars, and all other vehicles, butchers, porters, pawnbrokers, pedalers, show- men, and junk shop keepers, theaters, and all oth- er places of public amusement. 8. To provide for licensing any or all business not prohibited by law, and fix the amount of li- cense tax for the same. 9. To regulate the keeping and use of animals, and the keeping and use of gunpowder and other dangerous substances. 10. To suppress gaming, gambling houses, and other disorderly houses, nuisances of every de- scription, and all kinds of vice and immorality. 11. To prohibit the burial of the dead within the city, except at such places and in such man- ner as the Common Council may detei'mine. 12. To establish and regulate a Police Depart- ment. 13. To establish and regulate a Fire Depart- ment. 14. To impose penalties for the violation of or- dinances; but no single penalty must exceed a fine of five hundred dollars, or imprisonment for ten days, or both. 15. To impose and appropriate fines, penalties, and forfeitures for breaches of ordinances. 10. To make by-laws and ordinances not re- pugnant to the Constitution and the laws of the United States or of tliis State. IT. To require any land or building to be cleansed at the expense of the owner or occupant and upon his default, may do the work and assess the expense upon tlie laud or building. IS. To establish a Board of Health to prevent tlie introduction and spreading of disease, or to ordain and adopt for the government of the city the "Quarantine"' or "Health Regulations." pro- vided by this Code for San Francisco or Sacra- mento. 19. To levy and collect taxes, to lay out, extend. 939 Legislative Powers. §§ 4409,4410 alter, or widen streets and alleys, and make appro- priations for any object of city expenditures. 20. To erect and maintain Poor Houses and Hospitals, and pass such by-laws and ordinances for the regulation of the Police as they may deem necessary. All ordinances must be published in the manner prescribed by the Common Council. Basis of first two subdivisions of section: Stats. 1850, p. 87. Act conferring on cities of first class power to ei'ect hospital: See General Laws, title "Municipal Corporations." Power to organize under general laws, act au- thorizing: See Idem. Act autliorizing sale of excess of water: See Idem. Act authorizing leasing or ownership of gravel beds: See Idem. Acts authorizing city authorities to execute trusts in relation to town lands: See Idem. Acts validating acts of cities: See Idem. Power to extend and complete sewers: See Gen- eral Laws, title "Sewers." Act authorizing grant of franchise to railroad to build lines to park outside city limits: See Gen- eral Laws, title "Municipal Corpm-ations." Act authorizing fixing of water rates: See Gen- eral Laws, title "Water Companies." § 4409. Whenever the owners of a major part of the property fronting on any street or avenue desire to improve such street by paving the same, or constructing sewers, or otherwise, the Mayor and Council may make such improvement at the expense of all the owners of px'operty on the street, which expense must be in proportion to the num- ber of feet owned by each. Basis of section: Stats. 1850, p. 87. Assessments for street work must be collected in advance — under Const. Cal., 1879, sec. 19, art. 11. Powers of municipal corporations: See, general- ly, sec. 4356. Acts relating to streets: See General Laws, title "Streets." § 4410. The Common Council, by ordinance, approved by the Mayor, may grant to any gas or §§ 4411-4414 Legislative Powers. 94ti water company the privilege of laying down pipes in the streets and alleys of such city for sup- plying gas and water for the streets and buildings thereon, for a term not exceeding twenty-five years. Basis of section — and of rest (except last) in chapter, Stats. 1870, p. 815. § 4411. In exercising the authority mentioned in preceding section, the Common Council must reserve the right to grant similar privileges to other companies, and requii'e the laying down of the pipes to be under the reasonable direction of tlie city authorities, and to be so laid as to do no injury to the proper use of the paving, planlciug or macadamizing of the streets and alleys, nor to private property situate thereon. Privilege granted to any individual or company — under certain conditions. Const. Cal. 1879, sec. 19, art. 13. § 4412. The Common Council may contract with gas and water companies for supplying the streets and public buildings with all gas and water necessary for their proper use; the rates to be paid therefor must not be fixed for a term ex- ceeding five years, and the city authorities must reserve the right to abrogate such couti-act when- ever gas or water is offered to be supplied at two- thirds of such fixed contract price. § 4413. In granting authority to lay down pipes, and in contracting for gas and water, the Common Council must impose such restrictions and conditions, and provide for such locations and construction of gas and water worlis and pipes as to work the least possible public or private in- convenience, and provide for enforcing such re- strictions and conditions. § 4414. Every ordinance passed by the Com- mon Council must, before it becomes effective, be presented to the Mayor for his approbation. If lie approve it, he must sign it: if not. he must re- turn it. M'ith his objections, in writing, to the Common Council, who must cause the same to be entered upon its journals and proceed to recon- sider the same. If, after such consideration, two- 941 Judicial Powers. §§ 4424-4426 thirds of all the members of the Common Coun- cil elect shall agree to pass the same, it becomes an ordinance. In all such cases the votes must be talien by yeas and nays, and the names of the members voting for and against the same must be entered on tlie journal. If any ordinance is not returned by the Mayor within ten days (Sun- days excepted) after it is presented to him, the same becomes effective, as if the Mayor had signed it. Basis of section— Stats. 1850. p. 87. Act requiring ordinances and resolutions to be signed by the Mayor: See General Laws, title "Ordinances." CHAPTER IV. JUDICIAL POWERS. § 4424. Police Judge; vacancy, how filled. § 4425. Police Court Clerk. § 4426. Criminal jurisdiction. § 4427. General and exclusive jurisdiction. § 4428. When Justice of the Peace to act as Police Judge. g 4429. Always open, except on non-judicial days. § 4430. Proceedings in criminal offenses not triable in. § 4431. Criminal trials in Police Courts. § 4432. Civil practice in Police Courts. § 4424. The City Police Judge must be a quali- fied elector of the city, ^ny vacancy in the office of Police Judge must be filled by an appointee of the Mayor, made with the advice and consent of the Common Council. Police Courts, creation of and acts relating to: See General Laws, title "Police Courts." § 4425. The Police Judge may appoint a Clerli, with such compensation, by way of salary or fees, as the Common Council may by ordinance pro- vide. § 4426. The Police Court has exclusive juris- diction of the following public offenses committed within the city boundaries: 1. Petit larceny; 2. Assault and battery, not charged to have been committed upon a "public officer in the dis- charge of his official duty, or with intent to liill; § 4427 Judicial Powers. 942 * 3. Breaches of the peace, riots, affrays, com- mitting willful injury to property and all misde- meanors punishable by line not exceeding five hundred dollars or by imprisonment not exceed- ing six months, or by both such fine and imprison- ment; and 4. Of proceedings respecting vagrants, lewd or disorderly persons. Basis of section— Stats. 1866, p. 194. § 4427. The Police Court also has exclusive jurisdiction: 1. Of all proceedings for the violation of any ordinance of the city, both civil and criminal; 2. Of any action for the collection of taxes and assessments levied for city purposes; or for the erection or improvement of any schoolhouse or public buildings; for the laying out or opening or improving any public street or sidewalli, lane, " alley, bridge, wharf, pier or docli; or for the pur- chase of or the improvement of any public grounds; or for any and all public improvements made and ordered by the city within its limits, when the amount of the tax or assessments sought to be collected against the person assessed is less than three hundred dollars; but no lien upon the property taxed or assessed for the non-payment of the taxes or assessment can be foreclosed in any such action; 3. Of an action for the collection of money due to the city, or from the city to any person, when the amount sought to be collected, exclusive of in- terest and costs, is less than three hundred dol- lars; 4. For the breach of any official bond given by any city officer, and for the breach of any con- tract, and any action for damages in which the city is a party or is in any way interested; and all forfeited recognizances given to or for the benefit or in behalf of the city; and upon all bonds given upon any appeal taken from the judgment of the Court in any action above named where the amount claimed, exclusive of costs, is less than three hundred dollars; 5. For the recovery of personal property be- longing to the city, when the value of the prop- erty (exclusive of the damages for the taking or detention) is less than three hundred dollars; and. 943 Judicial Powers. §§4428-4432 6. Of an action for the collection of any license required by any ordinance of the city. Basis of section— Stats. 1866, p. 194. § 4428. In all cases in which the judge is a party, or in which he is interested, or in which he is a witness, or in which he is related to either party by consanguinity or attiuity within the third degree; and in case of siclvness or inability, or temporary absence from the city, the Police Judge, or Judge of the Police .Tudge Court, may by written request call in any Justice of the Peace of the same county to act in his place and stead, and while so acting shall be vested with the power of the judge for whom he so holds court. In which case the proper entry of the proceedings before the attending justice, subscribed by him, shall be made in the docliet of the judge for whom he so holds the court; and the same shall be prima facie evidence of such proceedings, and form and become a part of the i-ecord of any, or any part of any and all actions, causes or proceedings had before such attending justice while so holding the court. [Amendment approved March 9, 1897; amendments 1897, chap, xciii.] § 4429. Police Courts are always open for the transaction of business, except on non-judicial days. Basis of section— Stats. 1866, p. 195. § 4430. Proceedings in the Police Court in criminal actions for offenses not triable in such courts must be had in conformity with the pi'ovis- ions of Part II, Title III, Chapter VII of the Penal Code. Preliminary examination— Penal Code, sec. 858 et sea. § 4431. Proceedings in the Police Courts in criminal actions triable in such coui'ts are regu- lated in Part II, Title XI, Chapter I of the Penal Code. Proceedings in Police Courts— and Justices' Courts, Penal Code, see. 1426 et seq. § 4432. Proceedings in the Police Courts in civil actions are regulated by Part II, Title XII of the Code of Civil Procedure. Proceedings in civil actions— in Police Courts, Code Civ. Proc, sees. 929-933. §§ 4422-4445 City Indebtedness. 944 CHAPTER Y. CERTAIN STATUTES RELATING TO CITIES AND TOWNS AND EXISTING CORPORATIONS CON- TINUED. § 4442. Certain statutes continued in force. 4442. Notliin.s in this Code affects any of the provisions of "An act to authorize and direct the municipal authorities of the several cities and in- coi'poi-ated towns of this State to execute certain trusts in relation to the town lands granted to the Incorporated cities and towns in this State by the Act of Congress entitled an Act for the relief of the inhabitants of cities and towns upon the public lands, approved March second, eighteen hundred and sixty-seven; approved March twenty- four, eighteen hundred and sixty-eight;" or of "An Act to authorize and direct the County Judges of the several counties of this State to ex- ecute certain trusts in relation to the town lands granted to the unincorporated towns in this State by the Act of Congress entitled an Act for the re- lief of the inhabitants of cities and towns upon the public lands, approved March second, eighteen hundred and sixty-seven; approved March thir- tieth, eighteen hundred and sixty-eight;"' but such Acts are continued in force. CHAPTER YI. FUNDING AND REFUNDING OF CITY INDEBTEDNESS. § 4445. Powers of Trustees or Municipal Council to fund indebtedness; issuance and form of bonds. § 444G. Sale and exchange of bonds. § 4447. Tax for payment of bonds; "Bond Fund." § 4448. Redemption of bonds. § 4449. Proceedings on failure to levy tax. § 4445. The Board of Trustees or Municipal Council of any city having an outstanding indebt- edness on the first day of January, eighteen hun- dred and eighty, evidenced by bonds or warrants thereof, by a vote of two-thirds of all the mem- bers thereof, are empowered, if they deem it for 945 City Indebtedness. § 4445 the public interest, to fund or refund tlie same, and issue bonds of tlie city tlierefor in sums not less than one hundred dollars nor more than one thousand dollars each, having not more than twenty years to run, and bearing a rate of inter- est not exceeding seven per cent, per annum, pay- able semi-annually, which bonds shall be substan- tially in the following form: No. . The City of , in the County of , in the State of Cali- fornia, for value received, promises to pay , or order, at tlae ottice of the Treasurer of said city, in , on the first day of , 18—, or at any time before that day, at the pleasure of the city, the sum of dollars, gold coin of the United States, with interest at the rate of per cent. per annum, payable at the ojtice of the said Treas- urer, semi-annually, on the first days of and — — . in each year, on presentation and surrender of the interest coupons hereto attached. This bond is issued by the Board of Trustees (or Municipal Council, as the case may be), under the pi'ovisions of Chapter six, of Title three, of Part 4, of tke Political Code of California, and in conformity with a resolution of said Board of Trustees (or Municipal Council), dated day of , 18—. In testimony whereof, the said city, by its Board of Trustees (or Mimicipal Council), has caused this bond to be signed by the President of the Board of Trustees (or Municipal Council), and at- tested by the Auditor, with the city seal attached, this day of , 18 — . ^Seal.) — — , President of the Board of Trustees (or Municipal Council). Attest: , Auditor. And the interest coupon shall be in the following form: .$ . The Treas- urei' of the City of — -, County of — . State of California, will pay the holder hereof, on the (lay of , 18 — , at his office in , dollars, gold coin, for interest on City Bond No. , is- sued under provisions of Chapter six, of Title three, of Part four, of the Political Code of Cali- fornia. , Cit.v Auditor. If the President of the Board of Trustees (or Municipal Council), be ex- officio Auditor, then and in that case said bonds shall be attested by the City Clerk instead of the Auditor. [Amendment approved March 4, 1881; Stats. 1883, p. 35. In effect March 4, 1881.] Gold coin provisions — in form or bond given in § 4440 Cily Indebtedness, 94G section, were inserted by amdt. 1881. Entire chap- ter inserted by amdts. 1880. Compare as to county indebtedness— Sees. 4048- 4052. Act authorizing issuance of bonds to protect cities: See General Laws, title "Municipal Corpo- rations." Acts in relation to funding indebtedness: See General Laws, title "Public Debt." Act for destruction of unsold municipal bonds: See General Laws, title "Bonds." Judgments against city and counties over 100,- 000, how paid: See General Laws, title "Judg- ments." § 4446. Whenever bonds issued under this chapter shall be duly executed, numbered consec- utively and sealed, they shall be delivered to the City Treasurer, and his receipt taken therefor, and he shall stand charged on his official bond with all bonds delivered to him and the proceeds thereof, and he shall sell the same or exchange them under the directions of the Board of Trust- ees, or Municipal Council, on the best available terms, for any legal indebtedness of the city out- standing on the first day of January, eighteen hundred and eighty; but in neither case for a less sum than the face value of the bonds, and all in- terest accrued on them at the date of such sale or exchange; and if any portion of the said bonds are sold for money, the proceeds thereof shall be applied exclusively for the payment of liabilities existing against the city at and before the date above named. "When they are exchanged for bonds or warrants, or other legal evidences of city indebtedness, the Treasurer shall at once proceed to cancel the old bonds and such other evidences of indebtedness by indorsing on the face thereof the amount for which they were received, the word "canceled," and the date of cancellation. He shall also keep a record of bonds sold or ex- changed by him, by number, date of sale, amount, date of maturity, the name and postofflce address of the purchaser, and, if exchanged, what evi- dences of indebtedness were received therefor, which record shall be open at all times for inspec- tion by the public. Whenever the holder of any 947 City Indebtedness. § 4447 bond shall sell or transfer it, the purchaser shall notify the Treasurer of such purchase, giving at the same time the number of the bond transferred, and his postoffice address, and every transfer shall be noted on the record. The Treasurer shall also report, under oath, to the Board, at each regular session, a statement of all bonds sold or ex- changed by him since the preceding report, and the dale of such sale or exchange, and when ex- changed a list or description of the city indebted- ness exchanged therefor, and the amount of ac- crued interest received by him on such sale or exchange, which latter sum shall be charged to him as money received by him on Bond Fund, and so entered by him on liis boolvs; but such bonds shall not be sold or exchanged for any in- debtedness of the city, except by the approval of the Board of Trustees, or Municipal Council of said city. No sale shall be made of any such bonds, except to the highest bidder, after advertis- ing bids for the purchase of the same for not less than three weeks, in at least one newspaper pub- lished in the county, the right being reserved in such advertisement to reject any or all such bids. [New section approved April 27, 1880; amend- ments 1880, p. 105. In effect April 27, 1880.] § 4447. The Board of Trustees, or Municipal Council, shall cause to be assessed and levied each year, upon the taxable property of the city, in ad- dition to the levy authorized for other purposes, a surticient sum to pay the interest on outstanding bonds issued in conformity with the provisions of this chapter, accruing before tlie next annual levy, and such proportion of the principal that at the end of tive years the sum raised from such levies shall equal at least twenty per cent, of the amount of bonds issued; at the end of eight years at least forty per cent, of the amount, and at and before the date of maturity of the bonds shall be e(iual to the Avhole amount of the principal and in- terest; and the money arising from such levies shall be known as the "Bond P^ind," and shall be used for tlie payment of bonds and interest coupons, and for no other purpose whatever; and the Treasurer slifill open and keep in his books a separat<' and special account thereof, which slinll at all times show the exact condition of said §§ 4448, 444'J City Indebtedness. 948 Bond Fund. [New section approved April 27, 1880; amendments 1880. p. 105. In effect April 27, 1880.] § 4448. Whenever the amount in the hands of the Treasurer belonging to the Bond Fund, after setting aside the sum required to pay the inter- est matiiring before the next levy, is sufficient to redeem one or more bonds, he shall notify the owner of such bond or bonds, by advertising in any newspaper publislied in the county, not less than once a week, for three successive weeks, and in some newspaper of general circulation pub- lished in the city of San Francisco, not less than once a week, for three successive weeks, that he is prepared to pay the same, with all interest ac- crued thereon; and if not presented for payment or redemption within forty days after the fii'^t publication of such notice, the intex'est on such bonds shall cease and the amount due thereon shall be set aside for its payment whenever pre- sented. All redemptions shall be made in the ex- act order of their issuance, beginning at the low- est or first number, and the notice herein required shall be directed to the postoffice address of the owner, as shoAvn by the record kept in the Treas- urer's otfice. [New section approved April 27. 1880: amendments 1880, p. 105. In effect April 27. 1880.] § 4449. If the Board of Trustees, or Municipal Council, of any city which has issued bonds under the provisions of this chapter, shall fail to make the levy necessary to pay such bonds or interest coupons at maturity, and the same shall have been presented to the City Treasurer and the pay- ment thereof refused, the owner may file the bond, together with all unpaid coupons, with the County Treasurer of the county in which said city is situated, taking his receipt therefor, and the same shall be registered in the office of the County Treasurer: and the District Attorney shall as soon as practicable, proceed by mandamus in the proper coiirt, in the name of the owner of tlie bond, to compel the said tax to be levied in said city, and at a sufficient rate to realize the amount of principal and interest past due and to become due prior to next levy, and the same shall be 949 Mobs or Riots. §§ 4452-4454 levied and collected as a part of the county tax, and paid into the County Treasury, and pass to the special credit of such city as bond tax, and shall be paid by warrants as the payments mature to the holder of such registered obligations, as shown by the register in the office of the County Ti'easurer. until the same shall be fully satisfied and discharged; any balance then remaining being passed to the general account and credit of said city. [New section approved April 27, 1880; amendments 1880, p. 105. In effect April 27, 1880.] TITLE IV. LIABILITIES OP COUNTIES AND CITIES FOR INJU- RIES TO PROPERTY BY MOBS OR RIOTS. CHAPTER I. § 4452. MuDicipal Corporations responsible for injuries by mobs or riots. § 4453. Actions for damages thus caused must be tried, where. § 4454. When action must be commenced. § 4455. Warrant to be issued for payment of damages; tax therefor. § 4456. Plaintiff not to recover if damage resulted from his own neglect. § 4457. Application of foregoing provisions to injuries to levees, etc. § 4452. Every municipal corporation is respon- sible for injuries to real or personal property situ- ate witliiu its corporate limits, done or caused by mobs or riots. Section based-on Stats. 18G8, p. 418. § 4453. Actions for damages under the preced- ing section must be tried in the county in wliich the property injured is situated. Section based— on Stats. 1868, p. 419. § 4454. All actions herein provided for must be commenced within one year after the act com- plained of is committed. Basis of section— Stats. 18(i8, p. 419. Pol. Code-80. §§ 4455-4457 Mobs or Riots. 950 Like provision— in Code Civ. Proc, sec. 340, subd. 5. § 4455. On ttie certificate of the presiding offi- cer, or of tlie Clerlv of the Court in which the judg- ment is rendered, tbe Board of Supervisors of the county or the legib.ative authority of the city must by ordinance direct and cause to be issued a warrant for the payment thereof on the General Fund, and tlie same must be paid in its regular order, as other warrants of the municipal corpora- tion are paid; and must at the proper times levy and cause to be collected a tax on the taxable prop- erty of such municipal corporation for the pay- ment of such warrant within a period of not more than three years. Basis of section— Stats. 1868, p. 419. § 4456. The plaintiff in any action authorized by tliis title must not recover if it appears upon the trial that the damage complained of was oc- casioned or in any manner aided, sanctioned or permitted by his carelessness or negligence. § 4457. The provisions of this title and chap- ter are applicable to cases where the levees and other works of reclamation of any district are in- jured or destroyed by mobs or riots; and the ac- tions brought for damages therefor must be pros- ecuted by the Attorney General of the State, in the name of the people of the State of California, and the amount recovered in such actions must be paid to the Treasurer of the county, who must place the same to the credit of the district. [New section approved March 30. 1874; amendments 1873-4, p. 59. In effect .July 6, 1874.] Section added— by amdts. 1874. PART V. OF THE DEFINITION AND SOURCES OF LAW —EFFECT AND PUBLICATION OF THE CODES, AND THE EXPRESS REPEAL OF STATUTES. PART V. OF THE DEFINITIOX AND SOURCES OF LAW— EF- FECT AND PUBLICATION OF THE CODES, AND THE EXPRESS REPEAL OF STATUTES. Title 1. Definition and Sources of the Law. II. Effect of the Codes. III. Publication of the Codes, and Statutes Continued in Force. IV. Express Repeal of Statutes. TITLE I. DEFINITION AND SOURCES OF THE LAW. § 4466. Definition of law. § 4467. How expressed. § 4468. Common law, when rule of decision. § 4466. Law is a solemn expression of the will of the supreme power of the State. § 4467. The will of the supreme power is ex- pressed ; 1. By the Constitution; 2. By statutes. § 4468. The common law of England, so far as it is not repucnaut to or inconsistent with the Constitution of the United States, or the Consti- tution or laws of this State, is the rule of decision in all the Courts of this State. Basis of section— Stats. 1850, p. 219. (952) 953 Effect of the Codes. §§ 4478-448' TITLE II. EFFECT OF THE CODES. § 4478. Construction of the Codes with relation to the laws passed at the present session. § 4479. Laws passed at present session prevail. § 4480. Construction of Codes with relation to each other. § 4481. Conflicts between Titles, which to prevail. § 4482. Conflicts between Chapters, which to prevail. § 4483. Conflicts between Articles, which to prevail. § 4484. Conflicting sections of the same Title, which to pre- vail. § 4478. With relation to the laws passed at the present session of the Legislature, The Political Code, Civil Code, Code of "Civil Procedure and Peual Code, must be construed as though each had been passed on the first day of the present session. Construed as though passed on first day of ses- sion—otherwise as to special title, sec. 3891. § 4479. If the provisions of any law passed at the present session of the Legislature contravene or are inconsistent with the provisions of either of the four Codes, the provisions of such law must prevail. § 4480. Witli relation to each other, the provis- ions of the four Codes must be construed (except as in the next two sections provided) as though all such Codes had been passed at the same mo- ment of time, and were parts of the same statute. § 4481. If the provisions of any title conflict with or contrjivene tiie provisions of another title, the provisions of each title must prevail as to all matters and questions arising out of the subject matter of sucli title. § 4482. If the provisions of any chapter con- flict with or contravene the provisions of another chapter of the same title, the provisions of each chapter must prevail as to all matters and ques- tions arising out of the subject matter of such chapter. §§ 4483-4505 Express Repeal of Statutes. 954 § 4483. If the provisions of any Article conflict with or contravene the provisions of another Ar- ticle of the same chapter, the provisions of each Article must prevail as to all matters and ques- tions arising out of the subject matter of such Ar- ticle. § 4484. If conflicting provisions are found in different sections of the same chapter or Article, the provisions of the sections last in numerical or- der must prevail, unless such construction is in- consistent with the meaning of such chapter or Article. TITLE III. PUBLICATION OP THE CODES. § 4494. Codes not published as part of the statutes. § 4494. The Codes passed at this session of the Legislature must not be published as part of the statutes passed at this session, but provision must be made by law for their publication. Publication of Codes— see Stats. 1872, pp. 481- 484. Publication and distribution of Statutes— see sec. 318. TITLE IV. EXPRESS REPEAL OP STATUTES. § 4504. Repeal of repealed statutes not to Imply that they were in force. § 4505. Express repeal of statutes to be provided for. § 4504. The repeal of any statute or part of a statiite heretofore i-epealed must not be construed as a declaration, express or by implication, that such statute or part of a statute has been in force at any time subsequent to such first repeal. § 4505. The express repeal of statutes will be provided for by a separate statute, and such statute, after its passage, must be construed in the same manner, and must have like effect as if it were part of this Code. APPENDIX. f955) APPENDIX. ATTORNEY GENERAL. Acts allowing the attorney general to settle and dismiss certain suits may be found in the statutes of 1891, pages 182, 268, and 467. AUDITORS. An Act to enable Boards of Supervisors to au- thorize the employment of a deputy in certain cases. Deputies to ex-officio Auditors and Recorders. Section 1. The Board of Supervisors of any county now of the first class, under the provisions of Section forty hundred and six of the Political Code, in which the ex-officio Auditor and Recorder , is not authorized by law to employ a deputy, may, by resolution, authorize the said ex-officio Auditor and Recorder to employ a deputy, and to fix the compensation such deputy shall receive, not to exceed one hundred and twenty-five dollars per month. Sec. 2. This Act shall take effect immediately. [Approved April 9, 1880; 1880, 27 (Ban. ed. 155).] BOARD OF EXAMINERS. An Act to provide for the purchase of certain sup- plies for State Officers and members of the Legislature. [Approved March 16, 1876; Statutes 1875-6, p. 314.] The act constituted the Board of Examiners a furnishing board and prescribed its powers and duties. (957) 958 Appendix. An Act authorizing the State Board of Examiners to sell old furniture and all material belonging to the State and not required for public use. [Approved March 31. 1891; Statutes 1891, p. 452.] CITY AND COUNTY ATTORNEYS. An act to provide for furnishing assistants to every attorney and counselor, city attorney, and city and county attorney, and to each law officer, of whatever official name he may be designated, officially conducting the civil liti- gation of each city or city and county having one hundred thousand or more inhabitants, and providing the mode in which such assist- ants shall be appointed and designated as offi- cers of each city or city and county, and estab- lishing the compensation and prescribing the duties of such assistants. [Approved March 11, 1891; Statutes 1891, p. 95.] The act fixed the number of assistants and their compensation. CONSTABLES. An act legalizing the official acts of constables in this state, performed between the first Mon- day of January and the first Monday of March, eighteen hundred and seventy-four. [Approved March 27, 1874; Statutes 1873^, p. 700.] The nature of the act appears from its title. CONTROLLER. An act authorizing charge against general fund was approved March 31, 1891; Statutes 1891. p. 244. COUNTY CLERKS. An act in relation to certain deputies and assist- ants of county clei'ks. [Approved February 13, 1880; 1880, 5 (Ban. ed. 5).] Assignment of deputy county clerks to duties in new courts. Section 1. In all cases in which, by statutes in Appendix. 959 force on the thirty-first day of December, eighteen hundred and seventy-nine, the county clerk of any county, or city and county, is authorized to ap- point deputies or assistants, to whom duties are assigned by such statutes, in or in connection with any of the courts which were abolished by the constitution, the clerk may assign to such dep- uties or assistants duties in or in connection with the superior court of liis county, or city and coun- ty, and they shall be entitled to the same compen- sation as is provided in said statutes, and the same shall be audited and paid at the same time and in the same manner and from the same source as is provided therein. Sec. 2. This act shall take effect immediately. An act in relation to certain- deputies, assistants, and copyists of county clerks. [Approved April 2, 1880; 1880, 20 (Ban. ed. 104).] County clerks to appoint deputies, etc. Section 1. In all cases in which, by statutes in force on the thirty-first day of December, eighteen hundred and seventy-nine, the county clerk of any city and county or counties having over one hun- dred and twenty thousand inhabitants is author- ized to appoint deputies, assistants, and copyists in or in connection with the courts which are abol- ished by the constitution now in force, the county clerk may appoint four competent persons as such deputies, assistants, and copyists for each superior court; and where, by law, such superior court is entitled to more than one judge, he may appoint four competent persons as such deputies, assist- ants, and copyists for each additonal judge; and such deputies, assistants, and copyists so appoint- ed shall be entitled to the same compensation as is provided in said statutes, and the same shall be audited and paid at the same time and mannef and from the same source as is provided therein. He may also appoint one chief deputy, at a com- pensation of two hundred and fifty dollars per • month. He may also appoint such additional number of copyists as the business of his office shall, in his discretion, from time, to time I'equire, (provided, said uuuibor shall not exceed, at any one time, three copyists for each judge of the su- perior court), at a compensation not to exceed 960 Appendix. three dollars per day each for the days of actual service rendered; such additional copyists shall be paid at the same time and manner as is provided for such deputies, assistants, and copyists. [Amendment approved February 14, 1891; Stats. 1891, p. 5. In effect immediately.] An act authorizing county clerks in this state to take and certify affidavits for United States pen- sion claimants, without the payment of fees or compensation therefor. Affidavits certified without fees. Section 1. All county clerks in this state are hereby authorized and empowered to take and certify affidavits for United States pension claim- ants without demanding or receiving any fees or compensation therefor. Sec. 2. This act shall take effect immediately. [Approved March 10, 1887; 1887, 81.] DISTRICT ATTORNEYS. An act relating to district attorneys, their assist- ants, and clerks, in counties and cities and counties having a population of more than one hundred and twentv-five thousand. [Approved March 2. 1891; Stats. 1891, p. 21.] Section 1. All counties and cities and counties having a population of more than one hundred and twenty-five thousand, the district attorney shall have the power to appoint three deputies: one with a salary of three liundred ($300) dollars per month, and two with a salary of two liundred aud fifty ($250) dollars per month each; also, one chief clerk, with a salary of two hundred and fifty (.$2.50) dollars per month, and two assistant clerks, witli a salary of one hundred and fifty ($150) dol- lars per month each. Sec. 2. All acts or parts of acts in conflict with .this act are liereby repealed. Sec. 3. This act shall take effect immediately. An act in relation to the fees of district attorneys in certain counties. [Approved ]March 30. 1872: 1871-2, 799.] Tliis act related to the fees of district attorneys in Biitte, Inyo, I'lacer, and Shasta. Appendix. 961 ELECTIONS. An act to create a commission for the purpose of examining, testing, and investigating voting macliines, and reporting to tlie legislature at its Tliirty-tliird session the result of such in- vestigation, and making an appropriation for tlie expenses of such commission. [Stat, approved March 27, 1897; Stats. 1897, chap, clxvii.] The nature of the act appears from its title. An act to ascertain and express the will of the people of the state of California upon the sub- ject of requiring an educational qualification of voters. [Approved March 17, 1891; Statutes 1891, p. 115.] The people, at the election held in November, 1892, voted in favor of an educational qualifica- tion. An act to promote the purity of elections by reg- ulating the conduct thereof, and to support the privilege of free suffi'age by prohibiting cer- tain acts and privileges in relation thereto, and providing for the punishment thereof. [Approved February 23, 1893; Stats. 1893, p. 12.] Section 1. All nominations of candidates for public office to be filled by election within this state, and pi*esidential electors, must be filed witli the proper officer within tlie time and in the man- ner prescribed by law. Every certificate of nomina- tions made by the membei's of a political party, or by a convention or organized assemblage of delegates, or other body of citizens representing a political party or principle, must be signed as pi'ovided by the provisions of sections eleven hun- dred and eighty-seven (1187) or eleven hundred and eighty-eight (1188) of the Political Code of this state; and at the time of filing the certificate of nomination, tlie person signing such certificates of nomination shall also file with the officer au- thorized by law to receive and file such certificate the names of five persons, who have accepted, in writing, and consented to act, selected to receive, Pol. Code-81. 962 Appendix. expend, audit, and disburse all moneys contrib- uted, donated, subscribed, or in any wise furnish- ed or raised for the purpose of aiding or promot- ing the election of the candidates for office or electors named in the said certificate of nomina- tion, or in any manner to be used in respect of the conduct and management of the election at which such candidates are to be voted for. The certifi- cate of nomination must not be received or filed unless accompanied by the names of five persons, citizens and electors of this state, to compose such committee, together with their written acceptance and consent to act as such committee, as required by this act. All independent candidates must file the names of five persons to act as an auditing committee, in the same manner and at the same time as required by all regular party nominees or candidates, and all members of such an audit- ing committee acting for an independent candidate are to be governed by the same laws and re- quirements as the auditing committee of all reg- ular party nominees or candidates. The said committee shall have the exclusive custody of all monej's contributed, donated, subscribed, or in anywise furnished or raised for or on behalf of the political pai'ty, organized assemblage or body, or candidates represented by said committee, and shall disburse the same on proper vouchers, under the directions of the body of superior authority to which it is subject, if there be any. If, for any cause, a vacancy shall occur in the membership of said committee prior to the fifteenth day be- fore the day of holding an election, the vacancy must be tilled by the same authority as vacancies in the list of nominees are filled. No vacancy by resignation therefrom or refusal to act upon said committee shall occur after the fifteenth day before the day of holding an election, or until the said committee shall have completed and dis- charged all of the duties required of them by this act. If any vacancy be created by death or legal disability subsequent to the fifteenth day be- fore the day of holding an election, such vacancy shall not be filled, and the remaining members shall discharge and complete the duties required of said committee as if such vacancy had not been created. [Amendment approved March 27, 1895; Stats. 1895, chap, clxxxv.] Appendix. 963 Sec. 2. Within twenty-one days after the com- pletion of the official canvass of the result of the election, said committee shall file, as hereinafter provided, an itemized statement, sliowing in detail all the moneys contributed, donated, subscribed, or in any wise furnished or received to the use of the political party, organized assemblage, or body, or any or all of the candidates for public office, or electors, coming under the control of such com- mittee, or into their custody, directly or indirectly, together with the name of each contributor, donor, subscriber, or source from which such moneys were derived, and an itemized statement of all money expended; such statement shall give the names of the various persons to whom such mon- eys were paid, the specific nature of each item, by whom the service was performed, and the pur- pose for which it was expended. There shall be attaclied to such statement an affidavit, subscrib- ed and sworn to by each member of said commit- tee, setting fortli, in substance, tliat the state- ment thus'made is in all respects true, and that the same is a full and detailed statement of all moneys, securities, or equivalents for moneys coming under their control or into their custody, and by them expended, directly or indirectly. Such statement shall be filed in the same office in which is filed the certificate of their selection as such committee, and shall become a public docu- ment, and open to inspection by any citizen. Sec. 8. Every candidate who is Voted for at any public election held within the state shall, within fifteen days after the day of holding such election, file, as hereinafter provided, an itemized statement, showing in detail all moneys paid, loaned, contributed, or otherwise furnished to him, or for his use, directly or indirectly, in aid pf his election, and all moneys contributed, loaned or expended by him, directly or indirectly, by himself or througli any other person, in aid of his election. Such statement shall give the name of the various persons who paid, loaned, con- tributed, or otherwise furnished sucli moneys in aid of his election, and the names of the various persons to wliom sucli moneys were contributed, loaned, or paid, the specific nature of each item, the service performed, and l>y whom performed, and the purpose for which the money was ex- 964 Appendix. pended, contributed, or loaned. There shall be attached to such statement an affidavit, sub- scribed and sworn to by such candidate, which must be substantially in the following form: State of California, } County of , 5 I (name), having been a candidate for the office of , at the election held in the county, city and county, city, or other division, state of California, on the day of , 38—, do solemnly swear that I have paid the sum of $ for my expenses at the said election, and no more, and that, except as aforesaid, I have not, nor to the best of my knoAvledge and belief has any person, club, so- ciety, or association, on my behalf, directly or in- directly, made any payment, or given, promised, or offered any reward, office, employment, or valu- able consideration, or incurred any liability, on account of or in respect of the conduct or manage- ment of the said election, and except such moneys as may have been paid to or expended by the com- mittee selected as prescribed by the act of the leg- islature of this state approved (date of this act). And I further solemnly swear that,except as afore- said, no money, security, or equivalent for money has to my liuowledge or belief been paid, ad- vanced, given, or deposited by any one, to or in the hands of myself, or any other person, for the purpose of defraying any expenses incurred in my behalf, or iu aid of my election, or on account of or in respect of the conduct or management of the said election. And I further solemnly swear that I will not, at any future time, make, or be a pal-ty to the making or giving of, any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be a party to the providing of any money, security, or equivalent for money for tlae purpose of defraying any such expenses. If the candidate seeks to avoid the responsi- bility of any illegal payment made by any othet person in his belialf. he shall set out such illegal payment and disclaim responsibility therefor. Candidates for office to be filled by the electors of the state, or of any political division thereof greater than a county, and for members of the Appendix. 965 senate and asf?embly, representative in Congress, or for members of the state board of equalization, or state board of railroad commissioners, shall file their statements in the office of the secretary of state. Candidates for all other offices shall file their statements in the office of the cleric of the county wherein the election is held, and within which the duties of the office for which the can- didate is voted for are to be exercised. The state- ment or affidavit of a committee or candidate shall be recorded in the office of the county re- corder, and shall, after being filed, become a pub- lic record, and open at all times to public inspec- tion. Vouchers must be filed for all expenditures, except in the case of sums under five dollars. Sec. 4. Any candidate for a public office who shall refuse or neglect to file, or who makes a false statement of moneys received or expended, as prescribed by section three of this act, shall in addition to the punishment of sucli offense pre- scribed b.v the laws of this state, forfeit any office to which he may have been elected at the election with reference to which the statement is required to be made. If a candidate elected to a public office refuses or neglects to file the statement pre- scribed by section three of this act, no certificate of election shall be issued to him, neitlier sliall any official bond presented or offered by him be approved, and the incumbent of the office, unless he is himself a defaulting candidate, must not surrender or deliver up said office, but shall con- tinue to discharge the duties and shall receive the emoluments thereof. If the candidate refusing or neglecting to file the statement, or making a false statement of moneys received or expended, is the incumbent of an offlt-e of profit or trust under the laws of this state, in addition to the punish- ment prescribed by the laws of this state for such refusal or neglect, or for making such false state- ment, he shall be deprived of his office, and shall also forfeit any office to whicli he may have been elected at the election in reference to which the statement is required to be made. Sec. 5. No sum of money shall be paid and no expense shall be incurred by or on behalf of a candidate at an election held within this state at which he is a candidate, or by or on behalf of a committee selected under the provisions of sec- 966 Appendix. tiou oue of this act, or by or on behalf of the body or .superior authority to which such committee is subject, if any, whether before, during, or after an election, on account of or in respect of the con- duct or management of such election, except for the expenses of holding and conducting public meetings for the discussion of public questions, and of printing and circulating specimen bal- lots, handbills, cards, and other papers previous to such election, and of advertising, and of post- age, expressage, telegraphing and telephoning, and of supervising the registration of voters, and watching the polling or counting of votes cast at such election, and of salaries of persons employed in transacting business at office or headquarters and necessary expenses of maintaining same, and for rent of rooms necessary for the transaction of the business of the candidate or committee, or su- perior authority to which such committee is sub- ject, if any, and for necessary incidental ex- penses, wliich shall not exceed the sum of one hundred dollars, if expended by a candidate, or one thousand dollars, if expended by a commit- tee; and no sum shall be paid and no expense shall be incurred, directly or in- directly, by or on behalf of a candidate, whether before, during, or after an elec- tion, ou account of or in respect of the con- duct and management of. an election at which he is a candidate, in excess of the maximum amount following — that is to say, if the term of the office for which the person is a candidate be for one year or less, five per cent, of the amount of one year's salary of the office; if the term be for more than one year, and not more than two years, ten per cent, of the amount of one year's salary of the office; if the term be for more than two years, and not more than three years, fifteen per cent, of the amount of one year's salary of the office; if the term be for more than three years, and not more than four years, twenty per cent, of the amount of one year's salary of the office; if the term be for more than four years, ten per cent, of the amount of one yeai-'s salary of the office; if the office be one for which, in lieu of salary, there is allowed per diem, for a statutory period, or for the number of days actually engaged in the performance of Appendix. 967 public duties, tweuty-five per cent, of the amount to accrue for tlie statutory period; if the office be one for which, in lieu of salary, a yearly sum is allowed the officer for all the expenses of his office, the expenditures of the candidate for such office sliall not exceed the amount of ten per cent of the allowance for such office for one year; if the office be one for which no salary or compensa- tion is allowed except fees, or a salary not exceed- injf nine hundred dollars per annum "and fees, the expenditures of the candidate for such office shall not exceed the amount of one hundred and fifty dollars; if the office be one for which no salary or compensation is allowed, or for which a per diem is allowed for the days actually employed in the performance of a public duty, the expenditures of the candidate for such office shall not exeood one hundred dollars; if the candidate is also at the same time a candidate for an unexpired term, he sliall not pay or expend any sum on account of such unexpired term, but the maximum amount to be expended by such candidate shall be as hereinabove provided. See. 6. Every claim payable by the committee selected under the provisions of section one of this act on account of or in respect of any expense in- curred in the conduct and management of an elec- tion held within this state, or on behalf of the candidates of the political party, organized as- semblage, or body which such committee repre- .sents, must be presented to the committee within ten days after the return day of the election, and if not so presented, tlie same shall not be paid, and no action shall be commenced or maintained thereon, and all expenses incurred as aforesaid shall be paid within fifteen days after the comple- tion of such official cauA^ass, and not otherwise. Every claim in respect of any expenses incurred by or on belialf of a candidate at an election held within this state on account of or in respect of the conduct or management of such election shall be presented to such candidate within ten days after the day of election, and if not so presented, the same shall not be paid, and no action shall be instituted or maintained thereon; and all such ex- penses incurred as aforesaid must be paid within twelve days after the day of election, and not otherwise. Any person who makes a payment 968 Appendix. in contravention of this section, except where such payment is allowed, as provided by this act, is guilty of a misdemeanor. Sec. 7. The superior court of the county wherein such statement is filed or is required to be filed, may, on the application of either the com- mittee or candidate, or a creditor of either, allow any claim, not in excess of the maximum amount allowed by this act. to be presented and paid af- ter the time limited by this act: and a statement of any sum so paid, with a certificate of its allow- ance, shall forthwith, after payment, be filed by the committee or candidate in the same office as the original statement of the committee or candi- date. If the candidate or committee, upon such application, shall show to the satisfaction of said court that any error or false recital in such state- ment or affidavit, or that the failure to make such statement or affidavit, or to present, within the designated time, a claim otherwise just and l)roper, has been occasioned by the absence or ill- ness of such candidate, or by the absence, illness or death of one or more members of such commit- tee, or by the misconduct of any person dther than such applicant, or by inadvertence or ex- cusable neglect, or of any reasonable cause of a like manner, and not by reason of any want of good faith on the part of the applicant, the court may, after such notice of the application as the court sliall require, and on the production of such evidence of the facts stated iu the application as sliall be satisfactory to such court, by order, allow such statement and affidavit to be filed, or such error or false recital therein to be corrected, or such claims to be paid, as to the court seems just; and such order shall relieve the applicant from any liability or consequences under this act iu re- spect of the matters excused by the order. If the application is made by a creditor, the court may. under like conditions and upon a like showing, order the claim to be paid, and the creditor shall also be entitled to his costs. The claims of one or n^.ore creditors nifty be united in such application, but the amount and specific nature of each claim must be fully stated. Sec. 8. No payment of money shall be made and no expense shall be incurred by any person in aid of. or for or on behalf of, any candidate, or Appendix. 969 on account of or in respect of the conduct or man- agement of an election held within this state, ex- cept by a candidate or the committee selected un- der the provisions of section one of this act, or the committee, body, or superior autliority to whicli such committee is subject; and all expenses in- curred by tlie committee, body, or superior au- thority to wliich tlie said committee is subject shall be paid only from the fund in the custody of the said committee so selected, as required by this act. Any contract for the payment of money or any expense incurred contrary to the provis- ions of this section shall be absolutely void. Sec. 9. No payment of any money shall be made by a committee or candidate for the rent of any premises to be used as a committee-room or headquarters, or for holding a meeting, or for the purpose of promoting the election of a candidate, or on account of, or in respect to the conduct or management of. an election, where intoxicating liquors are sold for consumption on the premises, or where intoxicating liquor is supplied to mem- bers of any club, society, or association; provided, that nothing in this section shall apply to any part of such premises whicli is ordinarily let for the purpose of offices, or for holding public meetings, if such part has a separate entrance and no direct communication with any part of the premises on which any intoxicating liquor or refreshment is sold or supplied as aforesaid. Sec. 10. Every bill, placard, iioster. pamphlet, or other printed matter having reference to an election, or to any candidate, shall bear upon the face thereof the name and address of the printer and publisher thereof, and no payment therefor shall be made or allowed unless such addi'ess is so printed. . Sec. 11. Whenever any candidate for a public office pays, lends, or contributes, or offers or agrees to pay, lend, or contribute, any money or other valuable consideration to or for any person, either for: 1. The doing or procuring to be done of any act forbidden to be done by tlie laws of this state relating to public elections, or 2. Tlie commission of any crime or offense against the elective franchise, or the encourage- ^uent or assistance of a person in the commission 970 Appendix. I of a crime or offense against the elective fran- chise, or aiding or assisting any person charged with the commission of a crime against the elec tive franchise to evade arrest or to escape convic- tion and punishment for such crime or offense; or 3. Providing wholly ,or in part the expense of boarding, lodging, or maintaining a person at any place or domicile in any election precinct or ward or district with the purpose of securing the vote of such person for himself or any other person at an election held within the state; or 4. The hiring or employment of a person to talve or maintain a place in, or to otherwise ob- struct or hinder, or to prevent the forming of. the line of voters awaiting their opportunity or time to enter the polling-place or election-booth of an election precinct; or 5. For services rendered in securing his nomi- nation for the office of which he is a candidate, or for placing his name upon any list of nominees, filed with a public officer authorized to receive certificates of nomination, except the cost or ex- pense aiithorized by the Political Code to be con- tributed by a candidate for nomination to defray the legal and authorized expenses of a primary election, and except, also, the cost or expense of circulating a nominating petition for signatures of voters, or in consideration of any member of a convention, organized assemblage of delegates, or other body representing or claiming to repre- sent a political party or principle, having voted to secure for him his selection or indorsement as the nominee of .such convention, organized assem- blage, or body, for the office for which he is a candidate, or in consideration of any person aid- ing him in securing his election or indorsement as aforesaid; or 6. In consideration of any person withdrawing as a candidate for public office or presidential elector at any election held Avithin this state; or 7. For any purpose in contravention of the pro- visions of this act: or 8. For any purpose whatever in excess of the maximum amount which such candidate may lawfully expend under the provisions of this act: or 9. Makes any payment after the time limited by this act. unless the same is authorized as provided Appendix. 971 in tliis act, or unless it be in satisfaction of a judgment obtained against liim, wbetlier before, during, or after an election, in respect of or on ac- count of sucb election, or wbo refuses or neglects to file the statement prescribed by section thi'ee of this act, or who malves or files a false state- ment thereof, or is guilty of any crime against the elective franchise, or of any offense which is punishable by fine or imprisonment, or both, un- der the pi'ovisions of this act — such candidate shall, in addition to the punishment prescribed by the laws of tliis state or by this act, forfeit any office to whicli he may have been elected at the election in reference to whieli such crime or offense was committed; and if the candidate so offending is the incumi^ent of an office of profit or trust under the laws of 4;his state, he shall thereby forfeit this office. Any candidate who procures, aids, assists, counsels or advises the payment of any money or other valuable thing by or on behalf of a committee selected under the provisions of section one of this act, and such payment is made for any purpose which, if the money were expended by the candidate, would worli a forfeiture of the office to which he has been elected, such ])ayment sliall be deemed to have been made by such candidate, and he shall forfeit any office to wliicli he may have been elected at the election in reference to wliich such payment was made by or on behalf of such com- mittee. Sec. 12. Any elector of the state, or of any county, city and county, or of any political subdi- visions of either, may contest the riglit of any per- son declared elected to an office to be exercised therein for any of the causes or offenses named in this act, or to annul and set aside the election of any person declared elected to any office to be exercised therein who has forfeited his office for any offense committed in contravention of this act. In such a proceeding the provisions of title two of part three of the Code of Civil Procedure of the state of California, relating to the proceed- ings of contesting certain elections, so far as they are not inconsistent with tlie provisions of this act, are applicable to proceedings authorized by this section. If the contest or proceedings be as to the right of any person declared elected to the 972 Appendix. office of senator or member of the assembly, the provisions of sections two hundred and seventy- three to two hundred and eighty - three both inclusive, of the Political Code of this state shall govern and control the conduct and dispo- sition of sucli contest or proceeding. If the con- test be as to the right of any person declared elected to the office of governor or lieutenant- governor, sucli proceedings shall be had as are provided by sections two hundred and eiglity- eight to two hundred and ninety-five, both inclu- sive, of the Political Code of this State, and shall govern and control the conduct and disposition of such proceeding. Any offense mentioned in this act whicli. if committed by the incumbent of an office, other than member of the senate or as- sembly, or governor or lieutenant-governor, or any otlier office named in section eighteen of arti- cle four of the constitution of this state, is cause of removal of such officer from his office, and is hereby declared to be a misdemeanor in office, within the meaning of the constitution of this state: and for any such misdemeanor in office, the governor, lieutenant-govei'nor, or other officer mentioned in said section eighteen of article four of the constitution, is liable to impeachment. For any such misdemeanor in office committed by a member of the senate or assembly of this state, with the concurrence of two-thirds of the mem- bers elected, such member may be expelled. If the proceedinsr is against the incumbent of an office of profit or trust under the laws of this state. otJier thau member of the senate or assem- bl.v, or governor or lieutenant-governor, or other otiicer liable to impeachment, to remove him from or deprive him of his office for any offense in contravention of the provisions of this act, the provisions of sections seven hundred and fifty- eight to seven hundred and seventy-two, both in- clusive, of the Penal Code of the state of Califor- nia shall be applicable to such proceedings. Sec. 1.3. Where, upon the trial of any action or proceeding under the provisions of this act for the contesting of the right of any person declar- ed elected to an office, or to annul and set aside such election, or to remove a person from his of- fice, it appears from the evidence that the offense complained of was not committed by the candi- A-ppendix. 973 date, or with his l^nowledge or consent, or was committed without his sanction or connivance, and tliat all reasonable means for preventing the commission of such offenses at such election were talven by and on behalf of the candidate, or that the offenses complained of were trivial, un- important, and limited in character, and that in all other respects his participation in the election Avas free from such offenses or illegal acts, or that any act or omission of the candidate arose from inadvertence or from accidental miscalcula- tion, or from some other reasonable cause of a lilce nature, and in any case did not arise from any want of good faith, and under the circum- stances it seems to the court to be just that the said candidate should not forfeit his office, or be deprived of any office of wlijch lie is the inciim- bent, then the election of such candidate shall not. by reason of such offense or omission com- plained of, be void, nor shall the candidate be removed from or deprived of his office. See. 14. An action to contest tlie ris-ht of anv person declared elected to an office, or to annul and set aside such election, or to remove from or deprive any person of an office of which he is the incumbent, for any of- fense mentioned in this act. must, unless a different time be stated, be commenced within forty days after the return day of the election at which such offense was committed, or unless the ground of the action or proceeding is tlie illegal payment of money or other valunble tiling subse- quent to the filhi"- of tlie st.ntemoiit presoribed by section three of this act, in which case the ac- tion or proceeding may be commenced at any time after such illegal payment. A contest of the office of governor or lieutenant-governor, or mem- ber of the senate or assembly, must be com- menced within twenty days after the certificate of election is issued or the declai'ation of the re- sult of the election. Sec. 1.5. An application for filing a statement, payment of a claim, or correction of an error or false recital in a statement filed, or an action or proceeding to annul and set aside the election of any person declared elected to an office, or to re- move or deprive any person of his office for an Pol. Code— 82. 974 Appendix. offense mentioned in tliis act, must be made to oi commenced in the superior court of tlie countj in wlaicli the certificate of his nomination as t candidate for the office to which he is declared elected or is the incumbent is filed, or would b( filed, under any law enacted subsequent to tht first day of January, eighteen hundred and nine ty-oue, had such law been in force at the time ht Avas a candidate. Sec. 16. A candidate elected to an oflfice, and whose election thereto has been annulled and sel aside for any offense mentioned in this act, shall not, during the period fixed by law as the term ot such office, be appointed to fill any vacancy which may occur in such office. A candidate or othei person who is removed from or deprived of his office for any offense mentioned in this act shall not, during the period I'emaining as the unexpir- ed term of such office, or during the period fixed by law as the next ensuing term of such office, be appointed to fill any vacancy which may oc- cur in such office. Any appointment to an office made in violation of or contrary to the provisions] of this section shall be void. Sec. 17. Every offense mentioned in this act which is punishable by imprisonment in the state prison is hereby declared to be an infamous crime, and when any person is convicted of an offense herein declared to be an infamous crime, he shall, in addition to the punishment prescribed by tlie laws of this state for such offense, be ex- cluded from the right of suffrage after such con- viction; and it shall be the duty of the county clerk of the county in which any such convic- tion sliall be had to transmit a certified copy of the record of conviction to the clerk of each coun- ty of the state witliin ten days thereafter, which said certified copy shall be duly filed by the said county clerks in their respective offices, and a rec- ord of such must be made, and such record shall be a public record, and open to the inspection of any citizen. Sec. 18. If the district attorney of the county sliall be notified by any officer or other person of any violation of any of thejprovisions of this act, it shall be his duty forthwith to diligently in- quire into the facts of such violation, and if there is reasonable ground for instituting a prosecution, Appendix. 975 it shall be the duty of such district attorney to file a complaint or accusation, in writing, Before a court of competent jurisdiction, charging the ac- cused person of such offense, and shall verify such complaint by affidavit; but it shall be suffi- cient to state In such affidavit that he believes the facts stated in such complaint to be true. If any district attorney shall fail or refuse to faith- fully perform any duty imposed upon him by this act. he shall be deemed guilty of a misdemeanor, and on conviction thereof shall forfeit his office. It shall be the duty of the district attorney, un- der penalty of forfeiture of his office, to prosecute any and all persons guilty of any violation of the provisions of this act, the penalty of which is fine or imprisonment, or both, or removal from office. Any citizen may employ an attorney to assist the district attorney to' perform his duties under this act, and such attorney shall be recog- nized by the district attorney and the court as associate counsel in the proceeding; and no prose- cution, action, or proceeding shall be dismissed without notice to, or against the objection of, such associate counsel until the reasons of the district attorney for such dismissal, together with the ob- jections thereto of said associate counsel, shall have been filed in writing, argued by counsel, and fully considered by the court, with such limita- tion as to the time of filing such reasons and ob- jections as the court may impose. Sec. 19. It shall be unlawful for any person, di- rectly or indirectly, by himself or through any other person, — 1. To pay, lend, or contribute, or offer or prom- ise to pay, lend, or contrilmte. any money or other valuable consideration, to or for' any voter, or to or for any other person, to induce "such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election, for any particular person or per- sons, or to induce such voter to come to the polls or remain away from the polls at such election, or on account of such voter liaving voted or refrain- ed from voting, or having voted or refrained from voting for any particular person, or having come to the polls or remained away from the polls, at such election. 976 Appendix. 2. To give, offer, or promise any office, place, or employment, or to promise to procure, or en- deavor to procure, any office, place, or employ- ment, to or for any voter, or to or for any other person, in order to induce such voter to vote or refrain fi'om voting at any election, or to in- duce any voter to vote or refrain from voting at such election for any particular person or per- sons. 3. To make any gift, loan, promise, offer, pro- curement, or agreement, as aforesaid, to, for, or vpith any person, in order to induce such person to procure, or endeavor to procure, the election of any person, or the vote of any voter at any election. 4. To procure, or engage, promise, or endeavor to procure, in consequence of any such gift, loan, offer, promise, procurement, or agreement, the election of any person, or the vote of any voter at such election. 5. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same, or any part thereof, shall be used in bribery !it any election; or to knowingly pay, or cause to be paid, any money, or other valuable thing, to any person in discharge or repayment of any money, wholly or in part, expended in bribery at any election. 6. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same, or any part thereof, shall be used for boarding, lodging, or maintaining a person at any place or domicile in any election precinct, or ward, or district, with intent to secure the vote of such person, or to induce such person to vote for any particular person or persons at any election. 7. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same, or any part thereof, shall be used to aid or assist any person to evade arrest who is charged with the commission of a crime against the elec- tive franchise, for which, if the person were con- victed, the punishment would be imprisonment in the state prison. Appendix. 977 8. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, in consideration of being select- ed or indorsed as the candidate of any convention, organized assemblage of delegates, or other body, representing, or claiming to represent, a political party or principle, or any club, society, or asso- ciation, fora public office, or in consideration of the selection or indorsement of any other person as a candidate lor a public office, or in consideration of any member of a convention, club, society, or association having voted to select or indorse any person as a candidate for a public office, except that a candidate for nomination to a public office may contribute such proportion of the cost and expense of holding a primary election as is au- thorized by the Political Code of this state, and no more. 9. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, in consideration of a person withdrawing as a candidate for a public office. Every person who commits any of the offenses mentioned in this section is punishable, upon con- viction thereof, by imprisonment in the state prison for not less than one year nor more than seven years. Sec. 20. It shall be unlawful for any person, di- rectly or indirectly, by himself, or through any other person, — 1. To receive, agree, or contract for, before or during an election, any money, gift, loan, or other valuable consideration, office, place, or employ- ment, for himself or any other person, for voting or agreeing to vote, or for coming or agreeing to come to the polls, or for refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or refraining or agreeing to refrain from voting, for any particular person or persons at any election. 2. To receive any money or other valuable thing, during or after an election, on account of himself or any other person having voted or re- frained from voting, for any particular person or persons at such election, or on account of himself or any other person having come to the polls or remained away from the polls at such election, or on account of having induced any other person 978 Appendix. to vote or refrain from voting, or to vote or re- frain from voting for any particular person or persons, or to come to or remain away from the polls, at such election. 3. To receive any money or other valuable thing, before, during, or after election, on ac- count of himself or any other person having voted to secure the election or indorsement of any oth- er person as the nominee or candidate of any con- vention, organized assemblage of delegates, or other body representing, or claiming to represent, a political party or principle, or any club, society, or association, or on account of himself or any other person having aided in securing the selec- tion or indorsement of any other person as a nominee or candidate as 'aforesaid. Every person who commits any of the offenses mentioned in this section is punishable, upon con- viction, by imprisonment in the state prison for not less than one nor more than seven years. Sec. 21. Every person who willfully causes, procures, or allows himself to be registered in the precinct register or great register of any coimty or city and county, linowing himself not to be en- titled to such registration, is punishable by im- prisonment in the state prison for not less than one nor more than three years. Sec. 22. Every person who willfully causes, procures, or allows any other person to be regis- tered in tlie precinct register or great register of any county, or city and county, linowing such person not to be entitled to such registration, is punishable by imprisonment in the .state prison for not less than one year nor more than three years. Sec.' 23. Every person not entitled to vote who fraudulently votes, and every person who votes more than once, at any one election: or knowing- ly hands in two or more ticl^ets folded together, or changes any ballot after the same has been deposited in tlie ballot-box. or adds, or attempts to add, any ballot to those legally polled at any election, eitlier by fraudulently introducing the same into the ballot-box before or after the bal- lots therein have been counted, or adds to or mixes with, or attempts to add to or mix with, the ballots lawfully polled, other ballots, while Appendix. 97£ the same are being counted or canvassed, or at any otlier time, witli intent to cliange the result of such election; or carries away or destroys, or attempts to carry away or destroy, any poll list, or ballots, for the purpose of breaking up or in- validating such election; or willfully retains, mu- tilates, or destroys any election returns; or in any manner so interferes with the offi'cer holding such election or conducting such canvass, or with the voters lawfully exercising their rights of vot- ing at such election, as to prevent such election or canvass from being fairly had and lawfully conducted,— is punishable by imprisonment in the state prison for not less than two nor more than seven years. Sec. 24. Every person not entitled to vote who fraudulently attempts to vote, or who, being en- titled to vote, attempts to vote more than once, at any election, or who personates or attempts to personate a person legally entitled to vote, is Ijunishable by imprisonment in the state prison for not less than one nor more than two years. Sec. 25. Evei-y person who gives or offers a bribe to any officer or member of any legislative caucus, political convention, committee, primary election, or political gathering of any Ivind, lield for the purpose of nominating candidates for of- fices of lionor, trust, or profit in this state, with intent to influence the person to whom such bribe is given or offered to be more favorable to one can- didate than to another, and every person, mem- ber of" either of the bodies in this section men- tioned, who receives or offers to receive any such bribe, is punishable by imprisonment in the state prison not less than one nor more than seven years. Sec. 26. Every officer or clerli of election who iiids in changing or destroying any poll list or offi- cial ballot, or in placing any ballots in the bal- lot-box, or in talking any therefrom, or adds, or attempts to add, any ballots to those legally poll- ed at such election, either by fraudulently intro- ducing the same into the ballot-box before or after the ballots therein hnve been counted, or adds to or mixes with, or attempts to add to or mix with, the ballots polled, any other ballots, while the same are being counted or canvassed, or at 980 Appendix. any other time, witli intent to change the result of such election, or allows another to do so, when in his power to prevent it, or carries away or de- stroys, or knowingly allows another to carry away or destroy, any poll list, ballots, ballot-box, or ballots lawfully polled, is punishable by im- prisonment in the state prison for not less than two nor more than seven years. Sec. 27. Every person who forges or counter- feits returns of an election purporting to have been held at a precinct, town, or ward where no election was in fact held, or willfully substitutes forged or counterfeit returns of election in the place of true returns for a precinct, town, or ward where an election was actually held, is punisha- ble by imprisonment in the state prison for a term not less than two nor more than seven years. Every person who willfully adds to or subtracts official or unofficial returns, or who alters such re- turns, is punishable by imprisonment in the state prison for not less than one nor more than five years. Sec. 28. Every person who aids, assists, coun- sels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, or who aids or abets in the commission of any of tlie offenses mentioned in the preceding sections, is punishable by imprison- ment in the state prison not exceeding two years. Sec. 29. Evex-y person charged with the per- formance of any duty under the provisions of any law of this state relating to elections, who will- fully neglects or refuses to perform it, or who, in his official capacitj-, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, is, unless a different pun- ishment for such acts or omissions is prescribed by tlie code of this state, punishable by fine not exceeding one thousand dollars, or by imprison- ment in the state prison not exceeding five years, or by both. Sec. 30. Every person who, being a member of the committee selected as prescribed in section one of this act, or a candidate for a public office at an election, makes and files any false state- ment of moneys received and expended on ac- count of or in respect of the conduct and manage- ment of the election in reference to which such Appendix. 981 statement is filed, is guilty of pei'jury, and is punishable by imprisonment in the state prison for not less than one year nor more than seven years. See. 31. Every person who signs or presents for filing a certificate as prescribed by section one of this act, which contains the name of a fic- titious person, or the name of any person other than those actually selected to perform the du- ties required of the committee to be selected un- der the provisions of section one of this act, or who practices any fraud, device, or artifice to conceal the true names of the persons actually charged with the duties belonging to the said committee, is punishable, upon conviction, by im- prisonment in the state prison for not less than one year nor more than seven years. Sec. 32. A person offending against any provi- sion of sections nineteen, twenty, twenty-one, twenty-two, twenty-five, twenty-six, twenty-sev- en, twenty-eight, thirty, and thirty-one of this act is a competent witness against another person so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding, or lawful investigation, or judicial proceeding, in the same manner as any other person. But the testimony so given shall not be used in any pros- ecution or proceeding, civil or criminal, against the person so testifying. A person so testifying shall not thereafter be liable to indictment or presentment by information, nor to prosecution or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly in bar of such indictment, information, or prosecution. Sec. 33. It shall be unlawful for any candi- date for public office, before or during an election, to make any bet or wager with a voter, or take a share or interest in or in any manner become a party to such bet or wager, or provide, or agree to provide, any money to be used by another in making such bet or wager, upon any event or contingency whatever. Nor shall it be lawful for any person, directly or indirectly, to make a bet or wager with a voter, depending upon tlie re- sult of any election, with the intent thereby to procure the challenge of such voter, or to prevent 982 Appendix. him from voting at snch election. Every person who commits any of the offenses mentioned in tliis section is guilty of a misdemeanor. Sec. 84. Every candidate for a public office who refuses or neglects to file a statement, as prescrib- ed in section three of this act, is guilty of a mis- demeanor. Sec. 35. Every member of a committee selected under the provisions of section one of this act who refuses or neglects to tile a statement, as prescribed by section two of this act, is guilty of a misdemeanor. Sec. 36. Every person who advances or pays, or causes to be paid, any money or other valua- ble tiling, in contravention of sections eight or nine of this act. unless a different penalty is pro- vided for such illegal payment, is guilty of a mis- demeanor. Sec. 37. Every candidate who makes any pay- ment in aid of his election, or in the conduct and management of an election, in excess of the sum authorized or permitted to be expended by tliis act, or contrary to or in violation of sections five or six of this act, is guilty of a misdemeanor, im- less a different penalty is provided for such ille- gal payment; each payment so made contrary to or in violation of said sections five or six of this act shall constitute a separate and distinct of- fense. Sec. 38. Every member of a committee selected under the pi'ovisions of section one of this act who makes any payment contrary to or in vio- lation of tlie provisions of sections five or six of this act, unless a different penalty is provided for such illegal payment, is guilty of a misdemeanor. Sec. 39. Every person who, either before or during an election, directly or indirectly, gives or provides, or pays, wholly or in part, the expense of giving or providing any meat, drink, refresh- ment, entertainment, or provision to or for any person, for the iiurpose of corruptly influencing that person, or any other person, to give or re- frain from giving his vote at an election, or to come to the polls or remain away from tlie polls, or on account of such person or any other person having voted or refrained from voting, or having come to tlie polls or remained away from the polls, or being about to vote or refrain from vot- Appendix, 983 ing, at such election, is guilty of a misdemeanor. Sec. 40. Every person who sets up, or causes to be set up, or otherwise exhibits, in any place set apart for the registration of voters for the re- ceiving of votes at an election, or for the counting of votes cast at an election, any box or other re- ceptacle for the deposit of money, or who solicits the giving or depositing of any money, for the purpose of providing any drinlv, refreshment, or entertainment to or for any person employed in or about the registration of voters, or the polling of votes, or the counting of votes cast at an elec- tion, or who gives or provides any moneys as aforesaid, is guilty of a misdemeanor. Sec. 41. It shall be unlawful for any person, di- rectly or indirectly, by himself, or any other per- son in liis behalf, to malve use of, or threaten to make use of, any force, violence, or restraint, or to inflict or threaten the infliction, by himself, or through any other person, of any injury, damage, harm, or loss, or in any manner to practice in- timidation upon or against any person, in order to induce or compel such person to vote or refrain from voting at any election, or to vote or refrain from voting for any particular person or persons at any election, or on account of such person or persons at any election, or on account of such person having voted or refrained from voting at any election. And it shall be unlawful for any person, by abduction, duress, or any forcible or fraudulent device or contrivance whatever, to im- pede, prevent, or otherwise interfere with the free exercise of the elective franchise by any voter, or to compel, induce, or prevail upon any voter either to give or refrain from giving his vote at any elec- tion, or to give or refrain from giving his vote for any particular person or persons at any elec- tion. It shall not be lawful for any employer, in paying his employees the salary or wages due tliem, to inclose their pay in "pay-envelopes" up- on which there is written or printed the name of any candidate, or any political mottoes, devices, or arguments containing threats, express or im- plied, intended or calculated to influence the polit- ical opinions or actions of such employees. Nor shall it be lawful for any employer, within ninety days of an election, to put up or otlierwise exhibit 984 Appendix. in liis factory, worksliop, or other establistiment or place where his worlvmen or employees may be working, any handbill, or placard containing any threat, notice, or information, that in case any particular ticket of a political party, or or- ganization, or candidate shall be elected, work in his place or establishment will cease, in whole or in part, or his place or establishment be closed up, or the salaries or wages of his workmen or employees be reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of his workmen or employees. This section shall apply to corpora- tions as well as individuals, and any person or corporation violating the provisions of this sec- tion is guilty of a misdemeanor, and any corpora- tion violating this section shall forfeit its charter. Sec. 42. Every inspector, judge, or clerk of an election who, previous to putting the ballot of an elector in the ballot-box, attempts to find out any name on such ballot, or who opens or suffers the folded ballot of any elector which has been handed in to be opened or examined previous to putting the same into the ballot-box, or who makes or places any mark or device on any folded ballot with the view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such inspector, judge, or clerk has fraudulently or illegally discovered to have been voted for by such elector, is pun- ishable by fine not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days or more than six months, or by both such fine and im- prisonment. Sec. 43. Other crimes against the elective fran- chise are defined, and the punishment thereof pre- scribed, by the Penal Code relating to the subject, and by special statutes. Sec. 44. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 45. This act shall take effect and be in force from and after its passage. Appendix. 985 An Act concerning special elections. [Approved February 9, 1878; 1877-8, 78. J Ward registers to be used. Section 1. At any special election to be held in any county, except in the city and county of San Francisco, copies of the great register of such county, and in the city and county of San Fran- cisco copies of the ward registers of said city and county, which were printed before and used at the next preceding general election shall be used. Board of supervisors to furnish registers. Sec. 2. Before the day on which said special election is appointed to be held, the board of su- pervisors of the county, except the city and coun- ty of San Francisco, must" furnish the board of election of each precinct in the county at least one copy of the aforesaid printed great register; and the board of supervisors of the city and coun- ty of San Francisco must furnish the board of election of each precinct in the county at least one copy of the ward register of the ward in which the precinct is located. If the board can- not otherwise obtain a sufficient number of copies of the register for the purpose, it must talie the copies filed in the office of the county clerli, in pursuance of section twelve hundred and sixty- eight of the Political Code. Letter "V" to be used. Sec. 3. If the copy of the register which shall be furnished to any precinct shall have been used at a previous election, the letter "V" may be us- ed instead of the word "Voted," as required by section twelve hundred and twenty-eight of the Political Code. Posting copies of great register. Sec. 4. It shall not be the duty of the board of election to post copies of the great register, as re- quired by section eleven hundred and forty-nine of the Political Code. Voter not required to give number. Sec. 5. The voter, when he offers his ballot at a polling place, shall not be required to announce his number on the great register, as provided for Pol. Code— 83. 986 Appendix. in section twelve hundred and twenty-five of tlie Political Code. Sec. 6. This act shall take effect immediately. An act providing for general primary elections within the state of California, and to promote the purity thereof by regulating the conduct thereof, and to support the privileges of free suffrage thereat, by prohibiting certain acts and practices in relation thereto, and provid- ing for the punishment thereof, and for other purposes. [Stat, approved March 13, 1897; Stats. 1897, chap, cvi.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. All primary elections held within this state for the nomination of any candidate for a state or district office, member of congress, members of the legislature, city, city and county, county, or town officers, or for the election of del- egates to a convention for the purpose of making such nominations, shall be held under the provis- ions of this act. A convention to nominate can- didates to be voted for by the electors of the en- tire state shall be known as a "state convention." Conventions to nominate representatives in con- gress, members of the board of equalization, or railroad commissioners, shall be known as "dis- trict conventions." AH other conventions shall be known as "local conventions." Sec. 2. All primary elections shall be held in this state at the times hereinafter specified and not otherwise. In years when by law electors of President and Vice President are to be voted for, a state convention to select delegates to a national convention to select candidates for President and Vice I'resident, which state convention shall have power at its option to divide itself into a district convention, or district conventions, to nominate candidates for congress, or other district nom- inees, shall be composed of delegates selected pur- suant to the provisions of this act. at a general primary election to be held for such purpose up- on the last Tuesday of March in each such year. A general primary election for the election of del- Appendix. 987 egates to the state and district conventions in the year eighteen hundred and ninety-eight, for the purpose of nominating candidates for office to be voted for at the next ensuing general election, shall be held on the second Tuesday in the month of July in that year, and every four years there- after on the same day. It shall be the duty of the board of election commissioners of each re- spective county, or city and county, by resolution, to prescribe and designate a day, or days, upon which a primary election, or primary elections, for delegates to a county, or city and county, or city, or other local convention, for the purpose of nom- inating county, or city and county, or city, or oth- er local officers, may be held, and each of said boards shall have the power to prescribe that sep- arate primary elections shaU be held for the elec- tion of delegates to a county, city, city and coun- ty, or other local convention, and for the election of delegates to a city or various city conventions for the nomination of city officers, or may pre- scribe that both sets of delegates shall be elected at the same primary election. Such resolution must be made by said board at least sixty (60) days prior to the day named by said board or fixed by law for any election of any public offi- cer or officers, and notice thereof shall be pub- lished for at least five successive days in one daily newspaper of general circulation, published in the county, or city and county. Sec. 3. All political parties or organizations of electors, desiring to hold a convention or conven- tions for the purpose of nominating candidates for public office, to be voted for at any election, whether city, county, city and county, or state, must petition the boards of election commission- ers of each respective county, or city and countj', in writing, at least twenty days before the day for such primary election, which day, unless de- termined herein by law, must be the day by res- olution fixed by the board of election commis- sioners, as hereinbefore provided, and which pe- tition must set forth: First— The name by which such political party or organization is Icnown, or desires to be Ijnown. Second— That such political party or organiza- tion is desirous of and intends to hold a conven- tion, or conventions, of delegates representing 988 Appendix. said party or organization — designating tlie gen- eral time and place of holding any such conven- tion, or conventions— for the purpose of nominat- ing candidates for offices to be voted for by the people of the state, or city, or county, or city and county, or both, or all, at the next ensuing elec- tion, and is desirous of electing delegates to such convention, or conventions, to be held for that purpose, under the provisions of this act, and re- questing that the board of election commissioners of the county, or city and county, perform the ser- vices hereinafter prescribed in this act. If such political party is one which by reason of its pi'e- vious vote is entitled to hold a convention de- fined by sections eleven hundred and eighty-six and eleven hundred and eighty-seven of the Po- litical Code, such petition must be authenticated by the signature of tlie chairman and secretary of the committee of tlie party or organization for the respective district or tenitory throughout Avhich the primaries and election are sought to be held, which committee sliall have been selected at the last convention of tlie party or organization for sucli territory, or elected or appointed in the method or manner required by law. That is to say, if a primary election is desired throughout tlie state for the selection of delegates to a state convention, then tlie petition must be authenti- cated by the chairman and secretary of the state committee; if for a district convention, then by the chairman and secretary of the district com- mittee; or. if there be no district committee, then by the state committee; if for a county, or city and county convention, then V)y the county, or city and county committee, and if for a city or other lo- cal convention, then by tlie chairman and secre- tary of tlie city committee or local committee, if any, and verified by the oath of sucli signers that the facts therein stated are true, and that the said signers are the chairman and secretary of said committee, respectively. No political party or or- ganization can use the name of another ]3olitical party or organization, or any name or designa- tion so similar to another party name that it may deceive voters. Sec. 4. Any political party or political organ- ization whicli. at the last election precediut;- tin- filing of such application, shall not have polled at Appendix. 989 least three per cent of the entire vote cast in the political division for which nominations are sought to be made, may file not less than twenty days prior to the time set for any primary election with the election commissioners of the county, or city and county in which such primary election is to be held a petition signed by at least three per cent of the voters at such last election of the po- litical division for which nominations are sought to be made, which need not all be on one paper, which petition shall set out all facts required to be set forth in the application in this act provided for, and which petition shall further set forth that the persons signing the same are members of such political organization, and intend to support can- didates for election as delegates to the convention for their respective political organization, and such petition must be verified in the same manner as re organizations entitled by law to participate in ' such primary. Each such ballot box must have, , in distinct letters and words, upon the front of i such box, the name of the respective political I party or organization for whose use it is intend- ed. All the ballot boxes must be placed in a row, side by side, fronting so that the front of each box shall be in the same direction, and be where the voters can easily approach such boxes and pre- sent their ballots, and the said party name on each box must be on the front of each, so as to be easily seen and distinguished by any voter within six feet of such box. Every person desiring to vote at such primary must deposit one ballot only, J Appendix. 997 upon which must be the names of all delegates for whom he desires to vote; and it shall be the duty of the clerk of the board of election com- missioners of the county, or city and county in which said primary election is to be held, to desig- nate in the certificate which is in this act provided to be furnished to political parties, the color or combination of colors of the paper upon which the ballots are to be printed, and there shall be so designated for each political party participat- ing in said primary election, a color or combina- tion of colors, to be by them used for the paper upon which such ballots are to be printed, which color or combination of colors shall in each case be distinctive and easily distinguishable from the color or combination of colors to be used at said primary election by any other political party; the said clerk shall at least ten days prior to the date of any primary election, also procure to be print- ed or otherwise made, accurate samples of the color or combination of colors so designated for each political party, and shall label each of such samples with the name of the political party for which it is designated, and shall deliver samples, so labeled, to each respective political party for which said sample is designated, and to all pei*- sons desiring the same in good faith, and shall keep in his ofhce, at all times, open to inspection by any person, an exact copy of each and all of said samples so labeled as aforesaid; and the name or designation of each political party must be plainly written or printed at the head of each ticket. The election officers shall stand behind the ballot boxes, and as each voter approaches to vote, when it is ascertained that he is entitled to vote, it shall be noted in the register by the clerk, in which box he votes, by writing in the register opposite his name the name on the box in which he votes, and thereupon his ballot shall be receiv- ed by the judge of election or inspector and de- posited in the ballot box named by such voter, and in no other, in the presence of the voter; provided, that no ballot shall be deposited in any Ibox unless it is printed on paper of the color, or combination of colors, designated for the particular party in whose box it is to be placed. Pol. Code— 84. 998 Appendix. Sec. lo. There shall be at least one polling place for the purpose of a primary election for each three polling places provided for at a general elec- tion; that is, a polling place for at least three pre- cincts; and each political party may file with the board of election commissioners a list of the pre- cincts and number and name of street or locality in town, or township, where they desire such poll- lug places, and it shall be the duty of the board of election commissioners to examine said lists and decide which polling places will be most con- venient for the voters of the precincts, all of whicli matters shall be determined by the board of election commissioners. The polls shall be kept open from seven o'clock A. M. to sunset on the day of holding said primary election, and shall be at all times kept open to the public during the reception of ballots, and until the same are count- ed, and the results declared. There must be fur- nished by the board of election commissioners to the election officers in eacli precinct, for use at such primary election, a register, together with any supplements thereto, containing the names of each person entitled to vote in such precinct at tlie last preceding general election, as shown by the great or precinct register, or both, and the suppleDients thereto. Sec. 16. All registers and supplements thereto, used by the officers conducting any primary elec- tion, must be forthwith returned to the county clerk, and by him kept for such use thereafter as the board of election commissioners may make of them. See. 17. Any person voting at any primary elec- tion, on behalf of any party or for delegates to any convention of a political party or organization, thereby by such act declares, as a test of the right to so vote, a bona fide present intention of sup- porting the nominees of such political party or or- ganization at the next ensuing election; and any voter may be challenged, and his right to so vote may be 'withheld, imless he will make oath as to the bona fide present intention to support the nominees of the convention to which delegates are so elected for such political party or organization. No elector who votes at any primary election for the election of delegates to any convention shall I Appendix. 999 sign any petition in favor of or recommending for nomination any person as an independent candi- date for any ottice for wliich candidates were to be, or shall have been nominated at such con- vention. No elector shall sign any petition for any independent candidate, or candidates, prior to the date set for tlae holding of any primary elec- tion for the election of delegates to any conven- tion for the nomination of candidates for any office for which sucli petition is circulated or signed. The clerk or officer with wliom any petition of any independent candidate is filed, is authorized and directed to strilce out or disregard the name or names of any electors Tvho. upon examination of the voting registers, or otlierwise. ma.v be found to have signed such petition in violation of tlie provisiojis herein. Any elector or person violating the provisions of this section shall be and hereby is declared guilty of a misdemeanor. Sec. 18. Before receiving any ballots the elec- tion officers must, in the presence of any persons assembled at each polling place, open and see that the ballot boxes are empty, and exhibit, and close the ballot boxes, and thereafter nf)ne of them must be removed from the polling place or presence of the bystanders until all the ballots are counted, nor must any box be opened until after the polls are finally closed. Before the elec- tion officers receive any ballots they must cause to be proclaimed aloud at the place of such pri- mary election that the polls are open, and when the polls are closed that fact must be proclaimed aloud at the place of such election: and after such last named proclamation no ballots must be re- ceived. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain open. The ballots to be used at every primary election shall be of the uniform width of six inches, and before be- ing deposited in the ballot box each ballot must be folded at right angles to its length, and must be so folded when deposited that no person can see any name jjrinted or written thereon. As soon as the polls are finally closed, tlie top or opening of eacli ballot box. in which ballots were depos- ited, must 1)e securely covered and sealed liy the inspector, and the covering and seal must not be 1000 Appendix. permitted to be broken until the election board is ready to open the box to take out and count the ballots. Only one box shall be opened at a time, and after the covering and sealing of the ballot boxes, the election officers must immediately pro- ceed to count and canvass the votes given at such primary election. The canvass must be public, in the presence of the bystanders, and every polit- ical party shall be entitled to have at least two rep- resentatives present during the time the votes of its box nve being counted. The canvass must be continued without adjournment until completed and the result thereof declared; but one box shall be opened and canvassed at the same time, and no other box shall be opened until such box being canvassed is completed and the result written out and certified to and declared. Except as here- in otherwise provided, said votes shall be counted, canvassed, listed, strung, numbered, and tallied, in the same manner required by law for the count- ing, canvassing, listing, stringing, numbering, and tallying of votes, at a general election for public officers, and the tally lists, ballots, and registers and supplements must be signed, certified, made up, sealed, delivered, preserved, and kept in the same manner as required by law at a general elec- tion for public officers. The tally lists must be by the county clerk kept open to the public inspection for at least twenty days after any primary elec- tion, and as long thereafter as ordered by the board of election commissioners. Sec. 19. Wlien The counting of ballots is com- pleted, the election officers shall forthwith for- ward tlieir tally lists and ballots to the county clerk or the secretary of the board of election eommissont-rs. and sucli board shall meet there- after, and within three days from the date of any primary election canvass the returns and declare the result of said primary election, and issue cer- tificates of election to the delegates elected to the various party conventions. The ballots and tally lists shall be, by the precinct officers, placed in a sealed envelope, and on the outside of the envelope or envelopes so sealed the election offi- cers of each precinct shall write and sign a cer- tificate to the effect that it contains all the ballots cast in such precinct and the tally lists kept by the Appendix. 1001 clerks, Avhlch envelope and envelopes, together with the contents, must be delivered to the cus- tody of the county clerk or the board of election commissioners. Sec. 20. The governing body in the county, or city and county of each political party taking part in such primary election, may furnish to the board of election commissioners, prior to or at the time of the selection by the said board of the elec- tion officers, the name of an elector in each pre- cinct, whom such party is desirous to have ap- pointed as general challenger for such party. It shall be the duty of such board of election com- missioners, if they find that the person named is a resident of such precinct, and that his name ap- pears on the last precinct register of said pre- cinct, to appoint such person as such challenger, and cause a certificate to that effect, under its seal, to issue to such person, which the said clerk shall transmit to such person, in the same man- ner as provided in this act for transmitting the certificates to the election officers. At any time after that, and not later than the third day before the election, any body of resident voters of any precinct, not less than the number of delegates of said party to be elected in such precinct may file a petition with the board of election commission- ers, setting forth that it is their intention to run as candidates at such primary election, and re- questing the appointment of some person as a spe- cial challenger to act on their behalf, and nam- ing such person. It shall thereupon be the duty of said board to ascertain if such person has the qualifications hereinbefore provided, and if so, to appoint such person, and cause a like certifi- cate to be issued to him. Such challengers shall act without compensation when so appointed, and shall be sworn the same as an election officer, and shall have power to challenge the vote of any per- son by him believed to be voting unlawfully, up- on any ground mentioned in the general election law, or upon any ground mentioned herein; and such challengers, during the progress of any such primary election, shall be vested with all the pow- ers of a peace officer; he shall have free access to such polling place during the election and the counting of the ballots. Sec. 21. Immediately upon the passage of this 1002 Appendix. act it shall be the duty of the county clerks of the several counties, or any city and county, to per- emptorily withdraw from distribution a sufficient number "of the copies of the ward, or precinct, or township registers and ,the supplements thereto, in their possession for use at the primary elec- tions, and to carefully preserve such copies for such use. The secretary of state shall notify the several county clerics of the duty imposed upon them in this respect. In printing registers for use in the general elections that shall occur after the passage of this act, it shall be the duty of the board of supervisors of the several counties to print such additional copies as may be required for use in the primary elections. Such additional copies shall he securely preserved in sealed paclv- ages, marked in such manner as to show the pur- pose for wliicli their contents are to be used. Electors removing from one residence to another in tlie same primary precinct sliall not thereby lose the right to vote, but at the time of voting the change of residence may be interlined on the reg- ister. Sec. 22. Any person who, at any primary elec- tion, shall vote illegally, or attempt so to vote, sliall be sub.iect to the same punishment provided by law in case of such voting or attempting to vote at a general election in this state. No per- son sliall be allowed to vote whose name does not appear upon the great or precinct register of the count.v, or city and county, used at the last gen- eral election held before such primary election in the precinct in which lie desires to vote, as a per- son entitled to vote in such ])reeinct. or unless his name appears upon the supplements to such great or precinct registers. If the election officers at such primar.v election sliall knowingly permit any person to vote after being challenged^ who shows, by his examination, that he is not entitled to vote, they shall be guilt.v of a felony, and upon convic- tion thereof be imprisoned in state prison not less than one nor more than five years. Sec. 23. Whenever an elector, since the last general election has removed from one precinct to another, Avithin the county, or city and county, or to another county in the state, such elector so removing shall have the right to apply to, and receive from the county clerk or reg'istrar of Appendix. 1003 voters a transfer of his registration. No certificate of transfer witliin tlie county, or city and county, shall be given the elector, but the county clerli or registrar of voters shall cause the name to be canceled off the precinct register from which the elector has removed, and shall thereupon cause such name to be written in upon the precinct register to which he has so removed, and which precinct register is to be furnished by the county clerk or registrar, to the precinct or other election boards. Any native-born citizen who, since the last general election, has become of legal age, or any person who has become naturalized since the last general election, shall be entitled to vote at any primary election; providing, he has made ap- plication to have his name placed upon the pre- cinct register of the county' in which he resides and of which he has been a legal resident for thir- ty days prior to any primary election. See. 24. Tlie primary elections for all political parties or organizations witliin the state shall be held at the same time, and at the same several respective places, under the provisions of this act. Each political party or organization may deter- mine for himself liow many conventions it will hold for nominating its various candidates; pro- vided, all candidates wliich are to be elected with- in a given territory must be nominated in the same convention. Delegates to a state conven- tion may, at the option of a party, divide them- selves into di.strict conventions to nominate mem- bers of congress, of the board of equalization, and railroad commissioners, respectively, or any party may, at its option, select separate delegates to compose any or all such district conventions. Tlie delegates to a city, county, or city and county convention must nominate all the candidates which it desires to name for city, county, or city and county offices, in such city, county, or city and county, and any party may, at its option, nomiuato candidates for state senator, or assem- blyman, or supervisors, or justices of the peace, or constable, or other local officers, who are to be voted for in such city, county, or city and coun- ty; or any part of such city, county, or city and county; or any party may, at its option, select sep- arate delegates to compose any senatorial, assem- bly, or other local convention. Where any as- 1004 Appendix. seinbly or senatorial district is composed of more than one county, any political party may select separate delegates to a separate convention, to nominate such assemblyman or senator, or it may, at its option, in any county convention select joint delegates to meet joint delegates from any other part of such senatorial or assembly district to compose a convention to nominate such assembly- man or state senator. Sec. 25. Any person or combination of persons desiring to circulate a ticket to be used at a pri- juary election for delegates sought to be elected to any convention or conventions of any political party, shall print and furnish the same at their own expense, and shall cause to be printed or written upon such ballots to be used at such pri- mary election, and upon paper of the color or combination of colors designated by the board of election commissioners as the distinctive color or combination of colors to be used by such political party as provided for in section fifteen hereof, the names of such persons as are suggested as nom- inees for delegates to anj' convention or conven- tions, and may upon such ticlvet cause to be print- ed or written different sets of nominees as dele- gates to different conventions; provided, that as to each separate set of delegates so printed or written upon such ballots, it shall be indicated and plainly designated the convention to which the delegates named in such set are sought to be elect- ed, and each set of delegates must be separated distinctly from every other set of delegates named on such ballot, and such ballot or ballots snail also contain a statement of the number of delegates to be voted for for each convention for which candi- dates are named on such ticlvet. Such tickets must be so written or printed that there shall plainly appear thereon: 1. The name of the political party for the con- vention of whicli sucli candidates are suggested, selected, or named. 2. The convention or conventions for which delegates are suggested, selected, or named on said ticket. 3. The names which are suggested, selected, or named on said tickets as nominees for such del- egates. Appendix. 1005 4. The number of delegates to be selected for each convention. The names of each proposed delegate in each set shall be numbered consecutively, and opposite each set of delegates shall be expressed the num- ber to be voted for in such set. If there is any del- egate, written or printed, for whom any voter does not desire to vote, or if tliere be more names in any set than are to be selected to a convention, the voter may erase any name by drawing a line through such name with inlv, and not otherwise. If any set of delegates contain more names, not erased, than is allowed by law, as delegates to the convention for which such set is named, such ticl<;et cannot be counted as to such set, but must be cou'ited as to any other set cori-ectly voted for. Sec. 26. Where, under the "law an election is to be held for the officers of any incorporated city, or for any part of the state, or for any political subdivision of the state less than the wliole, then, as to such city or political subdivision of the state the pixjvisions of this act shall lilvcwise apply, but the petition pi'ovidetl for in sections two and three of tliis act may be made by the political parties or organizations of electors within such cities or political subdivisions of tlie state, and within eaeli county, or parts thereof, included in any political subdivision of the state. Sec. 27. At a general primary election held for the purpose of electing delegates to a convention other than a state convention, there shall be elect- ed not loss than one delegate for each party con- vention for each two hundred votes, and each fraction of one hundred or more, cast in such pre- cinct at the last general election; provided, that no convention shall l)e illegal for lacl? of the elec- tion of a delegate or delegates in any precinct. In selecting delegates for any convention, each po- litical party or organization shall determine how many delegates It will choose from each city, county, or city and county in the state, and name the number in their petition, and the persons re- ceiving the highest vote for each party shall be determined by canvassing the vote in the various precincts, as provided in section nineteen of this act. The respective political parties or organiza- tions in the different cities, counties, or cities and 10U6 Appendix. counties may apportion to wards, precincts, or as- sembly districts tlie number of delegates to be by tliem elected. Sec. 28. At any time in any city, county, city and county, or township, or in any assembly dis- trict or political division within this state, or any precinct therein, at which a primary election is held for the election of delegates to a convention, any voter entitled to vote at such primary elec- tion may be, except as herein otherwise provided, a candidate for election as a delegate to any pri- mary convention to represent the precinct or dis- trict in which he is a voter. Sec. 29. As soon as the returns are received by the county clerk, he shall canvass the same, and. when it requires the votes of more than one pre- cinct to elect delegates, issue a certificate of elec- tion for tlie different conventions, to the different persons receiving a plurality of the party votes cast for such delegates as shown by the returns. Sec. 30. It shall be the duty of the board of su- pervisors of each county, and city and county, within the state of California to appropriate from the general funds of the county a sufficient sum of money to pay all necessary expenses of holding any sucli primary elections Avithin such county; and it shall be the duty of the auditor of each county, or city and county, within the state of California to draw upon such appropriated funds his several warrants for the payment of all ex- penses of such primary election as the same shall be certified to him by the county clerk; such ex- penses shall consist only of the payment for the box in which to l^eep the names selected, for poll- ing places, for printing, for advertising, for sta- tionery, ballot-boxes, and postage stamps, and tally sheets. Sec. 31. If inanycity,county, or city and county there shall not be by law any board of election commissioners, then all duties enjoined herein up- on the board of election commissioners shall be enjoined upon and performed by the common coun- cil or trustees of a city, or the board of super- visors of a county; and all duties enjoined upon the clerk of a board of election commissioners, wliere there is no such board in any city or county, are enjoined upon, and shall be performed Appendix. 1007 by, the clerk of a city, or by a county cleric, as the ease may be, as fully and with equal force and effect as if specifically set forth in this act. Sec. 32. Any act denounced as an offense by the general laws concerning elections of this state shall also be an offense in all primary elections, and in all matters relating thereto, antecedent or subsequent, and shall be punished in the same form and witli lil^e penalties as is prescribed for the punishment of similar offenses against the general election laws; and all provisions and pen- alties provided by law shall apply in all cases con- nected with primary elections with equal force, and shall be as elfeetive as if specifically set out in this act. Any violations of the provisions of this act shall, except as herein otherwise provided, be a misde- meanor and punishable as sur-Ii. Sec. 33. No candidate shall be placed upon any official ballot to be voted for at any election nomi- nated by a convention of any political party or or- ganization unless within ten days after the mail- ing of such nomination of such political party or organization he shall file an affidavit setting forth tliat such candidate has not directly or indirectly expended, nor has any person on his behalf, or with his Icnowledge expended, any sum of money for the purpose of securing such nomination, Avherher before, during, or after such primary election, on account of or in respect to the con- duct and management of such primary election: If the term of the office for which the person is a candidate be for one year or less, five per cent, of the amount of one year's salary of the office. If fhe term be for more than one year and not more than two years, ten per cent, of the amount of one year's salary of the office. If the term be for more than two years and not more than three years, fifteen per cent, of the amount of one year's salary of the office. If the term be for more than three years and not more than four years, twenty per cent, of the amount of one year's salary of 1lie office. If the term be for more than four yeai's, ten per cent, of the amount of one year's salary of tlie office. If the office be one for which, in lieu of salary, there is allowed per diem for a statutory period, or for tlie number 1008 Appendix. of days actually engaged in the performance of public duties, twenty-five per cent, of the amount to accrue for the statutory period. If the office be one for which, in lieu of salary, a yearly sum is allowed the officer for all the expenses of his office, the expenditures of the candidate for such office shall not exceed the amount of ten per cent, of the allowance for such office for one year, but in no event shall such expenditure exceed the sum of five hundred dollars. If the office be one for which no salary or compensation is allowed ex- cept fees, or a salary not exceeding nine hundred dollars per annum and fees, the expenditures of the candidate for such office shall not exceed the amount of one hundred and fifty dollars. If the office be one for which no salary or compensation is allowed, or for which a per diem is allowed for the days actually employed in the performance of a public duty, the expenditm'es of the candidate for such office shall not exceed one hundred dol- lars. If the candidate is also at the same time a candidate for an unexpired term, he shall not pay or expend any sum on account of such unexpired term, but the maximum amount to be expended by such candidate shall be as hereinabove pro- vided. Sec. 34. Such candidate shall file, as hereinaf- ter provided, an itemized statement showing in detail all moneys paid, loaned, contributed, or otherwise furnished to him, or for his use, di- rectly or indirectly in aid of his nomination, and all moneys contributed, loaned, or expended, di- rectly or indirectly by himself, or through any other person in aid of his nomination. That the term nomination as herein employed is defined to mean all efforts, directly or indirectly, on the part of the candidate to present his nomination before the electoi's, to secure co-operation and support by voters in his behalf, and to further the interests and election of delegates at any primary election. Such statement shall give the names of various persons who paid, contributed, or expended such moneys in aid of the primary election in his be- half, or in aid of his nomination, and the names of the various persons to whom such moneys were contributed, loaned, or paid, the specific nature of each item, the service performed, and by whom performed, and the purpose for which Appendix. 1009 the luoueys were expended, contributed, or loaned. No sum of money sliall be paid, and no expenses sliall be incurred by or on behalf of the candi- date at any primary election, or for any period of time within six months prior thereto, held within this state, at which he is a candidate, whether be- fore, during, or after such primary election on ac- count of, or in respect to the conduct or manage- ment of such primary election, except for the ex- peiises of holding and conducting public meetings for the discussion of public questions, and of printing and circulating primary election ballots, handbills, cards, and other papers previous to such primary election, and all advertising and all postage, expressage, telegraphing and telephon- ing, and of supervising the registration of voters, and watching the polling or counting of votes cast at such election, and all salaries of persons em- ployed in transacting business at office or head- quarters, and necessary expenses of maintaining the same, and for rent of rooms necessary for the transaction of the business of the candidate, and for necessary incidental expenses. There shall be attached to the statement herein provided for, an affidavit subscribed and sworn to by such candi- date, which m.ust be substantially in the follow- ing form: State of California, ] „ County of , ) ^^■ I (name), having been a candidate for the office of at the primary election held in the (nam- ing city, county, city and county, or other divis- ion), of the state of California, on the day of , 18—, do solemnly swear that I have paid for my expenses at said primary election, and for all purposes of furthering my candidacy, directly or indirectly, within six months prior thereto, the Sum of $ , and no more, and that except as aforesaid, T have not, nor to the best of my knowledge and belief has any person, club, so- ciety, or association on my behalf, directly or in- directly, made any payment, or given promises, or offered any reward, office, employment, or valu- able consideration, or incuri-ed any liability on account of, or in respect to the conduct or "man- agement of the said election, and that I have not, Pol. Code— 85. 1010 Appendix. directly or indirectly, promised any office or re- ward for any support of my candidacy prior or subsequent to said primary election. And I fur- ther solemnly swear that, except as aforesaid, no money, security, or eqiiivalent for money, has, to my knowledge or belief, been paid, advanced, given, or deposited by any one, to or in the hands of myself or any other person, for the purpose of defraying any expenses incurred on my behalf, or in aid of said primary election, or of my nomi- nation, or on acc-ount of, or in respect to the con- duct or management of the said primary election. And I further solemnly swear that I will not at any future time malie or be a party to the malt- ing, or giving of any payment, reward, office, em- ployment, or valuable consideration for the pur- pose of defraying any such expenses as last men- tioned, or pi'ovide, or be a party to the providing, of any money, security, or equivalent for money, for the i)urpose of defraying any such expenses. If the candidate seelvS to avoid the responsi- bility of any illegal payment made by any other person in his belialf, he shall set out such illegal payment and disclaim responsibility therefor. Candidates for office to be filled by the electors of the state, or of any political division thereof greater than a county, and for members of the senate and assembly, representatives in Congress, or for members of the state board of equalization, or state boai'd of railroad commissioners, shall file their statements in the office of the secretary of state. Candidates for all other offices shall file their statements in the office of the clerk of the county where the primary election and conven- tion is held, and within which the duties of the oflice for which the candidate is nominated are to be exercised. Vouchers must be filed for all expenditures except in case of sums under five dollars. Sec. 35. Any candidate nominated for any pub- lic office who shall refuse or neglect to file for at least ten days such statement shall not be placed tipon any ballot, but the judge of the superior court of the county wherein such statement is filed, or is reqiiired to be filed, may, on the appli- cation of a candidate or a creditor thereof, allow any claim, not in excess of the maximum amount Appendix. 1011 allowed by this act, to be presented and paid af- ter the time limited by this act; and a statement of any snm so paid, with a certificate of its allow- ance, shall forthwith, after payment, be filed by the candidate in the same office as the original statement of the candidate. If the candidate, upon such application, shall show to the satisfac- tion of said court that there is any error or false recital in such statement or affidavit, or that the failure to make such statement or affidavit, or to present, within the designated time, a claim, otherwise just and proper, has been occasioned by the absence or illness of such candidate, or by the misconduct of any person other than such applicant, or by inadvertence or ex- cusable neglect or for any reasonable cause of a lilie manner, and not by reason of any want of good faith on the part of the ap- plicant, the court may, after such notice of the application as the court shall require, and on the production of such evidence of the facts stated in the application as shall be satisfactory to such court, by order, allow such statement and affi- davit to be filed, or such error or false recital therein to he corrected, or sxicli claims to be paid, as to the court seems just; and sucli order shall relieve the applicant from any liability or conse- quences under this act in respect of the matters excused by tlie order. If the application is made by a creditor, the court may, under like condi- tions, and upon a like showing, order the claim to be paid, and the creditor shall also be entitled to his costs. Tlie claims of one or more creditors may be united in such application, but tlie amount and specific nature of each claim must be fully stated. Sec. .36. No candidate of any political party or organization can have his name printed upon any ballot, to be voted for as a candidate for public office at any election in this state, unless he shall have been nominated by a convention composed of delegates chosen as provided by this act; pro- vided, however, that nothing in this act shall pre- vent any candidate from being nominated as pro- vided in section eleven hundred and eighty-eight of the Political Code; but such nominees can have no other designation on the ballot than the word "Independent"'; and provided further, that no 1012 Appendix. more than one candidate shall be nominated by one petition. Sec. 37. No ticket or ballot must, on the day of a primary election, be given or delivered to or received by any person except the inspector, or a judge acting as inspector, within one hundred feet of the polling place. No person must, on the day of election, hold any ticket or unfold any bal- lot which he intends to use in voting, within one hundred feet of the polling place; exhibit to any other in any manner, by which the contents thereof may become known, any ticket or ballot which he intends to use in voting. No person must, on the day of election, within one hundred feet of the polling place, exhibit to another in any manner by which the contents thereof may be- come known, any ticket or ballot which he in- tends to use in voting. No person must, on the day of election, within one hundred feet of the polling place, solicit the support or vote of any other person, nor request another person to ex- hibit or disclose the contents of any ticket or bal- lot which such other persons intend to use in vot- ing. If at any precinct or polling place there shall be a line of persons desiring to vote, no person shall remain in such line after he has voted, or after an opportunity has been had for him to so vote, nor shall such line be in any manner delayed or hindered. Sec. 38. No polling place shall be held in any saloon where malt, vinous, or spirituous liquors are sold, or in any room leading from, or in any manner connected with such saloon. Sec. 39. Immediately upon making out the credentials of any delegates elected under this law, the clerlv shall mail to the secretary of each political party or organization which participated in the primary, a complete list of all delegates to whom credentials shall have been given, either by himself or by the various precinct officers as herein provided, and said clerk must, in a proper book to be kept by him. record the names of all delegates elected, with the vote received by each, specifying those to whom credentials have been given, stating when and where such credentials were issued, and whether issued by himself or by the various precinct officers as aforesaid, and if any Appendix. 1013 delegate entitled to credentials shall not have re- ceived his credentials, or have lost the same, said clerk must, upon request, issue a new credential to such delegate, which must be stamped "Du- plicate." Sec. 40. When, at any time after the passage of this act, there is in any county, or city and county in this state, a duly qualified and acting- registrar of voters, then, during the period that there shall be such a duly qualified and acting registrar of voters, all the duties herein imposed and acts required to be done by the county clerk of such county, or city and county, are hereby im- posed and required to be done by such registrar of voters, in the place and stead of such county clerk. Sec. 41. Within thirty da^s after the passage of tliis act the secretary ot state shall cause twenty thousand copies of this act to be printed in pamphlet form for free distribution. Sec. 42. All acts and parts of acts inconsistent with this act are hereby repealed. Sec. 43. This act shall take effect immediately. An act providing for a general primary election in counties of certain classes within the State of California, and to promote the purity thereof by regulating the conduct thereof, and to sup- port the ju'ivileges of free suffrage thereat, by prohibiting certain acts and practices in rela- tion thereto, and providing for the punish- ment thereof. I Stat, approved March 27. 1895; Stats. 189.5, chap, clxxxi.] This was the former act relating to primary elections, which was held unconstitutional. An act to prohibit '"piece clubs," and to prevent extortion from candidates for office. [Approved March 14, 1ST8; Statutes 1877-8, p. 180.] This act is contained in tlie appendix to the Penal Code. 1014 Appendix. An act to prevent the circulation of bogus elec- tion ticlvets, and to prevent frauds upon voters. [Approved March 7. 1878; 1877-8, 180.] This act is probably no longer in effect since the adoption of the Australian ballot law. FIRE DEPARTMENT. An act to allow unincorporated towns and vil- lages to equip and maintain a fire department, and to assess and collect taxes, from time to time, for such purpose, and to create a board of fire commissioners. [Approved INIarch 4, 1881; Stats. 1881, 26.] Fire department. Section 1. Any unincorporated town or village of this state may equip and maintain a fire de- partment for the purpose of protecting property from destruction by fire. Fire commissioners, how appointed. Sec. 2. Upon tlie application, by petition, of fifty or more tax-paytrs and residents of said town or village to the boaid of supervisors of the county in which said town or village is situated, the said board of supervisors shall appoint three commis- sioners, to be known as and called a board of fire commissioners of the town or village for which they are appointed, who shall hold their oflice un- til the second Monday in April next thereafter, and until their successors are elected and qual- ified. Duty of commissioners. Sec. 3. The board of fire commissioners so ap- pointed by said board of supervisors, and their successors, shall be authorized and empowered, and it shall be their duty: 1. To fix and establish the fire limits of said town or village, and shall accurately describe the same, in writing, by metes and bounds, and file a copy thereof, subscribed by them, in the oflice of the county recorder of the county in which said town or village is situated; 2. To make all contracts with water companies for a supply of water, and attaching hydrants or Appendix, 1015 fire-plugs to the pipes, or conduits, or cisterns of sucli water company; to malie contracts for and to purcliase the engines, hose, hose carts or car- riages, and other appliances for the full equip- ment of a flre-company or department; 3. To call an election and submit to the elec- tors residing within the fire limits fixed by them the question whether a tax shall be levied and raised for the purpose of establishing and main- taining a fire department for the said town or village, and for protecting the same from loss by fire; 4. To appoint judges, not less than three, and other officers, to conduct such election, and to is- sue certificates of election; 5. To do and perform such other acts and things as may be proper and necessary to carry out the full intent and meaning of this act. Election. Sec. 4. Said election must be called by posting notices in three of the most public places in said town or village, for not less than ten days, and also, if there is a newspaper printed and pub- lished in the town or village, by advertising such notice therein at least two regular issues of the liaper. Notice of election, what to contain. Sec. 5. Such notice must specify the time and place of holding the election, and the amount re- quired for each specific purpose, and the amount of money to be I'aised shall not exceed, in any one year, one per cent of the assessable propei-ty within the fire limits as fixed by the board of fire commissioners; provided, that after the first year the amount so raised shall not exceed one-half of one per cent. Appointment of officers of election. Sec. (>. The board of fire commissioners must appoint three judges and two clerks to conduct the election, and it must be held in all respects as nearly as practicable in conformity with the general election law; provided, that no new regis- ter shall be required, nor legal l)allot paper; and provided further, that the polls may be opened at eight o'clock A. M. and close at five. o'clock P. M. on the day appointed for such election. 1016 Appendix, Form of ballot. Sec. 7. At such election the ballots must con- tain the AYords "tax— yes," or "tax— no," and also the name of one person as assessor and one as collector. The same person may be elected to both offices. The compensation for assessing and collecting the tax shall be fixed by the board of fire commissioners, but shall not exceed one hun- dred and fifty dollars. Election returns, how and when made. Sec. 8. The judges of election shall, within twenty-four hours after holding said election, make returns and certify said votes, and the names of the person or persons voted for, to the said board of fire commissioners, and within five days after the returns have been received by the board of fire commissioners they shall count the votes, determine who has been elected, and forth- with issue certificates of election to the persons elected for assessor and collector. Duty of assessors. Sec. 0. The assessor, on receiving his certificate of election, must forthwith assess, in the manner provided by law, all the taxable property within the fire limits fixed by said board, and within tliir- ty days return his roll, footed up, to the cleric of the board of supervisors. The said board of su- pervisors, upon receiving the roll, must deduct fifteen per cent therefrom for anticipated delin- quencies, and then, by dividing the sum voted, to- gether with the estimated cost of assessing and collecting added thereto, by the remainder of the roll, ascertain the rate per cent required; and the rate so ascertained, using the full cent on each hundred dollars in place of any fraction, is here- by levied and assessed to, on, or against the per- sons or property named or described in the roll, and is a lien on all such property until the tax is paid; and the tax, if not paid within the time hereinafter provided, shall be delinquent; and im- mediately after such delinquency the collector shall proceed to collect the same in the mode and manner provided by law for the collection by county tax collector of delinquent state and coun- ty taxes. Duty of clerk. Sec. 10. The clerk of the board of supervisors. Appendix. 1017 upon receiving the assessment roll from the as- sessor, must give five days' notice thereof by post- ing a notice in three public places in the said town or village, and the board of supervisors must at the expiration of said time sit for at least three days as a board of equalization, at such time and place as has been named in such posted notice; and they have the same power as county boards of equalization to make any changes in the assessment roll. Tax roll to be placed in hands of collector. Sec. 11. As soon as the rate of taxation has been determined, as provided in the preceding sections, the said board of supervisors must place the tax list or roll in the hands of the collector, who shall then give notice, by publication in some newspaper published within the said town or vil- lage, that the said tax is now due and payable in his office, and unless paid within thirty days will be delinquent. He must proceed at once to collect the tax, and within thirty days retiu'n the tax-list to the board witli tlie word "paid" marked oppo- site the name of eacli person or description of property, from whom or on which he has received the tax; and he must also, at the same time, file with the said board of fire commissioners thex county treasurer's receipt for all the moneys by him collected; and the property on the roll not by the collector marked "paid" is delinquent. Moneys, how kept. Sec. 12. All moneys arising from the tax herein authorized to be levied and collected shall be liept by the treasurer of the county in which said town or village is situated, subject only to the or- der of said board of fire commissioners. No compensation to treasurer. Sec. 1.3. The treasurer shall receive no compen- sation for the receipt and disbursement of moneys derived under .the provisions of this act. Bond of collector. See. 14. The collector must execute an official bond in an amount to be fixed by the board of fire commissioners. Powers of board. Sec. 1.5. The board of fire commissioners are hereby directed and empowered to make all nee- 1018 Appendix. essary arrangements for the purchase of rights ol making connections with the pipes of water com- panies for fire-plugs or hydrants, in such part ot the town or village as they shall deem best foil the common interest, and also for purchasing fire- hose and carriages, subject, however, to the pro- visions hereinbefore contained. Same. Sec. 16. They shall procure all necessary books and blanks for the purpose of keeping a correct record of their proceedings; and they shall keep a record of all their acts, of all moneys received and disbursed by them, which .said books shall be open to public inspection at all times. Auditing demands. Sec. 17. All accounts, bills, and demands against the fire department shall be audited, al- lowed, and paid by the board of fire commission- ers by warrants drawn on the county treasurer and the county treasurer shall pay the same in the order in which they are presented. Levying additional tax. Sec. is. The board of fire commissioners shall, from time to time, and in like manner, submit to a vote of the electors of said town or village the ■ propriety of levying and raising an additional tax for the keeping in repair the apparatus of said fire department, and maintaining the same in good or- der and condition. Who to receive compensation. Sec. 19. No oflficer or oflicers created by this act, except the assessor and tax collector, shall re- ceive any compensation for his or their services. Vacancies, how filled. Sec. 20. That in case of a vacancy of any or all of the members of the board of fire commission- ers, or in the ofiice of assessor or tax collector, after election had, by death, resignation, or other- wise, such vacancy shall be filled by appointment by the board of supervisors of the county in which said vacancy may happen. Refusal to levy tax defers election. Sec. 21. That in case an election be had under the provisions of this bill, and the electors, by vote, shall decline to equip and maintain a fire Appendix. 1019 department, and refuse to levy and collect a tax for that purpose, no other election shall be called or held under this act within one year next there- after. Election. Avhen held. Sec. 22. An election shall be held annually, on the first Monday of April, for the election of three lire commissioners, who shall talvc their office on the next succeeding Monday in the same month; and it shall be the duty of the board of fire com- missioners to give notice of such elections by posting notices thereof in three public places in the town, for at least two Aveeks before the day of election. They shall also appoint the judges of election. To tui-n over property to successors. Sec. 23. Each board of fire commissioners shall, at the expiration of their term' of office, turn over to their successors all the boolvs and documents belonging to the office of fire commissioners, talk- ing tlieir receipt for the same. Act to be liberally construed. Sec. 24. No assessment or act relating to assess- ment or collection of taxes, or elections lield un- der tlie provisions of this act, shall be illegal, void, or voidable on account of any error, omission, or informality, or failure to comply strictly Avith the provisions of this act, nor on account of any mis- nomer; but the same shall be liberally construed with a view to hold valid all acts done under this act. Commissioners, what may regulate. Sec. 2^). The said board of fire commissioners may regulate the construction of, and order the suspension, discontinuance, removal, repair, or cleaning of, fire-places, cliimneys, stoves and stove-pipes, flues, ovens, boilers, kettles, forges, or any apparatus used in any building, manufac- tory, or business Avhich may be dangerous in caus- ing or promoting fires, and prescribe limits with- in Avliich no dangerous nor obnoxious and offen- sive business may be carried on. May adopt ordinances. Sec. 26. They may adopt such ordinance, with- in the purvieAv of the preceding section, as they may deem proper to prevent fires and conflagra- 1020 Appendix. tions, aud for the protection of property at and during the pendency of any fire, and for that pur- pose may provide tliat at and during the pend- ency of any fire the officers of the fire company or companies present shall be vested with police powers. Sucli ordinance shall be signed by the said fii'e commissioners, and published in a news- paper printed in said town or village, or posted in three of the most public places thereof, for the period of two weelvs, at the end of which time it shall be and become a law for the government of the inhabitants of said town or village. Misdemeanor. Sec. 27. Any person who shall violate any of the provisions of said ordinance shall be guilty of a misdemeanor. Jurisdiction of justice of the peace. Sec. 28. Any justice of the peace within the townships within Avhich said town or village is situated shall have jurisdiction of all prosecutions under this act, and sections fourteen hundred and twenty-six to fourteen hundred and forty-nine, both inclusive. Title IX, Chapter I, of the Penal Code, are hereby made applicable to proceedings under tliis act. Sec. 20. All acts or parts of acts, so far as they do conflict with the provisions hereof, are hereby repealed. Sec. 30. This act shall take effect and be in force from and after its passage. An act authorizing and requiring boards or com- missions having the management and control of paid fire departments, to grant the mem- bers thereof yearly vacations. rStat. approved March 26. 1895; Stats. 1895, chap. Ixxxiv.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. In every city, or city and county, of this state, where tliere is a regularly organized paid fire department, the board of supervisors, common council, commissions, or other body hav- ing the management and control of the sarne. are authorized and required, once in every year, to Appendix. 1021 provide for granting each member ttiereof a leave of absence from active duty for a period of not less than ten nor more than fifteen days. Leaves of absence so granted must be arranged by said board or commission so as not to interfere with or in any way impair the etficiency of the depart- ment; and leaves of absence granted in cases of sickness, or in consequence of injuries received while in tlie discharge of duty, shall not be con- strued to be or become a part of the leave of ab- sence provided for by this act. No deduction must be made from the pay of any member of such fire department granted a leave of absence under the provisions of this act. Sec. 2. This act shall take effect immediately. An act to authorize the board of supervisors or other governing authority of the several coun- ties, cities and counties, cities, and towns of the state to provide pensions or benefits for the relief of aged, infirm, or disabled firemen. [Approved March 11, 1889; 1889, 108.] Fund for disabled firemen. Section 1. The board of supervisors or other governing authority of the several counties, cities and counties, cities, and towns of the state in which fire departments exist, may, by appropriate ordinances, provide a fund, by general tax upon tlie property of the county, city and county, city, or town, for the relief of aged, infirm, or disabled firemen; provided, that sncli disability sliall be caused by injuries received in the actual perform- ance of duty, or disability caused by exposure while in the discharge of such duty. Who entitled to benefits. Sec. 2. No pei'son shall be entitled to any ben- efit from any fund created by authority of this act unless he shall have served in the fire depart- ment of such county, city and county, city, or town at least fifteen years, and no such benefit shall exceed one-half of the salary provided by law at the time sucli disability occurred; pro- vided, that any person injured in the actual dis- rliarge of fire duty shall be entitled to the Ixneflt of this act regardless of his length of ser- Pol. Code— 86. 1022 Appendix. vice in the fire department of any such county, city and county, city, or town. Sec. 3. This act shall take effect from and after its passage. .. .^^ An act 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 exempt fire- men. [Stat, approved March 26, 1895; Stats. 1895, chap, cxv.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. The mayor, the chairman of the board of supervisors, or other governing authority of any city and county, city, or county, or town of this state in which an incorporated exempt fire company exists, is authorized, empowered, and re- quired, within tliirty days after this act takes ef- fect, or as soon thereafter as practicable, and as often as shall be necessary, to appoint five citi- zens, wlio are exempt firemen, who shall consti- tute the boai'd of trustees of the exempt firemen's relief fund, to provide for the disbursement of said fund, and to ascertain and determine the ben- eficiai'ies thereof, as hereinafter directed. Each trustee shall hold office for the term of four years from his appointment, and until the appointment and qualification of his successor. All vacancies from whatever cause shall be filled by the officer making the appointment. Each trustee shall qual- ify by talving the constitutional oath of office. Sec. 2. They shall organize as such board by choosing one of their number as president and one of tlieir number as secretary. The office of trus- tee, and of president and secretary of said board, is honorary, and they shall receive no salary or compensation therefor. A majority of members of said Ijoard shall constitute a quorum and have po-R'er to transact business. The treasurer of the county, city and county, city, or town shall be the ex officio treasurer of said fund, without extra salary or compensation therefor. Such board shall have charge of and administer said fund. Appendix. 1023 and order payments therefrom, in pursuance of the provisions of this act. They shall report to the board of supervisors or other governing au- thority of tlie county, city and county, city, or town, when and as often as required, the condi- tion of said fund, and the receipts and disburse- ments on account of the same, and such other in- formation as may be demanded. The board shall keep a record and full minutes of their acts and proceedings. Sec. 3. The board of trustees of the exempt fire- men's relief fund shall enroll every exempt fire- man who has received, or may hereafter receive, a certificate under the laws of this state that he is an exempt fireman, and who is a resident of the county, city and county, city, or town, and who desires to avail himself of the benefits of this act, and to render the services he'rein mentioned. Such enrolled exempt firemen may, in cases of great public emergency, be assigned to and shall per- form such duty as firemen, imder the direction and control of the chief, or any of his assistants, of the fire department, as may be from time to time pre- scribed by ordinance of such board of supervisors oi- such other governing authority; and said en- rolled exempt firemen shall be formed into one or more companies, and in such manner as such board of supervisors or such other governing au- thority may from time to time ordain; and such persons shall render all such services without sal- ary or compensation, but may receive relief as provided lierein. Sec. 4. The board of supervisors or other gov- erning authority of any county, city and county, city, or town, in which such incorporated exempt fire company exists, shall, for the purposes of said fund, annually set apart from the general fund in the treasury of the county, city and county, city, or town, or from any otlier fund therein, which is not devoted exclusively to some otlier purpose, and direct the payment annually into said fund of a sum of money not exceeding twelve thousand dollars; and in case a sum less than twelve thou- sand dollars should in any Instance be directed to be paid into said fund, said board or other gov- erning body may from time to time so set apart and direct the payment into said fund of sums of money; provided, the aggregate of sums paid into 1024 Appeudix. said fund shall not exceed twelve thousand dol- lars a year. Moneys so set apart cannot be di- verted thereafter from said fund by the board of supervisors or other governing authority. Sec. 5. Said exempt firemen's relief fund shall be applied to the relief of such enrolled exempt firemen who, after their enrollment as herein pro- vided, shall become disabled from injury, sicli- uess, or the infirmities of age to earn a livelihood, and said board shall grant relief from time to time to such enrolled member during the disability as it deems just. The decision or judgment of said board as to tlie fact of ability or disaiiility, or its duration, or the amount of relief at any time to be granted, shall be liinding and final as against the claimant of relief. Said fund shall be used for such purposes, and to pay the necessary ex- penses of stationery for said board, and for no oth- er purpose. The relief granted shall not exceed twenty-five dollars per month to each enrolled member so disabled. Sec. 6. Such board of trustees is authorized to allow and issue orders or warrants, signed by the president and secretary, for payment of moneys out of said exempt firemen's relief fund, for any of the purposes herein stated: and the auditing officer of the county, city and county, city, or town is authorized and required to audit, and the treasurer thereof to pay out of said fund, any and all orders or warrants so allowed and issued by said board; provided that the aggregate of said orders sliall not exceed the sum of twelve thou- sand dollars per annum. Sec. 7. This act shall take effect and be in force from and after its passage. An act to require the payment of certain pre- miums to counties, and cities and counties, by fire insurance companies not organized under the laws of the state of California, but doing business therein, and providing for the dispo- sition of such premiums. [Approved March 3, 1885: Stats. 1885, p. 13.] Foreign insurance companies to pay premium to counties. Section 1. There shall be paid to the county Appendix. 1020 treasurer of every county, or city and county, in tills state, for tlie use and benefit of tlie firemen's relief fund of such county, or city and county, on the first Monday of December in each year, by every person who shall act as agent for or on be- half of any corporation or company not incorpo- rated by or under the laws of this state, but car- rying on the business of insurance against loss or injury by fire upon property in this state, a sum equal to one per centum upon the amount of all premiums which, during the year, or part of a year, ending on the last preceding first Monday of September, shall have been received by such agent or person, or any other person or agent act- ing during such period for said corporation or company, so engaged in said business, or shall have been agreed to be paid to such coti>oration or company, or his or their agents, for any insur- arrce effected, or agreed to be effected, by such corporation or company, against loss or injury by fire upon property situate within the limits of such county, or city and county. Firemen's relief fund. Sec. 2. The tax provided for by this act, when paid or collected by the person or officer entitled thereto, shall constitute a fund to be known and designated as "the firemen's relief fund" of the county, or city and county, in which the pi'operty insured or agreed to be insured, is situated. Control. Sec. 3. Such fund shall be under the exclusive control of the fire commissioners, or other gov- erning body of the fire department or fire depart- ments of such county, or city and county, under such general regulations as the board of supervis- ors thereof may prescribe. Pension to disabled firemen. Sec. 4. The board of fire commissioners, or board of trustees, or other governing body of the respective fii'e departments or companies, on whom is devolved the care and control of the various re- lief funds iirovided for by this act, shall have the power, by a unanimous vote, to relieve from ser- vice, at fires, or retire from all service in the fire department or company, respectively under their 1026 Appendix. eontrol, any officer or member of said fire depart- ment or company, who may upon an examination by a medical officer, designated by such governing body, be found to be disqualified, physically or mentally, for the performance of his duties, and the said officer or member so retired from service shall receive from such relief fund an annual al- lowance, as pension, in case of the total disqualifi- cation for service, or as compensation for limited service, in case of partial disability; in every case said governing body to determine the circum- stances tliereof, and in case said officer or mem- ber shall theretofore have been paid any salary for the services rendered by him. said pension, or allowance, shall be in lieu of such salary, and the department or company to which he may be at- tached shall not be or be held liable for the pay- ment of any claim or demand for services there- after rendered by the individual so relieved or Re- tired from fire dutj' in said department or com- pany; and the amount of such pension or allow- ance shall be determined upon the following con- ditions: In case of total permanent disability caused or induced by the actual performance of his duties, or which may occur after ten years' actual and. continuous service in the said fire de- partment or company, the amount of annual pen- sion to be allowed shall be one-half of the annual compensation allowed such officer or member as salary at the date of his retirement from service, or such less sum in proportion to the number of persons in receipt of an allowance from said fund as its condition will warrant, the same to be de- termined by said governing body. In case of total permanent disability, not caused in or induced by the actual performance of the duties of his posi- tion, or which shall have occurred before the ex- piration of ten years' active and continuous service in said fire department or company, the amount of annual pension to be allowed shall be one- rhird of the annual compensation allowed such officer or niembei- as salary at the date of his re- tirement from service, or such less sum in propor- tion to the number of persons in receipt of an al- lowance from said fimd as its condition will war- rant, tlie same to be determined by said governing Appendix. 1027 body. In case of partial permanent disability- caused in or induced by the actual performance of tlie duties of bis position, or wbicb may occur after ten years' active and continuous service in such fire department or company, the ofiicer or member so disabled sliall be relieved from active service at fires, but shall remain a member of the department or company, subject to the rules gov- erning the same, and to the performance of such other duties as the medical officer, designated by said governing body, may certify him to be qual ified to perform; and the annual compensation to be paid such officer or member shall be one-half of the annual compensation allowed him as salary, at the date of his being so relieved, or such less sum in proportion to the number of persons in re- ceipt of an allowance from said fund as its con- dition will warrant, the same to be determined by said governing body. In case of partial permanent disability not caused in or induced by the actual performance of the duties of his position, or which mas' occur before ten years' active and con- tinuous service in said fire department or com- pany, the officer or member so disabled shall be re- lieved from active service at fires, but shall re- main a member of said department or company, subject to the rules governing the same, and to the performance of such duties as the medical officer designated by said governing body may certify him to be qualified to perform, and the an- nual allowance to be paid such officer or member shall not exceed one-third of the annual compen- sation allowed liim as salary, at the date of his being so relieved, or such less sum as the said gov- erning body may, in their discretion, determine, or as the condition of the fund will warrant. If any officer or member of said department or com- pany, or retired officer or member of said depart- ment or compan}% shall die while in the service of the same, or while so retired, and shall leave a widow, or if no widow, a child or children under the age of sixteen years, a sum not exceeding five hundred dollars, or sucli less sum as in the opin- ion of the governing body tlie circumstances may require, or "the condition of the fund warrant, by way of annuity, shall be paid to such widow, so long as she remains unmarried, or to such child 1028 Appendix. or c-hil(lren, so long as the youngest of said children continues under the age of sixteen years. In every such case, the said govern- ing body shall determine the circumstances thereof, and order payment of the annuity to be made in such proportion to the various representatives, in case there be more than one, as they may deem just; but nothing herein con- tained shall render any payment of said annuity obligatoi-y on said governing bodj', or chargeable as a matter of legal right, and such bodj- may at any time order said annuity to be reduced or to cease. No allowance or pension shall be given or made in any case where the disability or death is the result of any unlawful or immoral act or conduct on the part of the individual disabled or dying. Rules and regulations. Sec. 5. The respective governing bodies in this act referred to are hereby authorized and empow- ered to make such further and other riiles and regulations, not inconsistent with the provisions of this act, as they may deem requisite for the proper management and disposition of said relief fund. Sec. 6. This act shall talie effect immediately, but shall not be construed to affect any premiums heretofore collected or paid. Manner of bringing action to recover moneys due. Sec. 7. All actions hereafter commenced for the recovery of any moneys now due or payable, or Avhich may hereafter become due or payable, un- der the provisions of section one of this act ("An act to require the payment of certain premiums to counties and cities and counties b.v fii'e insur- ance -companies not organized under the laws of the state of California, but doing business therein, and providing for the disposition of such pre- miums"*), shall be brought and prosecuted in the name of the county or city and county wherein the same are or may be payable, and against such pei'son as shall have acted as agent for or on be- half of such corporation or company, and such corporation or companv. [New section approved March 4, 1887; Stats. 1887, p. 15. In effect imme- diately.] Appendix. 1029 An Act to exempt firemen in Nevada, Placer, El Dorado, Alameda, and Siskiyou counties from the payment of poll tax. [Approved March 27, 1874; Statutes 1873-4. p. 731.] An act to authorize the board of supervisors of Santa Clara county to exempt firemen from the payment of poll taxes for county purposes. [Approved March 30, 1874; 1873-4, 825.] An act to provide for increasinsj the efficiency of tire departments within municipalities of the first class in the state of California. [Stat, approved March 4, 1897; Stats. 1897, chap. Ixx.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. Whenever the public interest, safe- ty, or convenience may require, or it be deemed expedient, the city council of any municipality of the first class may, by ordinance, make and en- force such rules and regulations within said mu- nicipality as may be necessary or proper for in- creasing the efficiency of its fire department, and to that end, among other things, may provide for and authorize the appointment and continued em- ployment of such officers, engineers, members, firemen, employees, and other help in and for said fire department, in addition to those whose employment is now or may be hereafter authorized by law, as the needs of said department may re- quire; and may fix their salaries and compensa- tion, and may increase the salaries and compen- sation of the officers, engineers, members, firemen, employees, and other help now or hereafter au- thorized by law, whose salaries and compensation, as noAV or liereafter fixed, may be deemed inade- quate. And said city council may in like man- ner provide for the purchase and repair, and au- thorize to be purchased and kept in repair, in ad- dition to tliose for the purchase and repair of which provision is now or may be hereafter made by law, all additional engines, horses, hook and ladder wagons, and all such other engines, ma- chinery, implements, extinguishers, and other ap- 1030 Appendix. paratus that may be necessary, advantageous, or auxiliary to extinguish or afford adequate protec- tion against fire. And in order to provide the necessary funds with which to accomplish the foregoing ends, may make all necessary and sup- plementary appropriations, allowances, and pay- ments in addition to those now or hereafter au- thorized by law. See. 2. The ofiicers, engineers, members, fire- men, employees, and other help to be appointed as provided in section one of this act, shall be ap- pointed, governed, and controlled in the same manner and by the same laws as their fellow ofii- cers, engineers, members, firemen, employees, and other help whose appointment is now or may be hereafter authorized by law are appointed, gov- erned, and controlled. The engines, wagons, ma- chinery, implements, extinguishers, and other ap- paratus, the purchase and repair of which are au- thorized by section one of this act, shall be pur- chased and repaired in like manner and under the same regulations as like articles, the purchase and repair of which are now or may be hereafter au- thorized by law are purchased and repaired. Sec. 3. The term "City Council," as used in this act, is hereby declared to include any body or bodies, board or boards, which, under law, con- stitute the legislative department of any munici- pality of the first class. Sec. 4. This act shall take effect and be in force from and after its passage. An act relating to fire departments of municipal- ities of the first class, and fixing the salaries of officers thereof. [Stat, approved March 27, 1897; Stats. 1897, chap, cxxxii.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. In municipalities of the first class the following ofiicers of its fire department shall receive the following salaries per annum: Chief engineers, five thousand dollars. Assistant chief engineer, three thousand six hun- dred dollars. Secretary, or clerk, three thousand dollars. Appendix. 1031 Assistant engineers, two tliousand one hundred dollars each. Veterinary surgeons, one thousand eight hun- dred dollars. Said salaries shall be paid in the same manner as is now provided by law. Sec. 2. This act shall take effect immediately. An act similar to this was passed at the same session: Ch. 60, laws of 1897. FISH AND GAME WAEDEN AND COMMIS- SIONERS. An act to create the office of fish and game war- den, and to prescribe the powers, duties, and salary of such officer. [Stat, approved March 26, 1805; Stats. 1895, chap, clxv.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. The board of supervisors of each and every county in the state may, in its discretion, at their first meeting held in April, eighteen hundred and ninety-five, and at their first meeting held in January, "eighteen hundred and ninety-seven, and in .January every two years thereafter, appoint a suitable person to serve for the period of two years from the date of his appointment as fish and game warden of the county, which office is here- by created; provided, that the person so appoint- ed in April, eighteen hundred and ninety-five shall hold office only until January, eighteen hundred and ninety-seven, and until his successor is ap- pointed and qualifies. Sec. 2. Said fish and game warden shall en- force the state laws, and all county and municipal ordinances relating to the protection of fish and game, and he shall be vested with all the powers of a peace officer to make arrests for the violation of such laws and oi-dinances. Sec. 3. The salai'y of said fish and game war- den is liereby fixed, in accordance with the class- ification of counties, as follows: Sec. 4. For counties of the first, second, and third classes, one hundred dollars per month; for counties of the fourth, fifth, and sixth classes, 1032 Appendix. the sum of seveuty-tive dollars per month; for counties of the seventh, eighth, ninth, and tenth classes, the sum of sixty dollars per month, and for all other classes from the elev- enth to the fifty-third, inclusive, the sum of fifty dollars per month. In addition there- to said Avarden shall be allowed a sum not to ex- ceed twenty-five dollars per month for expenses incurred by him in the performance of his duties. Said salary and expenses incurred must be paid monthly from the county treasury. Said fish au. Any person who shall willfully or know- ingly destroy, injure, or obstruct any such fish way, or any person who shall at any time take or catch any salmon, shad, or other migratory fish Pol. Code— 87. 1034 Appendix. or trout, except by hook and line, within three hundred feet of any tish way required by the state board of fish commissioners to be provided and kept open, or shall talce or catch any such fish in any manner witliin fifty feet of such fish way, shall be guilty of a misdemeanor, and subject to the same flue, which shall be recovered in the same manner and applied to the same purposes, as provided in section one of this act. Sec. 4. This act shall take effect and be in force from and after its passage. Consult the following acts: "t An act to authorize the board of fish commission- ers of this state to build and maintain a sal- mon liatchery, and providing ways and means therefor. [Approved March 9, 1885; Stats. 1885, p. 31.] An act to authorize the board of fish commission- ers of this state to construct a steam launch to aid in carrying out the purposes of said board, and providing for the payment of claims incurred in such construction. [Approved March 12, 1885; Stats. 1885. p. 124.] An act to authorize the board of fish commission- ers of the state of California to purchase or construct a gasoline launch, to aid in carrying out the purposes of said board, and appropri- ating money therefor. [Stat, approved March 31, 1897; Stats. 1897, chap, ccxxix.] An act to authorize the board of fish commission- ers to dispose of the hatchery located on Bat- tle Creek, in Tehama county, and to expend tlie proceeds of the same. [Stat, approved March 9, 1897; Stats. 1897, chap. Ixxxvi.] Appendix. 1035 An act to authorize tlie state board of fish com- missioners to import game birds into the state for propagation, and to appropriate money for that purpose, and providing a penalty for the shooting, trapping, killing, or otherwise de- stroying any of said birds within this state. [Approved xMarch IG, 1S89; 1889, 304.] GOVERNOR. An act to authorize the governor to employ a stenographer for his office, and to provide for the payment of his salary. [Approved January 15, 1891; Stats. 1891, p. 1.] Section 1. The governor of California is hereby authorized to appoint a stenographer to assist him in the duties of his office, and who shall serve during his pleasure. He shall perform such du- ties as may be assigned him by the governor from time to time. The salary of such stenograph- er shall be sixteen hundred dollars per annum, payable as the salary of state officers. Sec. 2. The sum of eight hundred dollars is hereby appropriated out of the general fund of the state treasury for the payment of the salary of the stenographer during the forty-second fiscal year. Sec. 3. This act shall take effect from and after its passage. An act to provide for the purchase of certain por- traits by the state board of examiners, and to appropriate money thex'efor. [Approved March 15, 1883; 1883, 367.] See also the act to purchase the picture of ex- Governor MacDougall, approved March 11, 1897; Stats. 1897, ch. 100. HARBOR COMMISSIONERS. An act to provide penalties for failure to pay tolls. by false returns or otherwise, to any board of state harbor commissioners of the state of Cal- iforn'a. [Approved March 10, 1891; Stats. 1891, p. 27.] Section 1. Any person, corporation, firm, or as- 1036 Appendix. sociation who shall, by false returns, or in any manner, avoid the payment of all or any portion of any tolls that may be due to any board of state harbor c-ommissioners of the state of California, from any source or cause, as provided for by law and the rules and regulations of said board, shall be liable for and shall pay to said board twice the amount of such tolls, and in addition thereto the sum of ten dollars over and above such amount. Sec. 2. This act shall take effect from and after its passage. An act to extend the jurisdiction of the board of state harbor commissioners over East Street, San Francisco. [Approved March 31, 1S91; Stats. 1891, p. 261.] Section 1. That portion of East street, between Pacific and Folsom streets, in the city and coun- ty of San Francisco, which has heretofore been under the jurisdiction of the board of supervis- ors of said city and county, is hereby placed un- der the jurisdiction of the board of state harbor commissioners. Sec. 2. The board of state harbor commission- ers is hereby authorized and directed to assume control of said street witliin the limits defined in section one, and to operate the same as required by law for other portions of the water front. Sec. o. This act shall take effect from and after its passage. An act to empower the board of state harbor com- missioners to rectify the alignment of East street, from Pacific street to Market street, in the city and county of San Francisco, and to ] sell, acquire, and condemn adjacent prop- erty. [Approved March 31, 1891; Stats. 1891, p. 270.] Section 1. The board of state harbor commis-J sioners is hereby authorized and directed to recti^ fy the alignment of East street, between Pacific street and Mai'ket street, in the city and count, of San Francisco, said rectification to be done sc as to straighten the property lines and give as wide and commodious a thoroughfare as the trai| fie may demand. Appendix. 1037 Sec. 2. In no case shall the alignment of the westerly side of said thoroughfare extend east of the inner line of the thoroughfare as now estab- lished and defined by law. Sec. 3. The jurisdiction of the said board shall be westerly to the line as established under this act. Sec. 4. The board, in carrying out this law, shall have the power to purchase and sell, and to exchange, upon a legal and equitable basis, any portion or portions of the property adjacent to the westei'ly line of the thoroughfare herein pro- vided for; and a full record of their proceedings shall be entered upon their minutes, and a sworn statement of all transfers, sales, and purchases, and other transactions, shall be filed with the sec- retary of state. Said statements shall show in full all payments and receipts, itemized so as to definitely exhibit the price or prices of each parcel of laud transferred. Sec. 5. In case of failure on the part of the in- terested parties to come to a satisfactory agree- ment, the board shall have the power to condemn, as in otiier cases, for public purposes. Sec. 6. This act shall talce effect from and after its passage. An act to authorize the board of state harbor commissioners to construct railroads over state lands, and lands within their jurisdiction, along the exterior water front line of the city and count J' of San Francisco, and to regulate the use of the same. [Approved ?tlarch 19, 1889; 1889, 388.] To construct railroads, bridges, etc. Section 1. The board of state harbor commis- sioners is hereby authorized to construct railroads, bridges, and draAv bridges, over any state lands, or lands within its jurisdiction and control, along the extc-rior water front of the city and county of San Francisco, and across the outlet of but not along anj' water liighway or open canal extending inland. To permit the use of railroads to railroad compa- nies. Sec. 2. The board of state harbor commission- 1038 Appendix. ers shall have the power, and it shall be its duty, to adopt such regulations as it shall deem proper, from time to time, to secure to any and all rail- road companies now or hereafter receiving or de- livering freight and passengers within the city and county of San Francisco, on equal terms, the right to use the railroad so constructed for the transportation of their engines, trains, and cars, upon such terms of payment to the board of state harbor commissioners for the state of California, and under such restrictions, as the said board shall deem just. The said board shall also have the power, f.nd it shall be its duty, from time to time, as occasion therefor may arise, to adopt just and reasonable regulations to prevent the passage of engines, trains, or cars over said road across the streets of the city and county of San Francisco, at such hours and in such manner as may interfere with the safe and convenient use of said streets. Upon the adoption of any regulation or amend- ment thereof under this section, a copy shall be immediately furnished by the said board to all persons, companies, and corporations using said railroad. Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed. An act to authorize and empower the board of state harbor commissioners to institute con- demnation proceedings against certain prop- erty on the corner of Market, Sacramento, and East streets, in the city and county of San Francisco, and extending their jurisdiction over the same. [Approved March 26, 1895; Stats. 1895, p. 79.] Section 1. For the purpose of acquiring ter-j rainal facilities for the landing of passengers to and from the passenger and ferry depot at the! foot of Marli^et street, in the city and county of] San Francisco, the board of state harbor commis- sioners is hereby authorized and empowered to] institute condemnation proceedings in the supe- rior court of the city and county of San Francisco, against all parties in interest claiming any title in and to that certain lot, piece, or parcel of land Appendix. 1039 iu the city and county of San Francisco, bounded and described as follows, to wit: Commencing at a point on tlie westerly line of East street, distant thereon sixty (60) feet and four (4) inches northerly from the northwesterly corner of the intersection of the northerly line of Market street with said westerly line of East street; thence southerly along said westerly line of East street sixty (60) feet and four (4) inches to the intersection of said line of East street with tlie northerly line of Market street; thence west- erly along the northerly line of Market street eighteen 1(18) feet and six (6) inches to the inter- section of the northerly line of Market street with the north line of Sacramento street; thence west along the north line of Sacramento street seventy- nine (79) feet and eleven (11) inches to a point on said nortli line of Sacramento street; thence northeasterly to the point of beginning. Sec. 2. The inshore limit of the jurisdiction of said board shall be, and is hereby, extended so as to include the lot of land described in section one of this act. Sec. 3, The board of state harbor commission- ers may institute any action or actions, and prose- cute the same to final judgment for the condem- nation of any portion of the premises described in section one of this act, and the purposes herein mentioned are hereby declared to be a public use in which the right of eminent domain may be ex- ercised by the board of state harbor commission- ers iu the name of the people of the state, for the estates and rights, and in the manner provided in part three, title seven, of the Code of Civil Pro- cedure of this state. Sec. 4. The board of state harbor commission- ers is hereby authorized to pay any judgment ren- dered against them in such condemnation pro- ceedingp, by a draft drawn upon the controller of the state, who shall draw his warrant therefor on the state treasury, payable out of any money in said treasury credited to the San Francisco harbor improvement fund. Sec. 5. This act shall take effect from and af- ter its passage. 1040 Appendix. An act to authorize tlie state board of harbor commissiouers to establish and maintain a free public market upon the water front of San Francisco, and providing for the expenses and regulations thereof. [Approved March 29, 1897; Stats. 1S97, ch. 175.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The board of state harbor commis- sioners shall set apai't upon some convenient por- tion of the water front of San Francisco, a suffi- cient number of docks and piers, which must be contiguous to each other, for the reception of all perishable products, arriving by rail, boat, or other conveyances, including fruit, vegetables, eggs, poultry, game, dairy products and fisli coming into San Francisco, and shall permit the sale of such products thereon, by or for account of producers only, under such regulations as may be proscribed by the said harbor commissioners and as the public convenience may require. Sec. 2. The docks and piers so set apart for a free public market shall be as convenient as pos- sible to that poi'tion of the city and county of San Francisco in which the principal wholesale trade in perishable products is now carried on, and must be so situated as to be accessible to all water craft ordinarily employed in carrying such products upon the waters of San Francisco bay, and vessels so loaded shall have the preference in docking at said wharves over others not so en- gaged. Sec. 3. Docking room at said piers shall be as- signed without partiality to all vessels engaged in the transportation of such products, and the space assigned shall be sufhcient to permit such vessels regularly running upon a route to receive and discharge tlieir entire cargoes of such prod- ucts at siich piers, if they so desire. The harbor commissioners shall construct car tracks to con- nect the docks and piers so set apart for the free public market with the belt railroad. For the use of these tracks the state harbor commission- ers shall prescribe such regulations as public con- Appendix. 1041 venience may require, and fix the compensation to be paid by tlie companies making use of them for this purpose. Sec. 4. The harbor commissioners must con- struct suitable tramways and tracks or other de- vices for the rapid conveyance of perishable prod- ucts from car or boat or other convej^ance, to the stalls in the free market, and operate the same. Sec. 5. The harbor commissioners shall assign space within the free market to all producers of perishable products, under such regulations as the harbor commissioners may prescribe. No rental shall be charged for space in the free market. Any violation of this act, or of the regulations made pursuant thereof, shall exclude the person or firm guilty of such violation fi-om the privilege of selling in the free market-, during the pleasure of the harbor commissioners, not exceeding one year in addition to any other penalty which may be incurred thereby. Sec. 6. For the payment of the expenses of said free market the harbor commissioners may, in their judgment, so adjust the tolls as to pro- vide the necessary I'evenue. Sec. 7. The officers of said free market shall be a superintendent and assistant superintendent, who shall also be secretary, and such other em- ployees as the state board of harbor commission- ers' may appoint. The salary of all employees of said free marlcet shall be fixed by the state board of harbor commissioners. Sec. 8. All officers and employees of any market on the state property are officers and employees of the state, and shall qualify in the same man- ner as other employees, and give such bonds as the harbor commisisoners may prescribe. An act to authorize the board of state harbor commissioners to set apart a portion of the Avater front of the city and county of San Francisco for certain purposes. [Approved March 30. 1872; 1871-2, 728.] Portion of water front of San Francisco, for use of fishermen. Section 1. The board of state harbor comm.is- sioners are hereby authorized and empowered to 1042 Appendix. set apart, for the exclusive use and benefit of the fishermen of the city and county of San Francisco, such portion of the water-front of said city and county of San Francisco as said board of state bar bor commissioners shall deem proper and adapted and sufficient for the requirements and necessi- ties of said fishermen; provided, that said portion of the water-front of said city and county of San P"'rancisco to be set apart by said board of state harbor commissioners shall be used only for the legitimate purposes and business of said fisher- men, and no other. Rates of wharfage. Sec. 2. The board of state harbor commission- ers shall charge and collect for every fishing-boat in the bay and liarbor of San Francisco taking advantage of the provisions of this act such rent or wharfage as they shall deem just and proper; provided, they shall not charge more than the following rates, to wit: for boats thirty-two (.32) feet long or over, one dollar per weeli; for boats twenty -two feet long and under thirty-two feet, seventy -five cents per week; for smaller boats, fifty cents per week. Collecting officer. Sec. 3. TJie board of state harbor commission- ers are hereby authorized and empowered to em- ploy some suitable person to collect the revenue provided in the foregoing section of this act, and pay a proper compensation therefor, not exceed- ing one hundred dollars per month; and the per- son so employed shall be required to file a satis- factory bond with the commissioners sufficient to cover any amount of revenue which may at any time remain in the hands of such collector. They shall further require the person so appointed as aforesaid to keep a correct account of all moneys by him collected. Use of moneys collected. Sec. 4. All moneys collected under this act, af- ter deducting the salary provided to be paid to the collector mentioned in the preceding section of this act, shall be paid in to the board of state harbor commissioners, and disposed of in like manner as other moneys collected by the said board of state harbor commissioners. Appendix. 1043 Fishing boats mooring elsewhere. Sec. 5. Tlie owner or owners of any fishing- boat which shall be moored to any portion of the water-front of the city and county of San Fran- cisco, except such as shall have been set apart for that purpose by the board of state harbor commis- sioners under the provisions of this act, shall be deemed guilty of a misdemeanor, and fined in a sum not less than five dollars nor more than fifty dollars. Sec. 6. This act shall take effect immediately. An act authorizing and directing the board of state harbor commissioners to reduce or abol- ish the rate of docliage, wharfage, and tolls. [Approved March 30, 1872; 1871-2, 797.] Reduction of rates of dockage, wharfage, and tolls. Section 1. The board of state harbor commis- sioners are hereby authorized and directed to re- duce the rates of dockage, wharfage, and tolls, or to abolish the same, or any of them, and shall, on or before the first day of March, A. D. eighteen hundred and seventy-two, reduce the same, so that the rates thereafter to be charged and col- lected shall not exceed fifty per cent, of the rates charged at the date of the passage of this act. Reduction on leases. See. 2. Whenever the boai'd reduces the rates of dockage, Avharfage, or tolls, below the present rates, they may make a proportionate reduction on the monthly payments on all leases of the water-front leased by said board. Sec. 3. This act shall take effect from and af- ter its passage. An act to authorize the board of state harbor com- missioners to make repairs upon private wharves In their possession. [Approved March 26, 1874; 1873-4. 663.] Maintenance of wharves. Section 1. The board of state harbor commis- sioners are hereby authorized and empowered, in 1 044 Appendix. their discretion, to repair and maintain any wharf or wharves in tlieir possession or under their con- trol, notwithstanding such wharf or wharves may belong to private parties, and to pay the expenses tliereof in the same manner as is now provided for the repairs or maintenance of the wharves of tlie state; provided, however, that such authority to repair and maintain private wharves shall ter- minate with the termination of the possession or control of the same on the part of said board. Sec. 2. This act shall take effect immediately after its passage. An act concerning the state harbor commission- ers, and for other purposes. [Approved March 30, 1874; 1873-4, 910.] Harbor of San Francisco. Section 1. The harbor of San Francisco is hereby placed under the control of the board of state harbor commissioners, and they are author- ized to regulate the position of ships, their moor- ings, and anchorage, and generally to make rules and regulations concerning them, with power to enforce the same as fully as that formerly used and exercised by the harbor-master of the city and county of San Francisco. Routes of ferry-boats. Sec. 2. The commissioners shall keep the routes of the ferry-boats, passing in and out of said har- bor, free and open at all times, so that ferry-boats can conveniently make their trips without imped- iment on the part of vessels at anchor, or other obstacles. Harbor-master. Sec. 3. The present harbor-master of the city and county of San Francisco shall continue in office as such until tlie end of the term for which lie Avas elected, and draw the salary allowed him by law. He shall, during such term, perform such services in and about the management and regula- tion of said harbor, as the commissioners may re- quire of liim. At the end of said term said office shall become extinct, and all laws requiring the election of such an officer shall be deemed to be repealed and abolished, and thereafter all harbor Appendix. 104? regulations and management shall be performed by the commissioners as hereinafter provided. Duties, how performed. Sec. 4. At the end of the term of oifice of the present harbor-master of San Francisco, either by lapse of time, resignation, or otherwise, the state harbor commissioners shall require said duties to be performed by the chief wharfinger, or other executive oflicer of said board, as they may deem most advantageous to the public interests, but no special office shall be created for that purpose alone. Sec. 5. This act shall take effect and be in force from and after its passage. An act to authorize the board of state harbor com- missioners to adjust and- pay certain claims. [Approved March 26, 1874; 1873-4, 664.] This act provided for the payment of so much or all of certain claims that might be found equit- ably due, not exceetling twenty-five thousand dol- lars in all. An act to authorize the compromise of certain litigation concerning a portion of the water- front of the city and county of San Francisco. [Approved April 3, 1876; 1875-6, 905.] This act authorizes the governor, mayor of San Francisco, and board of state harbor commission- ers to compromise and settle with claimants for the premises lying between Jaclvson and Pacific streets, and outside of the water-front line as es- tablished by the beach and water lot act of March 26, 1851. The compromise contemplated was to accept deeds of the entire property to the state, and pay therefor such amount as might be deter- mined on out of the San Francisco harbor im- provement fund. Au act granting further powers to the board of state harbor commissioners. [Approved March .30. 1874; 1873-4, 912.] Dredging. Section 1. The board of state harbor commis- Fol. Code— 88. 1046 Appendix. sioners are hereby authorized and empowered to do the dredging necessary to be done under the operations of said department, and for that pur- pose to build or purchase such dredgers, barges, and other engines, machinery, and appliances as may be necessary to do and perform said worli, and to employ all necessary men and means there- foi', and to pay for the same out of the funds in the state treasury to the credit of said board, or any moneys arising from the revenues of the wharves and doclis under their charge. Sec. 2. This act shall talie effect and be in force from and after its passage. An act to transfer certain funds in the state treas- ury belonging to the state harbor commission. [Approved April 3, 1876; 1875-6, 761.] Treasurer to transfer funds. Section 1. The state treasurer is hereby di- rected to close the account in his office known as the "San Francisco harbor protection fund," and to transfer the money to its credit to the ac- count of "San Francisco harbor improvement fund." Sec. 2. This act shall take effect from and af- ter its passage. NATIONAL GUARD. An Act to define the duties of inspectors of riflt practice of the national suard of California. [Approved IMarch 30, 1878; 1877-8, 758.] This act was incoriX)rated in the Political Code in 1897. See sec. 2008. An Act to reimburse the members of company C. sixth regiment of infantry, third brigade. Na- tional Guard of California, located at the city of Fresno, for moneys expended by them for uniforms and outfits, and appropriating money therefor. [Approved March 16, 1889; 1889, 224.] Seventeen hundred and sixty-four dollars was appropriated for the purposes indicated. Appendix. 1047 An Act to authorize tlie acquisition, by donation, of a site or sites for camps of instruction for tlie national guard of tlie state of California, and to improve ttie same. [Approved March 9, 1893; Stats. 1893, p. 128.] Section 1. The adjutant-general, major-general, and the senior brigadier-general of the national guard of the state of California, are hereby ap- pointed commissioners for the pui-pose of selecting a suitable site or sites for camps of instruction for the national guard of the state of California. Sec. 2. After the selection of such site by the commissioners named in the preceding section, and their action meeting the approval of the gov- ernor, the said commissioners shall have the pow- er to procure, by donation, any site or sites so se- lected for camps of instruction. The deeds there- for shall be duly executed to the people of the state of California by the attorney general. Sec. 3. Said commissioners shall also have pow- er to make such improvements on the grounds and the approaches thereto, and erect such build- ings thereon, as will put the property so selected in a condition suitable for the reception of organ- izations of the national guard ordered to camps of instruction. The said commissioners are also charged with malting such repairs to buildings and alterations as may from time to time be ne- cessary. Sec. 4. This act shall take effect immediately. NAVAL BATTALION. An Act to establish a naval battalion, to be at- tached to the national guard of California. [Approved March 1, 1893; Stats. 1893, p. 62.] Consult the statutes of 1893 for the act. NORMAL SCHOOLS. Consult the following acts: An Act to establish a branch state normal school in northern California. [Approved March 9, 1887; 1887, 60.] 1048 , Appendix. An Act to establish a branch state normal school. [ApproA-ed March 14, 1881; Stats. 1881, p. 89.] The Act established a state normal school at Los Angeles. See also Stats. 1883, p. 281. An Act to provide for the construction and fur- nishing of an additional school building for the use of the state normal school at Los Angeles, California, and to appropriate money therefor. [Approved March 9, 1893; Stats. 1893, p. 120.] Seventy-five thousand dollars was appropriated for the purpose indicated. An Act to provide for tlie construction and fur- nishing of a manual and gymnasium building for tlie use of the state normal school at Los Angeles, California, and to appropriate money therefor. [Approved March 19, 1889; 1889, 333.] Ten thousand dollars w^as appropriated for the purpose indicated. An Act establishing a state normal school in San Diego county. California, and maliing an ap- propriation of fifty thousand dollars therefor. [Stats. Approved March 13, 1897; Stats. 1897; chap, cv.] Au Act to provide for the erection of addi- tional buildings for the use of the state normal school at San Jose, California, and malj;ing an appropriation therefor [Approved April 6. 1891; Stats. 1891, p. 497.] Thirty-seven thousand doUai's was appropriated for the purpose indicated. An Act appropriating the sum of three thousand five hundred dollars for completing and fur- nishing the training department building of the state normal school at San Jose, California. [Approved February 27, 1893; Stats. 1893. p. 48.] Appendix. 1049 An Act to authorize the trustees of the state nor- mal school to construct a sidewalk around the grounds of the state normal school located in the city of San Jose, California, and to appro- priate money therefor. [Approved March Id, 1889; 1889, 210.] The act appropriated six tliousand four hundred dollars for the purpose indicated. An Act to provide for finishing the state normal school building and paying the indebtedness incurred in the construction thereof. [Approved March 29, 1872; 1871-2, 669.] This act, as its title imports, provided for the completion of the state normal school building at San Jose. An .Vet mailing an appropriation for the purchase of apparatus for the state normal school. [Approved March 23, 1874; 1873-4, 518.] This act appropriated three thousand dollars for the purpose indicated in the title. An .-Vet to appropriate money to complete the state normal school building, and for the improving of the grounds. [Approved March 25, 1874; 1873-4, 603.] This act appropriated twenty-five thousand dol- lars for the purpose indicated. An Act to appropriate tlie sum of thirteen thous- and dollars to malvc ceilain repairs on the state normal school and to provide furniture therefor, and also to provide for a deficiency in the appropriation for the twenty-sixth and twentv-seventli fiscal years, for said school. [Approved March 25, 1876; 1875-6, 482.] An Act to provide for the erection of a building for the use of the normal school. [Approved April 12, ISSU; 1880. 40 (Ban. ed. 192.)] By this act one hundred thousand dollars was appropriated for the rebuilding of the normal 1050 __ppendix. school at San .Tose, which had been destroyed by lire a short time previously. An Act to provide for the improvement of normal school square in the city of San Jose. L Approved P^bruary 15. 1881; 1881, 4.] This act appropriated twenty-five thousand dol- lars for tlie purpose indicated. An Act appropriating money for the completion of the branch normal school building at Los An- geles, and for the improvement of the grounds about the same. [Apin-oved :\Iarch 13, 1883; 1883, 281.] Eleven thousand dollars was appropriated for tlie purpose indicated. An Act authorizing and empowering the board of school trustees of the city of San Jose, coun- ty of Santa Clara, state of California, to erect, construct, and build, and maintain, at the ex- pense of the said city of San Jose, a high school building on the north side of the state normal school grounds at San Jose between Fifth and Seventh streets in said city. [Stat, approved March 17. 1897; Stats. 1897; chap, cxi.] NOTARIES. An Act providing for the appointment of an addi- tional notary ])ublic for the city and county of San Francisco for the accommodation of the inhabitants of said city and county at the Presidio. [Approved April Kj.ISSO; 1880. IOC (Ban. ed. 34.5).] Additional notary public for San Francisco. Section 1. The governor is authorized to ap- point and commission one additional notary pub- lis for the city and county of San Francisco, who shall keep an office for the transaction of business in that portion of the city and county known as the Presidio. Sec. 2. This act shall take effect from and af- ter its passage. Appendix. ,051 OFFICERS. An Act to protect candidates for certain public of- fices, to prohibit certain acts by such candi- dates, and to provide a punishment for infrac- tions of this law. [Stat. Approved March 2, 1897. Stats. 1897; chap, lix.] 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, either individually or as an officer or member of any committee or association, to demand or solicit of any candidate for the legislature, or of any can- didate for supervisor, or of any candidate for school director, or of any candidate for any legis- lative body, that he shall vote for any particular bill or specific measure which may come before any such legislative body to which he may be elected: provided always, that this inhibition shall not in any case apply to the pledges exacted of a candidate by the platform or resolutions of any convention by which any such candidate may be nominated. Sec. 2. It shall be unlawful for any cg.ndidate for the legislature, or for any candidate for super- visor, or for any candidate for school director, or for any candidate for any other legislative body, to sign or give any pledge that he will vote for or against any particular bill or specific measure that may be brought before any such legislative body; provided always, that this prohibition shall not apply to any pledge or promise that any such candidate may give to a convention by which he may be nominated for any such office, or to those who may sign a certificate for his nomination. Sec. 3. Any per.son violating any provision of this act shall be deemed guilty of a misdemeanor, and any candidate violating any provision of this act shall, in addition, be disqualified from holding the office to which he may be elected. 1052 Appendix. An Act to make women eligible to educational offices. [Approved March 12, 1874; 1873-4, 356.] Women eligible. Section 1. Women over the age of twenty-one years, who are citizens of the United States and of this state, shall be eligible to all educational offices within tliis state except those from which they are excluded by the constitution. Sec. 2. All acts and parts of acts in conflict witli this act are hereby repealed. This act shall tal^e effect from and after its passage. An Act prescribing certain duties to be perform- ed by the state controller, state treasurer, and state board of examiners. [Approved February 20, 1872; 1871-2, 118.] Reports of warrants drawn by controller. Section 1. The state controller shall furnish to the state treasurer, on the tenth, twentieth, and last days of each month, and when either of these days falls upon a day on which the state control ler is not required to keep his office open for the transaction of business, then upon the day imme- diately preceding the days herein mentioned, with a report of all warrants drawn by him upon the treasurer since the date of his last report. Such report shall show the number, date, and amount of each warrant, to whom issued, and the ftmd out of which it is payable. From the report so furnished by the controller, the state treasurer sliall malve a register of warrants, and shall pay all warrants in tlie order in whicli they are drawn by the controller. Report of Avarrants paid by treasurer. Sec. 2. Upon the last day of each month, ex- cept when such last day falls upon a day on which the state treasurer is not required by law to keep his office open for the transaction of business, then upon the day immediately preceding such last day, the state treasurer sliall furnish the state con- troller with a list of all warrants paid by him since the date on which his last list was furnish- Appendix. 1053 ed. Such list shall contain the number, date, and amount of each warrant, and the fund out of which the same was paid. Adjustment of balances in treasury. Sec. 3. Immediately after the passage of this act, it shall be the duty of the state controller and state treasurer, under the supervision of the gov- ernor, to ascertain the numbers, dates, and amounts of the several warrants drawn by the controller, and then unpaid by the treasurer, anri to adjust the balances in the several funds of the state treasurer upon the boolvs of the controller and treasurer in accordance with the sums found to the credit of each on the books of the control- ler, and the warrants found to be outstanding and not paid by the treasurer. Examiners to count money, etc. Sec. 4. When the balances in the several funds of the state treasury shall be adjusted as pro- vided for in the next preceding section, the state board of examiners shall count the money in the state treasury, and compare the amount with tlie amount found to be in all the funds of the state treasury by the books of the state controller; and upon the first business da.v of each month there- after, the state controller shall furnish the state board of examiners with a statement of the amount of money in each fund of the state treas- ury, and the total amount as the same appears upon the books of his office, together with a list of vfarrants issued by him but not paid by the state treasurer, and for the payment of which there is monej' in the state treasury. Upon the re- ceipt of such statement from the controller, the state board of examiners shall proceed to count the money in the state treasury, and compare the amount with the amount named in the statement of the controller. Cancellation of warrants uncalled for. Sec. 5. Whenever any Avarrant issued by the state controller shall remain in his office uncalled for by the owner thereof for the period of one year after such warrant has become payable, it shall be the duty of the controller and treasurer, in the presence of the state board of examiners, to can- cel the same; and whenever any warrant, deliv- 1054 Appendix. ered to the owner thereof by the controller, but not presented to the state treasurer for payment for a period of one year after such warrant has become payable, said wan-ant shall be deemed to be canceled, and the treasurer shall in the pres- ence of the controller and state board of exam- iners, write the word "canceled" opposite the en- try of such warrant in his registry of warrants provided for in the first section of this act. The word "canceled" shall also be written by the state controller opposite the entry in the warrant reg- ister in his office of all warrants required to be canceled by this act. The amounts of all war- rants canceled under the provisions of this act shall revert to the fund in the state treasury against which said warrants were drawn, and shall be entered upon the books of the controller to the credit of such fund, in the same manner as other moneys paid into the state treasury. Register of canceled warrants — Reissue. Sec. 6. The controller and treasurer shall each keep a register of warrants canceled under this act, in which shall be entered the number, date, and amount of tlio warrant, the name of the per- son in whose favor it was drawn, the fund out of which it was payable, and the date of cancella- tion. Whenever the owner of any warrant can- celed under the provisions of this act demands such warrant from the controller, it shall be the duty of the controller to issue a new warrant for the same amount, in the name of the same per- son, and payable out of the same fund as the war- rant canceled; and in case where a warrant is- sued by the controller, but not paid by the treas- urer, has been canceled, and the owner or holder thereof presents the same for payment, it shall be the duty of the state controller to draw a new warrant therefor, in the name of the same person, for the same amount, and payable out of the same fund as the original warrant, and such origi- nal warrant shall thereupon be canceled by him and retained in his office as his voucher for issu- ing such new wan*ant. In all cases where a war- rant shall be issued in lieu of one canceled, the word "du]ilieate" shall be plainly written or print- ed across the face thereof, in red ink, by the con- troller, and the issue thereof noted on the regis- Appendix. 1055 try of canceled warrants kept in his office, and when any such duplicate warrant is paid by the state treasurer, he shall note the payment thereof on the registry of canceled warrants kept in his office. Interest coupons. Sec. 7. Whenever the interest coupons attached to any registered bond of this state issued under either of the following named acts, to wit: an act to provide for paying certain equitable claims against the state of California, and to contract a funded debt for that purpose, approved April 28, 1857; an act to amend an act entitled an act to provide for paying certain equitable claims against the state of California, and to contract a funded debt for that purpose, approved April 28, 1857, approved April 27, 1860; an act for the relief of the enlisted men of the California volunteers in the service of the United States, approved April 27, 1863; an act granting bounties to the volunteers of this state, enlisted in the service of the United States, for issuing bonds to provide funds for the payment of the same, and to levy a tax to pay such bonds, approved April 4, 1864; and an act authorizing the issuance of state bonds to the amount of two hundred and fifty thousand dollars, to be known as state-capitol bonds, approved April 4. 1870— shall not be presented to the state treasurer for payment for a period of one year after such coupon has become due and payable, it shall be the duty of the state treasurer to furnish the state controller and state board of examiners each with a list of sucli coupons not presented for payment, with the amount thereof, whereupon the state controller shall order the treasurer to place the money held by him for tlie payment of such coupons into the general fund of the state treas- ury, and the amount so ordered into the general fund shall be placed to the credit of said fund on the books of the controller and treasurer in the same manner as other moneys paid into the state treasury. Payment of interest coupons. S'^c. S. WluMiever any of the interest coupons mentioned in the seventh section of this act are presented for payment, after the money to pay the same has been transferred to the general fund, 1056 Appendix. such coupons shall be presented to the state board of examiners, which board shall audit and allow them out of the general fund of the state treasury, and shall transmit a voucher to the state control- ler upon which to draw his warrant upon the state treasiirer. Upon the presentation of such warrant and the surrender to him of the coupons for the payment of which the said warrant is drawn, the state treasurer shall pay the same out of the gen- eral fund. Sec. 9. Immediately after the passage of this act the state board of examiners shall examine the books in the state treasurer's office in which are pasted the coupons of the registered bonds of the state paid by liim, and shall require the state treas- urer to make out a list of all coupons not found therein, as provided for in section seven of this act, and the money held by him for the payment thereof shall be placed in the general fund, as pro- vided in this act. See. 10. This act shall take effect from and af- ter its passage. An Act providing for the removal of civil officers for a violation of official duties. [Approved IMarch 30, 1874; 1873-4, 911.] Civil officers may be removed for violation of of- ficial duties. Section 1. Any member of any board of direc- tors, board of commissioners, or other board of of- ficers, state, city, county, or district, or other per- son who has been elected or appointed, or who shall hereafter be elected or appointed to hold, control, build, or manage any piiblc building of state, or of any county, city, or city and county in this state, or to hold, control, manage or disburse anyof thepublicfuudsof this state or of any coun- ty, city, or city and county of this state, or any person acting by, through, or under the authority of any such board of directors, board of commissioners, or other board of officers, or other persons, as aforesaid, or any other officer in the state who shall be guilty of a willful violation of any of the provisions of the stat- ute under \vhich he or they were, or may be hereaffpr elected or appointed, or of any other stat- Appenrlix. 1057 ute or statutes of this state prescribing or defin- inj? their duties and powers, or passed for their government and control, or who shall be guilty of any other willful violation of official duty, shall be deprived of his office, and otherwise punished, in accordance with the provisions of section two of this act. Proceedings in action for removal of civil officer. Sec. 2. Wlienever any complaint in writing, duly verified by the oath of any complainant, shall be pi-esented to the district court, alleging that any of the officers, or other persons referred to in sec- tion one of this act, have, within the jurisdiction of said court, been guilty of a violation of the pro- visions of said section, or of any other statute or statutes of this state which have been, or may hereafter be, passed for their government and con- trol, or prescribing or defining their duties and powers, it shall be the duty of said court to cite the party or parties charged to appear before him on a certain day, not more than ten nor less than five days from the time when said complaint shall be presented; and on that day, or some subse- quent day, not more than twenty days from that on which said complaint is presented, shall pro- ceed to hear, in a summary manner, the complaint and evidence offered in support of the same, and the evidence offered by the party or parties com- plained of; and if in such hearing it shall appear that tlie charge or charges contained in said com- plaint are sustained, the court shall enter a decree that said party or parties complained of shall be deprived of liis or their office or position, and sliall enter judgment for one hundred dollars in favor of the complainant, and for such costs as are al- lowed in civil cases. Remedy, cumulative. Sec. :i. This act shall not be construed to repeal or impair the provisions of any other act concern- ing officers, in force at the time of the passage hereof, but shall be construed to be a cumulative remedy for the enforcement of official duty, and not otherwise. Sec. 4. This act shall take effect and be in force from and after its passage. Pol. Code— 89. 1058 Appendix. ORPHAN ASYLUMS. Act to provide for appointment of guardians for orphans. See Civil Code, Appendix, p. 776. PILOTS. Consult the following acts: An Act to establish pilots and pilot regulations for the port of San Diego. [Approved .March 26, 1872; 1871-2, 650.] An act to provide for the appointment of pilots, and detiniug their duties and compensation, at the port of Wilmington and bay of San Pedro. [\pproved March 19, 1889; Stats. 1889, p. 416.] POLICE DEPARTMENT. An act to regulate the salaries of certain officers in the police department within municipali- ties of the first class in the state of California, and to provide for the appointment and salar- ies of other officers of such departments. [Stat, approved March 8, 1897; Stats. 1897, chap. Ixxviii.] The people of the state of California, represented in Senate and Assembly, do enact as follows: Sec. 1. In every municipality of the first class in this state, salaries shall be allowed and paid to the following officers of the police department of such municipality, as in this act provided: To the chief of police, five thousand dollars per annum. To the captain of detectives of police depart- ment, three thousand dollars per annum. To six captains of police, twenty-five hundred dollars per annum each. To the clerk of the chief of police and board of police commissioners, twenty-five hundred dollars per annum. To the property clerk of the police department, iwenty-five hundred dollars per annum. Appendix. 1059 To fifteen police officers who shall be known and designated as detectives, detailed as such by the, chief of police of the police department of such municipality, to perform detective duty, one thou- sand eight hundred dollars per annum each. See. 2. Upon petition of the chief of police of the police department in any such municipality, addressed to the board of supervisors or citv^ council of such municipality, such board of super visors or city council may, when in its judgment the public welfare requires it, authorize such chief of police of the police department to detail addi- tional police officers to perform detective duty, who shall receive the same salary as detectives in section one provided for. Sec. 3. All the salaries provided for in this act shall be paid at the same time and in the same manner and out of the same fund as they hava been paid to members of the police departmeut prior to the passage of this act. Sec. 4. All acts and parts of acts in conflict with or inconsistent with this act are hereby re- pealed. Sec. 5. This act shall take effect from and after its passage. PUBLIC ADMINISTRATOR. An act to pi-ovide for public administrators in certain cases. [Approved March 30, 1872; 1871-2, 796.] IMiblic administrators failing to qualify. Sec. 1. If the public administrator of any coun- ty of this state fails to qualify, or in person fails to perform the diities of his office, the coroner of such county shall be ex-officio public adminis- trator; and in case both public administrator and coronei- fail to qualify, or to perform the duties appertaining thereto, the supervisors sliall ap- point a suitable person to be public admiuistrator; and all laws applicable to the qualiticatlon, pow- ers, diitles and compensation of public adminis- trator sliall apply to the coroner or appointee of the supervisors as aforesaid. Sec. 2. This act shall take effect and be in force from and after its passage. 1060 Appendix, SHERIFFS. An act to authorize the boards of supervisors to furnish the sheriff and deputy sheriffs of their several counties with a suitable badge of office. [Approved April 1, 1876; 1875-6, 803.] Sheriff's badges. Section 1. The boards of supervisors of the sev- eral counties of this state must furnish to the sheriff, under-sheriffs, and deputy sheriffs, of their respective counties a suitable badge of office, up- on which shall be inscribed the words "sheriff" and "'deputy sheriff'.'' Sec. 2. This act shall take effect immediately from and after its passage. An act to amend an act entitled "An act to al- low compensation to sheriffs for conveying prisoners to state prisons and insane persons to the insane asylums," approved March 14, 1885, providing for compensation to sheriffs for ser- vice rendered since the fourteenth day of March, eighteen hundred and eighty-five. [Approved March 15, 1889; 1889, 200.] Section 1. An act entitled "An act to allow com- pensation to sheriffs for conveying prisoners to the state prisons and insane persons to the insane asy- lums," is hereby amended so as to read as fol- lows: — Compensation of sheriffs for transporting prison- ers. Section 1. There shall be allowed by the state board of examiners to the sheriff, to be retained by him for his own use, for delivering a prisoner to either of the state prisons, actual expenses, and five dollars per diem for the time necessarily con- sumed in delivering such prisoner. Compensation of slieriffs for transporting in.sane. Sec. 2. There shall be allowed by the state board of exn miners to tlie sheriff, to be I'etaiued by him for his own use, for delivering any insane person to eitlier of the insane asylums, his actual expenses, and the same per diem as is allowed in section one of this act. Appendix. 1061 See. 3. The sherilf shall be allowed, and is en- titled to receive and retain for his own use, the same compensation and expenses for all like ser- vices mentioned in sections one and two of this act, rendered by him since the fourteenth day of March, eighteen hundred and eighty-five. Sec. 4. This act shall take effect and be in force from and after its passage. STATE. Acts relating to suits against: See Code of Civil Procedure, Appendix, title, State. An act to appropriate the sum of five thousand dollars to pay the expenses and disbursements to be incurred and made in maintaining tlie rights of the state in litigation now pending in or which may come before the supreme court of the United States, to which the state is or shall be a party, or in the determination of which the state is or shall be interested. [Approved March 15, 1887; 1887, 123.] An act authorizing the allowance, settlement, and payment of claims of counties against the state. [Approved March 9, 1893; Stats. 1893, p. 109.] Section 1. On the presentation of the claim of any county of this state, or treasurer thereof, to the state controller for commissions, charges, or fees fixed or directed to be allowed by law for the collection of state taxes, the said commissions, charges, or fees for which claim is made, not hav- ing been allowed by the state, and the same hav- ing been paid into the state treasury, thereupon the state controller shall, in the next settlement thereafter to be made witli the treasurer of the county presenting such claim, allow to be retain- ed out of any moneys tlien in the liands of such treasurer belonging to the state, the amount of such claim; provided, however, that the moneys thus retained sliall be paid into the county treas- ury, and shall be the property of such county. Sec. 2. This act shall take effect immediately. The object of tlie act sufficiently appears in tlie title. 1062 Appendix. An act to authorize the payment of claims against the state, which were incurred under an act to promote drainage, approved April 23. 1880, and to appropriate money for their payment. [Approved March 4, 1889; 1889, 55.] Twenty thousand dollars was appropriated for the purpose indicated. STATE ANALYST. An act to provide for analyzing the minerals, min- eral waters, and other liquids, and the medic- inal plants of the State of California, and of foods and drugs, to prevent the adulteration of the same. [Approved March 9, 1885; Stats. 1885. 43.] Section 1. The governor of the state of Califor- nia shall appoint one of the professors of the State University of California, of sufficient compe- tence, knowledge, skill, and experience, as state analyst, whose duty it shall be to analyze all ar- ticles of food, drugs, medicines, medicinal plants, minerals, and mineral waters, and other liquids or solids which shall be manufactured, sold, or used within this state, when submitted to him, as hereinafter provided. Sec. 2. The state board of health and vital sta- tistics, or medical officers of health of any city, town, or of any city and county, or county, may. at the cost of their respective boards or corpora- tions, purchase a sample of any food, drugs, med- icines, medicinal plants, mineral waters, or other liquids offered for sale in any town, village, or city in this .state, and submit the same to the state analy.st as hereinafter provided; and said analyst siiall, upon receiving such article duly submitted to him, forthwith analyze the same, and give a certified certificate to the secretary of the state board of health submitting the same, wherein he shall fully specify the result of the analysis; and the certificate of the state analyst shall be held in all the courts of this state as prima facie evi- dence of the properties of the articles analyzed by him. Appendix. 1063 Sec. .3. Any person desiring an analysis of any food, drug, medicine, medicinal plant, soil, mineral water, or other liquid, shall submit the same to the secretary of the state board of health, together with a written statement of the circumstances un- der which he procured the article to be analyzed, which statement must, if required by him, be ver- ified by oath; and it shall be the duty of the secre- tary of the state board of health to transmit the same to the state analyst, the expenses thereof to be defrayed by the said board. Sec. 4. The state analyst shall report to the state board of health the number of all the arti- cles analyzed, and shall specify the results there- of, to said board annually, with full statement of all the articles analyzed, and by whom submitted. Sec. 5. H'he state board of health may submit to the state analyst any samples of food, drugs, medicines, medicinal plants, mineral waters, or other liquids, for analysis, as hereinbefore pro- vided. Sec. 6. It shall be competent for the mineral- ogist of the state of California to submit to the state analyst any minerals of which he desires an analysis to be made; provided, that tlie cost of tlie same shall be defrayed by the mineralogical bu- reau. Sec. 7. The board of state viticultural commis- sioners shall have the same privileges as are pro- vided for the state board of health under this act Avith respect to samples of wines and grape spir- its, and of all liquids and compounds in imitation thereof; and any person or persons desiring analy- ses of such products shall submit the same to the secretary of the said board of state viticultural commissioners, and the same shall be transmitted to the state analyst, in the manner prescribed in section three of this act. The analyses shall be made, and the certificates of the state analyst shall be forwarded to the secretary of the said board of state viticultural commissioners, and shall have the same force and effect as provided for in section two of this act, with respect to analyses maS. deliver to auditor delinquent list, § 3759. to settle with tax collector, how, §§ 3761, 3762. transinit statement to controller, § 3763. compare delinquent list, § 3797. administer oath to tax collector, § 3798. credit collector with amount of delinquencies, § 3799. allow expenses for coUectins; certain tax, § 3810. , note on assessment-book taxes on personal property collected by assessor, §§ 3827, 3828. sign and deliver poll-tax receipts, § 3844. assessor to settle with, for poll-tax, §§ 3853, 3854. to return to treasurer unused poll-tax receipts, § 38.35. treasurer to credit auditor with such, § 3856. roll of persons subiect to poll-tax to be filed with, § 38.58. to make certain settlement with controller, §§ 3868. 3869. controller to make entries on report of, § 3873. to make proper entries in his account with treasurer, § 3875. • state board of equalization to certify to the dispensing of duplicate assessment-book, § 3896. county clerk, when ex officio, §§ 4105, 4106. office hours of, § 4116. to reside at county seat, § 4119. bond of. § 4122. county treasurer, to receive no moneys, except on certificate of. § 4145. receipt to be deposited with, § 4146. 1080 Index. AUDITOR— CoutimiPd. treasurer, when to settle with, § 4154. treasurer must permit, to examine his boolis, § 4165. to draw warrants and settle accounts, § 4215. how to settle with debtors to the countv, § 4217. must number warrants. § 4219. must examine books of treasurer. § 4220. to count money in treasury, § 4221. to malve joint statement to supervi.'ior, § 4223. AUDITORS. :MILITARY. See National Guard. AUTHORITY, words. givinj? joint, how construed, § 15. BADGES for sheriffs and deputies, § 4192; p. lOGO, Stat. BAILIFF OF SUPREME COURT, salary, § 739. appointment, powers, and duties, § 830. BALLOT BOX to be exhibited at polls, § 1102. HALLr)rs. See Election. BARREL defined, § 3217. BATTALIONS. See National Guard. naval. Sef> Naval Battalion. BAWDl-HOI'SE, Chinese, act for suppression of, preserved, § 19. BEACON, sites for submarine, § 34. BILLIARD TABLES, license for keeping, § 3380. subd. 1. BILL OF EXCHANGE, protest of, by notary pub- lic, § 795. BILLS. LEGISLATIVE. See Legislature. BIRTHS, records of, in San Francisco, § 3023. return of, in San Francisco, § 3024. registry of, § 3075. reports to recorders of, §§ 3077", 3078. registrt of. to be kept by recorder, § 3079. register of, copy to be sent to secretary of board of health, § 3080. fees of recorder for registering, § 3081. recorder to keep book for recording, § 4235. recoi'der to keep index to register of, § 4236. BLANKS to be furnished by insurance commis- sioners. § 615. election, by whom furnished, § 1073. certain, to be prepared by surveyor-general. § 3429. Index. 1081 BLANK S— Continued. certain, to be furnished assessor, § 3630. poll-tax receipts, §§ 3841-3845. BLIND ASYLUMS. See General Laws, title Deaf, Dumb, and Blind. BOARD OF CAPITOL COMMISSIONERS. See Capitol. BOARD OF EQUALIZATION. See Taxes. BOARD OF EXAMINERS. See Examiners. BOARD OF HARBOR COMMISSIONERS. See Harbor Commissioners. BOARD OF HEALTH. See Health. BOARD OF REGENTS. See University. BOARD OF TIDE-LAND COMMISSIONERS. See Lands. BOARDS OF ELECTION. See Election. BOARDS OF SUPERVISORS. See Supervisors. BOATS. See Vessels. BOLIfsAS BAY, act preventing destruction of fish In, preserved, § 19. BONDS. See Negotiable Instruments; Public Debt, acts providing for issuance of state, preserved, § 10. of officers, to be recorded by secretary of state, § 408. of secretary of state, § 423. of state controller, § 442. of treasurer of state. § 459. of attorney-general, § 473. of surveyor-general, § 487. of register of state land-office, § 502. of superintendent of public instruction, § 517. of state printer. § 537. of inspectors of gas meters. § 584. from foreign corporations, §§ 623, 624. of insurance commissioner, § 632. state, conversion of school fund into, §§ 680- 6S2. state, purchase of, by examiners, § 683. of clerk of supreme court, § 757. of notary public. § 799. of officers, must be filed, when, § 947. of state officers, approved, filing, etc., § 948. of secretary of state, where filed, § 949. of countv and township officers, § 950. I'ol. Ciide—Ol 1082 Index. BONDS— Continued, recordins? of, § 951. approvai to be indorsed on, § 952. not to be filed before approval, § 95.3. couflitious of and number of sureties, § 954. justification of sureties on, § 95.5. sureties on, for less than penal sum, § 956. act alloAving corporations to act as sole surety. See Civil Code. Appendix, p. 725. corporations as sureties on, § 955. custodv of. S 957. form of, § 958. construction of, §§ 959, 960. suits on, §§ 961. 962. defeats in, etc.. not to vitiate. S 963. insufiiciency of sureties on, § 964. form of additional, § 965. force of original, § 966. liabilities on, § 967. sepaiate judgmeuts on, §968. contribution, § 969. discharge of sureties on, § 970. of persons appointed to fill vacancies, § 971. release of sureties on. §§ 972-974. wlien otfice declared vacant for want of, § 975. supplemental, §§ 975-979. effect of discharge of sureties on, § 980. of recei^'trs. executors, administrators, etc.. § 9S1. of trustees, assignees, receivers, etc., § 982. actions on, §S 983. 984. of deputies, clerks, etc.. § 985. of countv clerk, when filed, § 986. lien on lands of bondsmen, §§ 984, 987. of militaiy officers on receiving arms, §§ 1965- 1967. of adjutant-general, § 2116. of medical superintendent of insane asylum. § 21.55. of treasurer of insane asylum. § 2183. of officers of insane asylum. § 2194. of ofiicers of deaf, duiub, and blind asylum. § 2244. of principal teacher of deaf, dumb, and blind asylum. § 2270. of treasurer of deaf. dumb, and blind asylum, § 2282. ludex. 1083 BONDS— Continued. of state lilDrarian, § 2304. of claimant of wrecked property, § 2409. action on such, § 2410. of pilots, § 2431. of harbor commissioners, § 2521. of employees of harbor commissioners, § 2546. of petitioners for chau,ainsi' road, § 2083. of owners or keepers of toll-bridge, § 2850. of owner or consignee of vessel in certain case, § 2952. nature of such, § 2954. action on such, § 2956. penalty for neglect to give such, § 2957. of commissioner of immigration, § 2968. of health officer of San Francisco, § 3030. of physicians requiring dead bodies for dissec- tion, § 3095. of auctioneer, § 3285. of auctioneer, action on, § 3324. of levee disti-icts may be given in payment of swamp lands, §§ .3440. 3480. officers, bonds of. See § 66 of County Govern- ment Bill in General Laws, liability on assessors, § 36()0. of assessor, action on, § 3(501. liability on official, § 4117. of county officers, § 4122. recorder to keep books for recording, § 4235. recorder to keep indexes of recorded, § 4236. BONDS OF CITY. See City Indebtedness. BONDS OF COUNTY. See County Indebtedness. BONDS OF SCHOOL DISTRICT, calling election as to issuance of, § 1830. BONDS OF STATE, conversion of school fund into, §§ 680-682. purchase of. by board of examiners, § 683. BOOKS, certain, to be delivered to secretary of state at close of session of legislature, S 261. controller and treasurer to allow inspection of, § 678. possession of official, S 1014. proceedings to compel delivery of official, § 1015. enforcement of delivery of, § 1016. school, once adopted, to be kept how long, § 1874. 1084 Index. BOOKS— Continued. text-books to be continued in use. § 1874. penalties for refusal to use school, prescribed, § 187.5. of state library, who may take, § 2296. of state library taken by members of legisla- ture. § 2297. of state library, taken by state officers, § 2298. of state librai-y. liability for injuries to, § 2299. of supreme court library, who may use, § 2315. to be kept by auctioneer. §§ 3.30.5, 3.306. to be kept by supervisors, § 4031. of county treasurer, to be kept open. §§ 4164, 4105. to be kept by county recorder, § 4235. of recorder, to be open for inspection, § 4246. assessment. See Taxes. BOUNDARIES. Countv. certain terms used in de- tining, §§ .3903-.3908. of the various counties. See Counties, inadequatelv marlied, how established, §§ 3969-3972. may be changed, § 1129. alteration of, effect on taxes levied, § 3975. City, may be changed, § 4357. Election precincts, how established, § 1127. BRANCH INSANE ASYLUil. See Insane Asy- lum. BRANCH PRISON. See Prison of State. BRANDS. See Marks and Brands. BRIDGES are highways, when. §§ 2618. 2619. between road districts, how constructed, §§ 2713. 2714. erection and maintenance. § 2711. when county may aid in constructing. § 2712. construction and repair. §§ 2645, 2711. 2713. contract for construction and repair. § 2713. supervisors, when to control constriiction and repair. § 2713. report of road otficers to include, § 2716. when supervisors must repair, § 2715. semi-annual meetings for bridge purposes. § 2716. driving over, § 2741. by toll-road companies. § 2791. power to erect over ditches. § 2737. misdemeanor, injury to bridge, § 2737. Index. 1085 BRIDGES— Contiuned. declaring bridges to be public liifflaways, § 2737. Toll, when board to grant authority to construct, §§ 2843, 2872. notice must be proved, § 2844. duty of supervisors granting authority to con- struct, § 2845. license tax and rates of toll, § 2846. report of owner of, § 2847. inquiry of supervisors, fixing tolls, § 2848. when "to direct license to issue, § 2849. bond of owner or keeper of, § 2850. when meets two counties, § 2851. supervisor interested in, disqualified, § 2852. within one mile of another, 2853. owner of laud to be preferred to build, § 2854. how lands are required for use of, § 2855. rates of toll to be posted, § 2856. revenue derived from license tax, § 2857. banks to be kept in repair, § 2858. applications for leave to construct, § 2870. hearing of application, § 2871. action of supervisors thereupon, § 2872. no bridges to be licensed on certain streams, § 2872. ■ supervisors granting authority to construct, may require what. § 2873. use of highways for, § 2874. how constructed over navigable waters, § 2875. supervisors may regulate weight and number of animals to be on bridge at one time, § 2876. over streams navigated by rafts, § 2877. completion of rate of toll, and license tax, § 2878. . persons exempt from paying tolls. § 2879. penalty for avoiding tolls. § 2880. county may purchase, § 2881. protection of, § 2938. license for, § 3378. where assessed. 8 3643. BRIGADES. See National Guard. BRIGADIER-GENERADS. See National Guard. BROKERS, license. § .3379. BUILDINGS, PUBLIC, proceeds of lands granted for, how applied, § 1415. 10S6 Index. BUILDINGS, PUBLIC— Continued. for university, construction of, §§ 143G-143S. temporary, for university, § 1439. labor and material on. §§ 3233, 3234. hours of labor on, § 3245. See Public Works. BURIAL. See Dead Botlies. BUKYING-GROUXD. STATE. See Dead Bodies. number of trustees ot, § 343. trustees, how appointed, § 368. term of office of trustees of, § 3596. title to, § 3596. who may be interred therein, § 3596. duties of trustees of, § 3597. BUSHELS. See Weights and Measures. BUTTE COUNTY, legal distances from county seat, § 154. boundaries and county seat of, § 3922. salary of county .iudge of, § 4.329. salary of district attornev of, § 4330. BY-LAWS of reclamation districts, § 3452. such, to be signed and recorded. § 3452. snbsequoct purchaser governed b.y such, § 34fi9. of corporations. See Corporations. CADETS. See University. CALAVERAS COUNTY, legal distances from county seat, § 155. treasurer of, when to settle with controller, § 3866. boundaries and county seat of, § 3936. salary of county judge of. S 432.S. salary of district attorney of, § 4329. CANCELLATION necessary before registration elsewhfre, § 1104. of entry on great register, § 1105. when entry to be canceled. § 1106. action lies to compel, § 1109. parties to action. § 1111. CANVASS. See Election. CAPITAL STOCK of insurance companies, when to be repaired, § 600. CAPITOL OF STATE at Sacramento, § 145. legislature to assemble at. § 235. secretary of state superintendent of. § 412. (~"ommissioners of. time of making report. § 332. Index. 1087 CAPITOL OF STATE— Coutiuued. niamber of copies of report, § 334. distribution of reports, § 335. number ooniposing board, § 343. who are, § 360. duties, where prescribed, § 697. Fund, amount raised for, § 3713. CEMETERIES. See Dead Bodies. superintendents of, to report interments, § 3026. title to crouuds, §§ 3105, 3108. what constitute, § 3106. under whose control, §§ 3109. 3110. register of interments to be kept, § 3111. permit to bury dead bodies, § 3084. CEXSUS-MAKSHALS. See Schools. CEKl'IFKLvTE of election - to legislature, evi- dence of ^vhat, § 236. on vetoed legislative bill passed, § 311. of secretarv of state, where bill becomes law by lapse of time, § 313. certain, to be filed in office of insurance com- missioner, §§ 607, 608. of filing oath of notary public, § 800. of proficiency to university students. § 1401. of physicians, on examination of insane, § 2215. such, how made, § 2216. of survey by port-wardens, § 2510. of completion of toll road, § 2797. of exempt firemen, by and to whom issued, §§ 3338, .3339. of sale of property for taxes, § 3776. such to be signed and recorded, § 3777. effect of filing such. § 3779. of school teachers. See Scliools. CHAIN defined, § .3212. CHARTERS of municipal corporations preserved, § 19. CHEMIST summoned by coroner, § 4290. CHIEF OF FIRE DEPART:MENT, duties of, § to att'eud fires, etc., § 3.343. CHINESE houses of ill-fame, act concerning, in force, § 19. separate schools for, § 1662. product of labor of not to 1)o used in pul»lic work, § 3235. 1088 ludex. CHOSE IN ACTION, personal property, § 17. to whom assessed. § 3647. taxes on, by whom paid, § 3647. CHUTES. See Wharves, Chutes, and Piers. CITIES, acts incorporatinj? or consolidating, pre- served. § 19. acts authorizing offlcers of, to appoint subor- dinates, preserved, § 19. exempt from laws concerning wharves, etc., § 2920. may adopt sanitary regulations, § 3061. authorities of, may regulate actions, § 3.304. property of, exempt from taxation, § 3607. bodies politic and corporate, § 4354. distriljution of powers. § 4355. declared by the legislature, § 4356. boundaries of, how changed, § 4357. first election of officers of, § 4366. connnon couucil of. See Common Council, oath and bonds of officers, § 4374. executive officers, § 4385. mayor, § 4386. accounts and demands against, § 4387. marshal. § 4389. assessor, § 4390. attorney. « 4391. treasurer. § 4392. clerlj, § 4393. police judge, § 4424. certain statutes concerning, preserved. § 4442. liabilities for injuries by mob or riot, § 44.52. See Municipal Corporations. CITIZENS, people consist of, § 50. who are, § 51. allegiance of, § 55. of the United States, rights of, § 60. See Aliens. CITY AND COUNTY ATTORNEYS, assistants to in cities over hundred thousand, p. 958. Stat, powers and duties of. See Municipal Corpora- tion Bill in General Laws. CITY ATTORNEY, assistants for in cities over one hundred thousand, p. 958, Stat. powers and duties of. See Municipal Corpora- tion Bill in General Laws. CITY INDEBTEDNESS, refunding outstanding § 4445. Index. 1089 CITY INDEBTEDNESS— Continued, form of bond. § 4445. bond to be delivered to city treasurer. § 4446. cancellation of old bonds, § 4446. treasurer to report statement of bonds sold, § 4446. sale, how made. § 4446. assessment to pay interest on bonds, § 4447. redemption, how made, § 4448. failure to levy tax, proceedings to compel, § 4449. See Public Debt. CLAIM before board of examiners, §§ 660-673. military, how audited. § 2094. aiiainst pilot commissioners, § 2491. supervisors, when not to allow certain. § 4070. county officers not to present certain, § 4071. allowance of claims by supervisors, who may oppose, § 4071. against counties, how to be made out, §§ 4072, 4073. against counties, when to be rejected, modi- fied, or paid, § 4074. claimant dissatisfied with allowance may sue, § 4075. of supervisors, how presented. § 4082. disti-ict attornev not to present certain, § 4258. CLERK OF COUNTY, of district court, notice of contested election to be filed with, § 274. duty of, in such cases, §§ 275, 279, 281. ex officio sealer of weights and measures, § 562. duties of, in such capacity, § 563. standards of weights and measures for, § 564. standards of. to compare with those of state sealer, § 566. fees of county sealer. § 567. certificate of. of filing, etc., of bond of notarv public, § 800. to give notice of contest of title to office, § 937. powers and duties of. See §S 107. 108, Coxin- ty Government Bill in General Laws, not to practice law. See § ()5 in County Gov- ernment Bill in General I^aws. to take affidavits for jiensiou claims without charge, p. mO. Stat. 1090 Index. CLERK OF COUNTY— Contiuued. deputies and assistants of county clerk in San Francisco, p. 959. Stat, fees of clerli for record of persons becoming citizens. See General Laws, title "Aliens." assignment of deputies to duties in new courts under new constitution, p. 958, Stat, official bonds to be filed with, § 950. record of official bonds by, § 951. official bond of. where filed, § 986. not to malie public divorce or attachment mat- ters, when. § 1032. to lieep great register. § 1094. must enter names therein, § 1095. rules governing entry, § 1097. duty relative to proof, § 1100. duty, on returns made bv assessor. § 1102. must file aflidavits. § 1103. when to cancel entry, § 1106. must give certificate of registration. § 1107. actions against for refusal to register, § 1108. action to compel cancellation of registrv, § 1109. costs in action against, § 1112. must make copy of register, § 1113. great register to be printed. § 1115. must distribute printed copies, § 1116. to keep ballots returned unopened, § 1265. when to open and when to destroy. § 1266. to deliver returns to supervisors. § 1267. to file copy of register returned, § 1268. to issue certificate of election, § 1284. to make up district returns of election, §§ 1285, 1280. duty on receiving district returns, § 1287. to make up returns of election of state officers, § 1288. duty on receiving state returns, § 1289. duty on returns of election of governor. § 1293. duty on returns of presidential electors, § 1308. may employ messenger, § 1310. proof of necessity of appointment, § 1311. may issue exempt fire certificates, § 3339. statement of result of election for removal of county seat to be filed with. § 3983. ex officio clerk of supervisors, § 4029. ludex. 1091 CLERK OF COUNTY— Coutinued. when to be ex officio auditor and recorder, §§ 4105, 4106. election of, § 4109. to Iveep office at county seat, § 4116. to reside at county seat, § 4119. proliibited from practicing law. etc., S 4121. bond of, § 4122. duties of, §§ 42(>4, 4205. CLERK OF SUPREME COURT, election and term of office, § 749. general duties, where prescribed, § 750. may appoint six deputies, § 751. fees, § 752. fees, how disposed of, § 753. settlements when and ho'W made, § 754. salary, § 755. salary of deputies, § 756. bond, § 757. to reside at Sacramento, § 852. to give notice to disbursing officers of contest of title to office, § 937. vacancy in office of, how filled, § 1001. CLERKS, certain acts authorizing appointment of certain, preserved, § 19. hold office at pleasure of principals, § 371. Of assembly, Iiolds office until election of suc- cessor, § 237. duty of, on organization of assembly, § 239. how elected, § 247. duty of, §§ 253, 261. salary of, §§ 268, 269. duty of, in contested elections, § 292. Of Attoiuey (Tcneral, salary of, § 472. Of Board of Equalization to transmit statements to county auditor, § 3695. may administer oaths, § 3699. to separately perform the duties thereof, § 3890. Of City, duty of, § 4393. when to be chosen, § 4405. Of Controller, number of, S 343. salary of, S 441. Of County. See Clerk, County. Of Election, m;iy administer oath, § 1146. to be sworn, § 1148. 1092 Index. CLERKS- Continued. to keep tallies of votes, § 1258. on district returns, etc., § 1287. Of Police Courts, how appointed, etc., § 4425. Of Register of State Land-office, number, § 343. salary, § 500. Of Secretai-y of State, number, § 343. salary, §§ 420-422. Of State Treasurer, number, § 343. salaries, § 457. Of Superintendent of Public Instruction, salary, § 515. Of Supervisors, assessment-book, etc., to be de- livered to, § 3654. to record proceedings, alterations, etc., of board of equalization, § 3682. countv clerk, ex officio, § 4029. duties of. § 4030. to forward to whom, assessor's enrollment of militia, § 1900. duty of, in relation to road matters. § 2621. Of Supreme Court. See Clerk of Supreme Court. Of Survevor General, number, § 343. salary, § 486. Swamp land of Sacramento county. § 3484. COACHES, hackney, regulations concerning, § 2937. J CODES. Political Code, act establishing, § 1. I when took effect. § 2. ' not retroactive. § 3. construction of. §§ 4. 5. does not affect certain offices, § 6. certain offices, how affected by, § 7. certain actions, not affected by, § 8. limitations, not affected by, § 9. effect of repeal by. § IS. does not affect certain statutes. §§ 18. 19. construction of. in relation to title and revenue, §§ 3891. 3892. construction of. in relation to statutes of 1871-2, §§ 4478, 4479. construction of, in relation to other codes, SS 4480-44^. publication of. § 4494. CODICIL included in term "will." § 17. COIN, taxes to be paid in what. § 3888. Index. 1093 COLLECTION of road poll-tax, §2652. of annual road property tax, § 2653. of delinquent bridge and ferrv license tax, § 2849. of licenses. §§ 3361. 3387. COLLISION of vessels by nea^lect, § 2369. COLUSA COUNTY, legal distances from county seat of, § 156. boundaries and county seat of. § 3916. salary of county judge of, S 4329. salary of district attorney of. § 4330. COMMANDER-IN-CHIEF. See National Guard. COMMISSION of officers, to issue from governor, § 891. form of, issued by governor, § 892. other than those issued by governor, § 893. of deputies, assistants, etci.. § 894. to be issued by governor. § 1291. to military officers. §§ 2061-2063. COMMISSIONER OF DEEDS, governor to ap- point: term of office. § 811. general duties, § 812. effect of acts, § 813. oath of office, Avhere to be filed, § 814. fees, § 815. list of, to be published. § 816. copy of law to be sent to, § 817. may take aclvnowledgments, where §§ SI 2, 813. COMMISSIONERS, Capitol. See Capitol of Slale. court. See Court Commissioner. fish. See Fish Commissioner. harbor. See Harbor Commissioner. highways. See Roads and Highways. immigration. See Immigration. insurance. See Insurance Commissioner. lunacy. See Insane. pilot. See Pilots. reclamation. See Lands. state lands. See Lands, PuMic. tide-land. See Tide-land Commissioners. toll-road. See Roads and Highways. ti'ansportation. See Freight and Fares. water. See Water Commissioners. Yosemite. etc. See Y'osemite Valley and Mari- posa Big Tree Grove. Pol. Code— 92 J 094 Index. COMMISSIONS allowed to auctioneers, § 3309. COMMITTEE, LEGISLATIVE. See Legislature. COMMON COUNCIL, number and election of, § 4366. duty of, for first year, § 4369. • to fix terms of office, § 4370. direct tax imposed by, limitation on, § 4371. may exercise right of eminent domain. § 4372. officers not to be absent without consent of, § 4373. accounts against cities to be audited by, § 4387. president, § 438S. clerk, § 4393. members. § 4403. power, §§ 44(34, 4407. to choose clerk, etc., § 4405. quorum, § 4406. general powers of, §§ 4407, 4408. may improve streets, § 4409. may gTant right of way. § 4410. limitation on such power, §§ 4411, 4413. may contract for gas, water, etc., § 4412. ordinances of. § 4414. See Supervisors. COMMON LAW, statutes in derogation of, con- sti'ued, § 4. rule of decision, § 4468. COMPANIES, fire. See Fires and Firemen. militia. See National Guard. COMPENSATION of certain officers, acts in rela- tion to, preserved, § 19. of members and officers of legislature. §§ 266- 269. of state printer, § 530. of officers of election, § 1072. of messenger with presidential election re- turns. § 1312. of presidential electors, § 1321. sucli, how audited and paid, § 1322. of secretary of board of regents, § 1451. of state board of education, § 1522. of deputy school superintendent of San Fran- cisco, § 1550. of school-census marshals, § 1639. of city board of examination, § 1794. of assessors for enrolling militia, § 1901. Index. 1095 COMPENSATION— Continued. of militiamen, §§ 2065. 2066. of board of directors of insane asylum, § 2140. of inspectors of steamboats in certain case, § 2376. of pilot commissioners, § 2483. of road commissioners, § 2785. of vaccine agent, § 2994. of United States registers and receivei's. § 3410. of district attorney, for prosecuting delinquent purchasers of state lands. § 3553. of guardian of Yosemite valley and Mariposa big tree grove, § 3585. of assessor, for collecting poll taxes. § 3862. conti'oller to withhold certain, from auditor and treasurers. § 3867. - of tax collector, for seizing and selling pei'sonal property, § 3793. of assessor, for collecting delinquent taxes, § 3829. of auditor and assessor, for extra services, § 3893. of deputy assessors, § 3894. of witnesses subpoenaed by supervisors, § 4069. officers, compensation of. See §§ 1.59-215 of County Government Bill in General Laws. certain laws in relation to, preserved, § 4331. not allowed for certain services, § 4333. See Officers. CONDEMNATION. See Eminent Domain. CONGRESSIONAL DISTRICTS, enumeration of, § 117. CONSOLIDATION of cities, acts concerning, pre- served, § 19. CONSTABLES are township officers, § 4104. prohibited from practicing law, § 4121. not to practice law. See § 65 of County Gov- ernment Bill in General Laws. to attend justices' courts, § 4314. governed by what law, § 4315. legalizing official acts of, p. 9.58 Statutes. duties of. See §§ 153, 1.54. of County Govern- ment Bill in General Laws. CONSTITTTTTONAL AMENDMENTS, publication of, § 1195. 1096 ludex. CONSTRUCTION of words givins; ioiut autboritv, § 15. of words and phrases, §§ 14. 1.5, 16, IT. of statutes in aeneral. § 326. of official bonds. §§ 9.59, 960. of contracts, as regards weight and measure. S 3222. of the codes. See Codes. COXTE:MrT. supervisors may punish for, § 4047. CONTESTINO ELECTIONS. See Election. CONTKA COSTA COUNTY, legal distances from county seat, § 157. boundaries and county seat of. § 3954. treasurer of. when to settle with controller, § 3866. salary of county judge of. § 4329. salary of district attorney. § 4330. CONTRACTS, certain officers prohibited from being interested in. S§ 920-923. for supplies to insane asylum, § 2139. to repair wharves, docks, etc.. § 2533. such, to be signed by whom, § 2.541. construction of, with reference to weights and measures. § 3222. material on public buildings to be furnished by, § 32:34. bv supervisors to be made to lowest bidder. § '4047. CONTROLLER OF STATE, number of copies of report to be printed, § 3.34. distribution of reports of, § 335. a civil executive officer, § 343. number of clerics for. § .343. mode of election and term of office, § 348. member of state board of equalization, § 352. chairman, when. § 352. general duties. § 433. to number, etc., cei'tiflcates of settlement. § 434. special duties connected with school fund. § 435. must draw warrants, in what order, § 436. duty of. against defaulters, § 437. salary. § 438. salary of deputy. § 4.39. Index. 1007 CONTROLLER OF STATE— Continued. salary of bookkeeper, § 440. salary of Merks, § 441. official bond, § 442. . to make annual estimate for school expenses, § 443. list of special acts relating; to, § 443. mannea- of ascertaining and paying accounts of state printer, § 536. must not draw warrants until ordered by ex- aminers. § 672. must permit ins])ection of books, § 678. to reside at Sacramento, S .sr)2. prohibited from dealing in certain scrip, § 923. vacancy in office, how filled, § 1001. to draw warants on normal school fund, § 1507. to draw warrants on military fund, § 2098. when not to draw offi'cer's warrant, § 2298. to draw warrant iri favor of person surrender- ing certain certificate of purchase, § 3572. auditor to transmit statement to, §§ 3729, 3763. may require district attorney to prosecute tax collector, § 3755. county treasurer to settle with, §§ 3865, 3866. penalty for faihire to settle with, § 3867. settlement of couBty auditors with, § 3868. auditor to transmit report to. by mail, § 3869. to withhold certain compensation, § 3870. to make entries on auditor's report, § 3873. to deduct fees and mileage, etc., on settlement, § 3871. to allow what mileage to treasurer, § 3876. may direct district attorney to prosecute de- linquent, § 3878. may designate county where certain actions may be brought, § 3879. may employ extra counsel in certain cases, § 3880. to keep record of labels for wine bottles. See Fenal Code. p. .")()1, s 9 Stat. act prescribing duties, p. 1(1.52 Stat. to print labels for pure California wines. See Penal Code, p. 501, S 9 Stat. CONVP]YANCES to the state, where recorded, § 408. ]()US luclex. CONVEYANCES— Coutiuued. by which right of way is acquired, to be re corded, § 2712. tax deeds, effect of, §§ 3786, 37S8. CONVICTS disqualitied from voting, § 1084. insane, reception, etc., at asylum, § 2198. CORONER, when ex officio public administrator, §§ 4105, 4106. duties of. See §§ 142-147 of County Govern- ment Bill in General Laws. penalty for failing to pay over certain moneys, etc., § 4158. disposition of effects, etc., received from, § 4159. fees and expenses of, § 4160. when to act as sheriff. §§ 4191, 4290. to hold inquests, § 4285. to bury body, when, § 4286. to deliver up personal effects of deceased per- son, § 4287. to tile certain statement, § 4288. vacancy in office of, § 4289. wiien to act as pul)lic administrator, p. 10.59 Stat. See Municipal Corporation Bill in General Laws. CORPORATIONS. IN GENERAL. See By-laws. charters of municipal, preserved, § 19. acts concerning gas, preserved, § 19. governor may order inquiry into affairs of. ^ 380. responsible for road poll-tax assessed to em- ployees. § 2671. to make certain statement to assessor, § 3629. individual holder of stock of, when not to be assessed, § 3640. property of, where assessed, § 3641. COSTS, when allowed in action against county clerk, § 1112. in action against delinquent purchasers of state land, § 3555. of surveying, disputed countv boundaries, § 3974. of criminal actions removed. § 434r). COUNTIES. See Public Debt; Public Works. county government bill. See General Laws. acts consolidating, presei'ved, § 19. ..;v Index. 1099 COUNTIES— Continued. acts dividing, into assessment and collection districts, preserved, § 19. acts autnorizing officers to appoint subordi- nates, preserved, § 19. notaries for respective, § 791. attaclied to brigades, §§ 2003, 2005. toll-bridge meeting two, § 2851. may purchase toll-bridges, § 2881. reclamation districts lying in more than one, §§ 3448, 3458. rolling stocli of railroads, how assessed, § 3663. defined, § 3901. number of, in state, § 3902. bodies corporate, § 4000. claims of counties against ^tate, allowance and payment of, p. 1061 Stat, powers of, how exercised, § 4001. name of, § 4002. powers of, § 4003. not to loan credit, § 4004. not to borrow money on temporary loan, § 4005. how classified, § 4006. governed by new census, § 4007. number of supervisors for, § 4022. provisions not applicable to San Francisco, § 4087. officers of, § 4103. township officers, § 4104. ex oflicio duties of officers, § 4105. consolidation of certain offices, § 4106. omission to consolidate, § 4107. oath, bond, and powers of consolidated offices, § 4108. election and term of county officers, § 4109. assistants and deputies, §§ 4112-4114. vacancies, how filled, § 4115. misconduct in office, § 4117. officers at county seat, § 4116. administering oaths, § 4118. ofiicers to reside at county seat, § 4119. absence of officers from state, § 4120. what officers not to practice law, § 4121. official bonds classified, § 4122. bond not fixed by law, § 4123. 1100 Index. COUNTIES— Coutinued. other provisions relating to county officers, § 4124. survey of lands in two counties, § 4269. county charges. § 4.344. costs of criminal actions removed, §§ 4345-4347. new act relating to execution of final proc-ess on creation of new county. See Code of Civil Pi'ocedure, Appendix, p. 864. Boundaries and Countv Seats of: Alameda. § 3953. Alpine. § 3931. Amador, S 3930. Butte, § 3922. Calaveras, § 3936. Colusa, § 3916. Contra Costa. § .3954. Del Norte, § 3909. El Dorado, § .3927. P'resno, § 39.39. Humboldt. § .3914. Invo. S 3[»42. Kern. § 3941. Klamath. § 3910. Lake, § 3917. Lassen, § .3912. Los Angeles. § 3945. Marin, § 3957. , Mariposa, § .39.38. j Mendocino, § 3918. 1 Merced, § 39.34. ]Mono. § 3935. Monterev. § 3948. Napa, § 3958. Nevada, § 3923. Placer, § 3924. Plumas, § 3920. Sacramento. § 3928. San Bernardino. § 3943. San Diego. § 3944. San Francisco, § 39.50. San Joaquin. § 3932. San Luis Obispo. § 3947. San Mateo, § .3951. Santa Barbara. § .3946. Santa Clara, § .3952. ludex. 1101 COUNTIES— Continued. Santa Cruz. § 3949. Shasta, § 3911. Sien-a, § 3921. Siskiyou, § 3913. Solano, § 3956. Sonoma, § 3955. Stanislaus, § 3933. Sutter. § 3926. Tehama. § 3915. Trinity. § 3919. Tulare. § 3940. Tuolumne. § 3937. Yolo. § 3929. Yuba, § 3925. cost of surveying- disputed boundaries, § 3974. Change or removal of counfy seat, petition for removal of, § 3976. election for change of. § .3977. election for, how conducted. §§ 3979, 3980. supervisors to give notice of result, § 3981. place selected to be declared. § 3982. statement of result of electiou to be filed with county clerk. § 3983. electiou for. when not to be held. §§ 3984, 3985. COUNTY ASSESSOR. See Assessor. COUNTY AUDITOR. See Auditor. COUNTY BOARD OF EQUALIZATION. See Equalization. COUNTY CLERK. See Clerk. COUNTRY COURTS. Calaries, S 4.329. COUNTY GOVERNMENT ACT. See General Laws. COUNl'Y INDEBTEDNESS, funding outstanding, § 4048. bonds for, § 4049. • notice to treasurer of transfer of bonds, § 4049. sale of bonds. § 4049. assessment to pay interest on, S 40.50. redenii)tion. S 4051. failure to levy tax. owner may file bond with state controller. § 4052. board of equalization to assume control. § 4052 COUNTY .lAILS. See .Tails. COUNTY .JUIXiE. Salaries. §4329. COUNTY RECORDER. See Recorder. 1102 Index. COUNTY SEAT. See Counties. COUNTY SUPERINTENDENT OF SCHOOLS See Schools. COUNTY SURVEYOR. See Surveyor. COUNTY TREASURER. See Treasurer of County. COURT COMMISSIONER, duties of, where pre- scribed. § 827. COURTS. See Judges, seal of, defined. § 14. Supreme, bailiff of. See Bailiff, clerk of. See Clerk of Supreme Court. justices of. See Judges, library of. See Library of Supreme Court, reporter of decisions. See Reporter of Su- preme Court, reporter, phonographic. See Reporters, secretary of. See Secretray of Supreme Court. Superior. See Judges. Police. See Judges. COURTS-MARTIAL. See National Guard. CREMATION, permit to cremate bodies, § 30&i. CRIMES, right of state to serve process on terri tory ceded to United States. § 34. right of state to punish for, § 37. repeal of act creating, when no bar to indict- ment. § 329. CRUELTY TO ANIMALS. See Animals. CURATIVE ACTS, acts validating applications for school lands, § 3573. DAIRY BUREAU, act relating to. See Penal Code. p. .522. S§ 14 et seq. DAMAGES, award for condemnation of land for road, § 2689. award, when rejected, proceedings, § 2690. award in such cases, how determined. § 2709. appropriation for highways taken for toll-road, § 2788. liability of owners for, done by drivers of teams, § 2936. riparian owners liable for certain, to reclama- tion works. §§ 3486. 3487. sheriff liable in certain. §§ 4179-4182. liability of municipal corporations, § 4452. actions" for such. §§ 4453, 4454. DAY defined, §§ 3259, 3260. ludex. 1103 DEAD BODIES. See Burying-ground of State; Cemeteries, register of interments in San Francisco, § 3023. not to be interred without permit, in San Fran- cisco, §§ 3025, 3026. in San Francisco, not to be removed witliout permit, § 3027. permit for burial, § 3084. disinterring bodies, § 3027. pliysicians, etc., may obtain, for dissection, § 3093. certain officers, to surrender for dissection, § 3094. register of interments, § 3111. requisites of physicians before receiving, for dissection, §§ 3093-3095. coroner, when to bury, § 4286. examination of, § 3093. permit to bury or cremate, § 3084. DEAF, DUMB, AND BLIND ASYLUM, trustees, when to malie report, § 332. number of copies of report to be printed, § 334. distribution of reports, § 335. numbSi' of trustees, § .343. trustees, how appointed, § 368. term of office of trustees, § 369. compulsory education of, § 1687. object of, § 2237. who entitled to benefits of, § 2238, 2239. maintenance of. § 2240. blindness and deafness defined, § 2241. geological cabinet, § 2242. salaries of officers, how paid, § 2248. approval and filing of official bond, § 2244. board of directors, § 2254. powers and duties of such. §§ 2255, 2256. ■ receive no compensation, § 2257. duties of treasurer, § 2280. salary of ti-easurer, § 2281. bonds of treasurer, § 2282. Laws relating to. See General Laws. DEATH of notary public, effect of, § 796. records of, in San Francisco. § 3023. return of, in San Francisco, by physicians, § 3024. 1104 ludex. DEATH- Continued. records of, in Sacramento, § 3046. registry of, § 3076. reports of, to be transmitted to recorder, § 3077. register of, to be kept by recorder, § 3079. recorder to transmit report to secretary of state board of liealth, § 3080. fees of recorder for registry, § 3081. recorder to lieep booli for recording, § 4235. recorder to keep index to register, § 4236. DEBRIS COMMISSIONER, appointment, duties and compensation. See General Laws tit. Mines. DEBTOR, act for relief of in«olvent, preserved, § 19. mav pav creditor's poll-tax, §§ 3848-3850. DEBTS. See Indebtedness, Public Debt. evidences of, personal property, § 17. acts funding state, preserved, § 19. of reclamation districts may be compromised, § 3479. counties not to contract. §§ 4004, 400.5. board of supervisors not to contract certain, § 4070. DEFECTS in official bonds not vitiating, § 963. DEFINITIONS, acre, § 3213. allesiance, § 55. baiTel. § 3217. blindness, § 2241. bushel, § 3223. cemetery. § 3106. chain, § 3212. citizens, § 51. city, § 4356. deposition, § 17. elisor, § 4192. "full cash value," § 3617. sallon. § 3216. hogshead, § 3217. holidays, §§ 10. 11. improvements. § 3617. land, § 17. \ayv. § 44()6. leap-vear, § 3256. lumber, § 2.389. Index. 1105 DEFINITIONS— Continued. magistrate, § 17. mile, § 3212. month. § 17. night-time, § 3260. notice, § 4175. oath, § 17. officer, peace, § 17. ounce, § 3215. ^ peace-officer, § 17. person, § 17. pound, § 3215. process, §§ 17, 4175. property, § 17. real. S§ 17, 3617. personal. §§ 17, 3617. rod, § 3212. seal, § 14. signature. § 17. state, § 17. swear, § 17. testify, § 17. tickets, § 1185. ton, § 3215. trade-mark, § 3106. United States, § 17. VGSsd ^ IT » words' of description, §§3903-3908. writ, § 17. writing, § 17. year. § 17. DELINQUENTS. purchasers of state lands. See Lands. tax-payers. See Taxes. DEL NORTE COUNTY, legal distances from county seat. § 158. boundaries and county seat of, § 3909. treasurer of, when to settle with controller, § 3866. salary of county .judge of, § 4329. salary of district attorney of, § 4.330. DEPOSIT by insurance companies with commis- sioner, §§ 618-620. county treasurer may make special, in banks, § 4161. Po!. Code- 93 1106 Index. DEPOSITIONS defined, § 17. in contested election cases, §§ 275-279. to be transmitted to secretary of state, §§ 281, 282. by board of examiners, § 6.59. DEPUTY, acts authorizing appointment of, pre- served, § 19. holds at pleasure of principal, § 371. county ofllcer not to act as, of another oflacer in county. § 84.3. power to perform duties of principal, § 86.5. how appointed. §§ 876, 894, 4113. number. §§ 877. oath, § 910. powers and liabilities. § 4114. DESCRIPTION, words of, §§ .3903-3908. DIPSOMANIACS. Home of Inebriates, § 3022i/>. DISEASES. See Health. DISINTERMENT. See Dead Bodies. DISMISSAL, acts authorizing dismissal of certain actions by state, p. 957. DISQUALIFICATIONS. See Qualifications. DISSECTION, physician may obtain botlies for, §§ 3093-309.5. DISTANCES. LEGAL. See Legal Distances. DISTRIBUTION of statutes. §§ 318. 409. of rejiorts of supreme court. § 410. boolvs to be marked before, § 411. of printed copies of great register. § 1116. of property of decedent to be withheld till taxes paid. § 3752. DISTltlCT ATTORNEY, duty as to intrusion on public lands. § 42. powers and duties. See County Goyerument Bill and Municipal Corporations Bill iu Gen- eral Laws. ■ to prosecute auctioneers, when. § .3.323. duty as to delinquent purchasers of state lands. §§ .3536. .3.546. to proceed against delinquent purchasers, 3547. 3.548. to file co]>y of decree in such case, § 3550. dismiss suit against delinquent purchasers, when. § .35.51. compensation of. in such cases, § 3553. to institute action on assessor's bond, when. §§ 3661, 3698. Index. HOT DISTRICT ATTORNEY— Continued. to institute against tax collector, when, § 375.5. controller may require, to commence certain action. § 3878. consent of, to alter assessment-book, § 3881. settlement with auditor, § 3889. office at county seat, § 4116. to reside at county seat, § 4119. bond, § 4122. penalty for neglecting to pay over certain moneys, § 4157. duties, § 425(3. legal advisor of supervisors, § 4257. not to act for claims against countj^ § 4258. salary, § 4330. fees of in certain counties, § 4330. salary, how paid, § 4328. - to prosecute violations of statute to prevent decei^tion in sale of butter and cheese. See Penal Code, p. 517, stat. assistants of in San Francisco, p. 960. stat. to prosecute pei-sons selling liquor near the sol- diers' home. See Penal Code appendix. DISTRICTS, acts dividing counties into assess- ment and collection, preserved, § 19. Road. See Roads. Reclamation. See Lands. School. See Schools. DITCHES. Iiow assessed. § 3663. roads, ditches over, bridging of, § 2737. DIVIDENDS, by insurance companies, § 618. DIVORCE, pleadings and testimony not to be made public, § 1032. DOCKAGE. See Wharfage. DOCKET, attorney general to Iveep, § 470. DOCKS. See Wharves. DRAFT. See National Guard. DRAINAGE. See Reclamation Districts. acts i-elating to. See General Lau-s, title Drainage. DRAWBRIDGE, over navigable streams. § 2875. liow regulated, § 2S7(!. DRIFTWOOD. See Lumber. DRILLS. See National Guard. DRUM CORPS. See National Guiird. 1108 Index. DRUNKARDS, custody and restraint of, § 37. home for. See Home of the Inebriate. home of inebriates, § 30221/7. DRUNKENNESS. See Intoxication. DUMB. See Deaf, Dumb and Blind. DUPLICATE of lost certificate of purchase, § 3518. of lost or defaced land warrants, §§ 3566-3569. assessment-book. See Taxes. EASEMENTS AND SERVITUDES acquired by establishing highway, § 2631. EDUCATION. See Schools. EDUCATION, STATE BOARD OF. See Schools. See General Laws, tit. Education. EEL RIVER, act regulating salmon fisheries in preserved, § 19. EL DORADO COUNTY, legal distances from county seat, § 159. boundaries and county seat. § 3927. treasurer, when to settle with state, § 3866. salary of count.y judge. § 432&. salary of district attorney, § 4330. ELECTION, day of general, holiday, § 10. certificate of, eyidence. § 236. of officers of legislature. § 247. of members of legislature, who may contest, § 273. proceedings in contest. §§ 274-283. of goyernor or lieutenant-goyernor, who may contest. § 288. proceedings, §§ 289-295. of certain officers provided by constitution, § 348. for school trustees, § 1593. of clerk of supreme court. § 749. to fill vacancies in legislature, § 998. to fill vacancies. § 1001. general, when held. § 1041. .iudicial. abolished. § 1042. special, when held, § 1043. proclamation bv the aovernor, § 1053. of United States senators. §§ 1332, 1333. of members of congress. § 1343. to levy school tax, § 1830. notice, § 1831. Index. 1109 ELECTION— Continued. of regimental oftioers of national guard, § 1985. returns, § 1986. of militia officers in actual service, § 2052. to remove county seat, § 3976. how ordered, § 3977. notice, § 3978. bow conducted, § 3979. ballots, § 3980. returns, § 3981. result, where filed, § 3983. when not to be ordered, § 3985. of county and township officers, § 4109. first, for "common council," § 4366. first, for city officers, § 4367. qualifications of electors,. § 4368. jurisdiction of common council over, § 4407. sale of liquor on election days is misdemean- or. See Penal Code, Appendix, p. 580. publication, constitutional amendments, § 1195. lodginj?-hoiise keepers and landlords, lists by, § 1094. two hours allowed to employes, § 1212. no supplies to be destroyed, § 1214. piece clubs and extortion from candidate, act prohibiting, p. 1014, Stat. purity of, act to promote, p. 961 et seq. commission to examine, test and investigate voting machines, p. 961, Stat. Actions — to compel registration, § 1108. for refusal to cancel cntrv, § 1109. parties, §§ 1110. 1111. costs, against whom taxed, § 1112. . Affidavit- made to assessbr, § 1103. Appointment — of election boards, § 1142. of election boards by electors, § 1144. of clerks of election, § 1147. of judges and inspectors of election for school tru^ees, § 1596. Arrest — electors privileged from, § 1069. 1110 lufiex. teLECTIOX— Continued. Assessors — to keep roll of electors. § 1098. enrollment to show. what. § 1099. to indorse certificate. § 1100. to make retm-ns, § 1101. Ballot-box— to be exhibited at polls, § 1162. ballot boxes, § 1203. form of, § 1203. Ballots— ]japei- to be used, § 1196. error in i^riuting of. § 1200. delivery of and receipt for, § 1201. ])(jwer of court to open, § 1265. act to prevent circulation of bogus tickets, p. 1014. Stat. countv clerk, inspection of ballots, when per- mitted, § 1265. clerks, § 1202. form of, § 1197. how printed, § 1197. sample ballots. § 1210. and other printing to be at public expense, § 1185. bound books of, § 1198. county clerk to provide. § 1196. furnishing of, § 1196. unused ballots, § 1207. void ballots. § 1211. used at election for school trustees, § 1.599. used at election to levy school tax. § 1834. used at election to change county seat, § 3980. Blanks- furnished by supervisors, § 1073. Boards of Election- how appointed. §§ 1142, 1144. .i^ds^s of. not to be of same party, § 1143. appointment of, § 1131. qualifications of members, § 1142. what constitutes, § 1142. .iudges and clerks may administer oath. S 1146. to be sworn, § 1148. to post copies of great register, § 1149. to proclaim opening of polls. § 116.3. to proclaim closing of polls, § 1164. ludex. nil ELECTION— Continued. when to issue certificates of election, § 1363. ballot clerks, § 1202. additional officers, § 1202. inspector, powers of, § 1145. lailure to appoint or to attend, § 1144. refusal to act, a misdemeanor, § 1142. Boundaries— of election precincts, § 1127. of election precincts, altered how, § 1129. Candidates- certificate of nomination, § 1187. certificates of nominations, where to be filed. § 1189. certificates of nomination to be preserved, § § 1191. certificates of nomination,, defects in, § 1192. withdrawal of, § 1192. secretary of state to certify names of nomi- nees, § 1193. false nominations, § 1213. liovv- may be nominated, § 1188. no person to recommend two, § 1190. Cancellation — of entry on great register, §§ llOo, lior). action to compel, § 1108. parties, §§ 1110, 1111. necessary before registration elsewhere, § 1104. Cajivass of Votes — public and without adjournment, § 1252. commenced, how. § 1253. l)allots to a.gi"ee with names on list, § 12.54. counting votes, § 1257. tallies, § 1258. tickets to be strung and inclosed in sealed en- velopes, § 1259. return lists, § 1260. papers to be sealed up, § 1261. inspector to keep papers, § 1262. return and ballots, to whom delivered, § 1263. delivery by member of board, § 1264. . to issue proclamation of special election, § 1056. to have blanks prepared, § 1073. to establish precincts, § 1127. may niter boundaries of precincts, § 1129. limitation of powers of, § 11.30. may designate place of election, § 1131. to canvass returns, § 1278. to enter statement of record. § 12S2. to declare result, § 1283. 1120 Index. ELECTION— Continued. to order election for removal of county seat, § 3977. Tallies- how kept. § 1258. must be kept and returned, § 1601. Tax- election to levy school. § 1830. Tickets- See Ballots. Tie Vote- proceedings on, §§ 1067, 10G8. Time — of opening and closing polls. § 1160. Violations — See Penal Code. Vote- plurality to elect. S 1066. when rejected. § 1238. as ballots. See Ballots. Voter- qualifications of, § 1083. A'oting — when to commence and continue. § 1224. manner. § 1225. putting ballots in box, § 1227. record, how liept. § 1228. for school trustees. § 1.599. secrecy of the ballot provided for. S 1213. booths, occupancy of. § 12010. harbor-master at Eurelia, § 2.572. commissioners and road overseers, § 2831. commissioners of immigration, § 2965. health-officer of San Francisco, § 3020. recorder for i-ecording births and deaths, § 3081. officers in relation to lost and unclaimed prop- erty, § 3157. recorder for recording brands, § 31G8. secretary of state for recording trade-marks, § 3198. for licenses, § 3364. recorder for recording sale of certificate of purchase, § 3517. in relation to purchase of state lands. § 3574. tax collector for making delinquent list. § 3770. county treasurer for redemption of property sold for taxes, § 3817. tax collector for seizing and selling personal property, § 3793. of certain county officers, withheld and for- feited when. § 38G7. surveyor appointed to survey land. § 4275. of witnesses or officers not prepaid in certain case. § 4069. of coroners and elisors. § 4192. of clerk for index of citizenship, § 4205. certain statutes concerning continued in force. § 4331. county officers to be prepaid, § 4332. none for services on habeas cori^ns. § 43.33. of city officers, by whom regulated, § 4408. pension affidavits or services, no fees to be paid for. p. 960. Stats. See General Laws, title "Fees." Index. 1125 FEMALES, women eligible to educational offices, § 84!1. affidavit of, to purchase state lands, §§ 3444, 3501. FEMININE GENDEiR, Included in masculine, § 17. FENCES, acts in relation to, preserved, § 19. removal of, § 273. FERRIES, supervisors to grant authority to con- struct, § 2843. notice must be proved, § 2844. duty of supervisors, § 2845. license tax and rate of tolls, § 2846. repoi't of owner or lieeper, § 2847. inquiry of supervisors fixing tolls, § 2848. when license to issue, § 2849. neglecting to pay license tax, § 2849. bond, §2850. where joins two counties, § 2851. when supervisor disqualified, who to act. § 2852. within one mile of anothei", § 2853. owner of land preferred, § 2854. •lands, how acquired for, § 2855. rates of toll to be posted, § 2856. proceeds of license tax, § 2857. owners to keep banks in repair, § 2858. application for leave to erect, § 2892. duty of supeiwisors, § 2893. powers of supervisors, § 2894. penalties, how disposed of, § 2895. where assessed. § 3643. license for. § 3378. P^IGURES, may be used in assessment-book, § 3884. FINE'S AND PENALTIES of insurance compan- ies by commissioner, 8§ 598, 617. militia, how collected. § 1935. by courts-martial, how collected, § 2080. for ol)stru('ting n;ivignltle streams. S 2350. violating rules of navigation, §§ 2367, 2370. racing steamers, S 2373. ship-owners liable for masters or engineers, § 2378. 1126 Judex. FINES AND PENALTIES— Continued. violating rules of navigation, recovered how. § 2379. unlawfully acting as port-warden, § 2511. imposed by harbor commissioners, § 2570. trespass on sidewalks, § 2632. neglect to remove ooslructions from highway, § 2733. leaving gates open, and riding off road, § 2736. obstructing or injuring highways, § 2737. injuring mile-stones and guide-posts, § 2738. felling trees on highways, § 2740. application of. § 2743. obstructing toll-roads, § 2816. action for, trespass on toll-roads, § 2817. avoiding tolls. § 2880. employing driver addicted to Intoxication, § 2682. leaving horses standing without being tied, § 2934. how and by whom recovered. § 2935. riding or driving fast over bridge, § 2938. neglect to give bond relative to immigi-ation. § 2956. violating immi.gi-ation laws, § 2959. violating registry laws as to births, deaths, etc.. § 3082. using more than one mark or brand. § 3183. auctioneer overcharging. § 3309. auctioneer failing to report or falselv reporting, \ § 3322. recovered, how, § 3323. witness refusing to give testimonv in certain case, § .3632. assessor failing to render statement to state board of equalization, § 3656. refusing to obey i-ules of state board of equal- ization. § 3697. fraudiilentlv assessing propertv below value. § 3698. tax collector not filing statement and paying over moneys. § 3754. county treasurers failing to make settlements. § 3867. Index. 1127 FINES AND PBNALTIE5S— Continued. auditor failing to malie certain report, § 3870. for violating revenue laws, how disposed of, § 3868. supervisor's malfeasance in office, § 4086. county treasurers neglecting to settle and re- port. § 41.56. sheriff's failure to return process, § 4179. sheriff's failure to pay over moneys, § 4181. sheriff" suffering escape, § 4182. sheriff suffering rescue, § 4183. municipal authorities may impose, § 4408. FIRE, setting woods on, treble damages for, § 3344. calling out what persons to extinguish in woods, § 334.5. FIRE DEPARTMENT. See Firemen. act authorizing unincoiTporated cities to main- tain, p. 1014. act to increase efficiency of, p. 1029. FIREMEN, salaries of officers of cities of first class, 1). 1030, Stat. vacations to members of, p. 1021, Stat. exempt firemen, enrollment into companies, p. 1022, Stat. exempt firemen's relief fund, p. 1022, Stat. acts exempting firemen in certain counties from poll tax, p. 1029, Stat. act requiring foreign insurance companies to l)ay premiums for benefit of disabled fire- men, p. 1025, Stat. pensions for members of, p. 1021, Stat. fire companies, how organized, § 3335. to elect officers and- adopt by-laws, § 3336. exempt from military and jury duty, § 33.37. exempt certificate, by and to whom issiied, §§ 33.38, 3339. seal of fire department, § 3340. secretary to keep record, § 3341. duties of chief of fire department, §§ 3342, 3343. fire department to be established in cities, § 4408. 1128 Index. FISH AND GAME WARDEN, creation of office, p. 1031, Stat. FISH COMMISSIONERS, importation and pre- servation of game bird.s, p. 1035, Stat, disposal of hatchery in Battle Creek, p. 1034. Stat, acts relative to purchase or construction of steam launches, p. 1034. salmon hatchery, building and maintaining. § 1034, Stat, construction, maintenance and regulation of fisheries, p. 1032, Stat, removal of obstructions in Pitt river, p. 1032, Stat, when to report to governor, § 332. copies of report to be printed, § 334. distribution of reports, § 335. number of members of, § 343. appointed *by governor, § 368. i term of office. § 369. general duties. § 642. receive no compensation, § 643. FOOT defined. § 3211. FORFEITURE, by assessor, for neglect, § 3656. by parties falling to comply with rules of stare board of equalization. § 3697. of fees by county officers, § 3867. of compensation of auditor for neglect, § 3870. for violating revenue laws. § 3886. by county treasurer for neglect, § 4156. FORMS of indorsement on legislative bill when .received by governor, § .309. indorsement on vetoed bill, § 311. indorsement by secretary of state where bill becomes law by lapse of time, § 313. approval of claim bv board of examiners. 661. oath of offi'ce. § 904. poll list. § 1174. ballot. § 1197. statement in blank to be furnished assessoi*. § 3a30. assessment book. § 3651. ludex. 1129 FORMS— Continued. affi'davit of assessor in assessment-book, § 3652. want of, not to vitiate assessment, § 3885. in relation to assessment of property, by whom prepared, § 3692. affidavit of cleric of supervisors relative to equalization, § 3682. affidavit of auditor in correcting assessment- book, § 3732. FRACTION, computing in assessment-book, §§ 3730, 3731. FRANCHISE-BOOK, supervisors, § 4081. FRAUD in branding cattle, § 3184. prosecuting assessor for, § 3698. FREEHOLDERS. See General Laws, title "Board of Freeliolders." FREE PUBLIC MARKET, act authorizing main- tenance in San Francisco, p. 1040. 'j FRESNO COUNTY, act for better protection of stock-raisers in, preserved, § 19. legal distances from county seat, § 160. boundaries and county seat, § 3939. salary of county judge, § 4329. salary of district attorney, § 4330. FUEL for state officers, § 413. bow paid, § 414. FUGITIVES FROM JUSTICE, duty of governor, § 380. FUNDS, acts relative to state, preserved, § 19. state library, § 416. school, special duties of controller, § 435. general, § 4.54. school, conversion of, into bonds, §§ 680-682. for current expenses of university, § 1434. of university may be drawn from state treas- ury. § 1435. school, apportionment of, §§ 15.32, 1543. state library, § 2.300. general road. S 2653. commutation, to what applied, § 29.58. amount to be raised for various. § 3713. school poll-taxes to be collected, to be paid into. § 3861. Pol. Code— 95 1130 Index. FUNDING INDEBTEDNESS. See City Indebt edness; County Indebtedness; Public Debt. GALLON, standard of liquid measure, § 3216. GAME, act protecting, near Lake Merritt, pre- served, § 19. GAMBLING, city authorities to prohibit, § 4408. GAME BIRDS, importation and preservation of, p. 103.5. Stat. GAME WARDEN, creation of office, p. 1031, Stat. GARDENS, toll-road not to pass through. § 2790. GAS COMPANIES, act concerning, preserved, § 19. may lay pipes in streets, §§ 4410, 4411. restrictions on power to grant privilege, § 4412. See Inspector of Gas Meters. GEOLOGIST OF STATE, appointed by governor, § 368. term of offl'ce, § 369. general duties, § 548. report to governor, § 549. to deliver specimens to university, § 550. compensation, § 551. compensation of assistants, § 552. accounts to be audited, § 553. reports and maps to be sold, § 554. GOPHERS. See Squirrels. GOVERNMENT. See Seat of Government. GOVERNOR, duty as to intrusion on public lands, § 42. election, by whom contested, § 288. proceedings in contesting election. §§ 289-295. legislative bill received by. to be indorsed and dated, § 309. approval of bill by. § 310. veto by, § 311. veto, Avhen house not in session, § 312. bills remaining •^\'itli. unsigned ten days. § 313. a civil executive officer. § 343. election and term of office. § 348. member of state board of equalization, § 352. ex officio regent of university, § 353. ex officio trustee of state normal school. § 354. ex officio member of state board of examiners, § 364. Index. 1131 GOVERNOR— Continued. ex officio member of state capilol commission- ers. § 366. ex officio member of board of state prison di- rectors. § 367. to appoint what officers, § 368. private secretary and executive clerk. § 370. powers and duties, § 380. to transmit list of appointments to legislature, § 381. to cause kept certain official records, § .382. persons acting as, § 383. salary, § 384. salary of private secretary, § 385. salary of executive clerk, § 386. act authorizing employment of stenographer, p. 1035. Stat. official acts, by whom attested. § 408. chairman of state l3oard of examiners. § 654. to appoint notaries public, § 791. may appoint commissioners of deeds. § 811. to I'eside at Sacramento, § 852. must appoint all officers not otherwise provid- ed for, § 875. to make nomination to senate in writins, § 889. concurrence of senate in nomination by, § 890. must commission what officers, § 891. oath of office. § 905. duties in relation to state geologist, § -549. resignation, how made, § 995. resignations to be made to. § 995. to issue writ of election in case of vacancy in legislature. § 998. to fill certain vacancies, §§ 1000-1002. to issue proclamation of election. §§ 10.53. 10.54. to issue commissions. § 1291. returns on election. § 1292. how transmitted, § 1293. canvass of returns. § 1296. duty in relation to returns of presidential elec- tors. § 1314. to issue certificate of election to members of congress. § 1347. 1132 Index. GOVEENOR— Continued. to appoint regents of university, § 1426. to fill vacancies in board of regents, § 1427. president of the board of regents, 1429. to commission officers of university cadets, § 1474. commander-in-chief of national guard, § 1916. ex otiicio member of state harbor commission, § 2531. ex officio commissioner of Yosemite valley and Mariposa big trees, § 3584. acts providing for purchase of portraits of cer- tain governors, p. 1035. GRADES IN SCHOOLS, primaiT and grammar, § 1663. GREAT REGISTER. See Election. GREAT SEAL, custody, § 408. affi'xed to what, § 408. fees for affixing, § 416. what, § 1027. GUAILDIAN, how to be assessed, § 36.39. GUIDE-POSTS, penalties for injuries to, § 2738. toll-road companies to erect, § 2796. GUNPOWDER, city authorities to restrict use of, § 4408. HABEAS CORPUS, no fees for service in, § 4333. HACKS, licensing, § 4408. HALF-BUSHEL, standard of solid measure, §§ division of, § 3219. HARBOR COMMISSIONERS, state board of, time of making report, § 332. number of copies to be printed, § 3.34. distribution of reports, § 335. members composing, § 343. appointment and term of office, § 362. vacancy, how filled, § 1002. appointment of commissioners, § 2520. bonds, secretaries, and their duties, § 2521. employees and their duties, § 2522. actions for property, money, and to remove obstructions, § 2523. water front of San Francisco in charge of commissioners, § 2524. I Index. 1133 HAKBOE COMMISSIONERS— Continued. authorizing alignment of East street, p. lOoO, Stat, jurisdiction of, extending over East street, \). 1036, Stat, act authorizing construction of railroad by, i*. 1037. acts conferring powers on, in San Francisco, § 1036 et seq. repairs upon private wharves, p. 1043, Stat, setting apart pail of water-front for fishej* men, p. 1041, Stat, maintenance of free market in San Francisco, p. 1040, Stat, act authorizing commissioners to do dredging, p. 1045, Stat, act authorizing reduction or abolishing of charges, p. 1043, Stat, penalties for failure to pay tolls or for false returns, p. 1035, Stat, adjustment and compromise of claims, p. 1045, Stat, transfer of funds, p. 1046, Stat, jurisdiction over water-front of San Francisco, p. 1036. Stat, control of water-front and wharves, § 2524. extension of streets along water front, § 2525. limit of money to be collected, § 2526. contracts, § 2527. disposition of moneys collected, § 2.528. vouchers, drafts, and waii'ants, § 2529. reports and receipts, § 2530. ex officio members of board, § 2.531. new sea-wall for San Francisco harbor, § 2532. San Francisco harbor improvement fund, § 2.533. limit of compensation for collecting dockage, § 2534. duties of state treasurer, accounts, and books, § 2.5.35. proposals and contracts for construction of new sea-wall, § 2536. report.s of commissioners, § 2537. maps of clianges of streets, etc., § 2538. 1134. Index. HARBOR COMMISSIONERS— Continued. office and duties of chief wharfinger, § 2539. duties of cliief wharfinger as to boats adrift. etc., § 2.540. refusal to obey chief whai-finger, § 2-541. obstructions to navigation, § 2542. speed of horses and vehicles on wharves, § 2.543. jurisdiction of police court, § 2544. limitation on appointment of employees, § 2.545. official bonds, § 2546. seal, § 2547. when no toll or wharfage to be collected. § 2548. collection in gold and silver coin, § 2549. special policemen, § 2550. pending actions, § 2551. salaries, § 25.52. duties of attorney-general, § 2553. Eurelva, number, § 343. how appointed, §§ 362, 2567. survey and jurisdiction, § 2.568. duties, rules, and regulations, § 2569. penalties, § 2570. compensation. § 2571. fees of harbor-master, § 2572. San Diego, liarbor commissioners of, §§ 2575- 2608. HARBOR MASTER, office at San Francisco to become extinct, § 3554. HEALTH, state to preserve public, § 37. mnuicipal authorities to establish regulations. § 4408. health officer appointed by supervisors, § 3059. health officer appointed in lieu of board of health, §3062. compensation of health officer, § 3064. failure to appoiot health officer and board of health, proceedings on, §3064. See Quarantine. State board of. time of making report, § 332. number of copies to be printed, § 334. distribution of reports, § 3.35. Index. 1135 HEALTH— Continued. State Board of — members composing, § 343. appointment by governor, § 368. term of office, § 309. wlio constitute, § 2978. duties, § 2979. to make certain reports, § 2980. time and place of meeting, § 2981. members receive no compensation except, § 2981. duties and salary of secretary, § 2982. expenses of, limited, § 2983. San Francisco Board of, members composing, § 313. how elected and term of o'ffice, § 360. constituted how, § 3005. president, and meetings, § 3006. to elect health officer, § 3007. powers of health officer, § 3008. to appoint deputy health officer, etc., § 3009. inspectors to be appointed, § 3009. other employees to be appointed, § 3009. compensation of officers, § 3010. inspectors' salaries, § 3010. expenses of health officer, § 3011, general powers of, § 3012. number of inspectors may be increased, § 3012. ship-masters to report infected vessels, § 3013. passengers and freight of infected vessel, § 3014. duties of pilots, § 301.5. penalty for ship-master's neglecting to comply with regulations. § 301G. vessels from infected ports, etc., subject to quarantine, § 3017. examination of infected vessels, § .3018. passengers not to be lauded without pei-mit, § 3019. fees of health olhcer, § ,3020. vaccination, § ,3021. hospital, § 3022. records of births, deaths, and interments, § 3023. 1136 Index. HEALTH— Continued. San Francisco Board of— returns of birtlis, deatlis, and still-born chil- dren, §.3024. bodies not to be inteiTed witliout permits, § 302.5. return of interments, § 3026. bodies not to be removed Avithout permit, § 3027. nuisances abated bow, § 3028. health officer to keep fee-book, § 3029. bond of healtli officer, § 3030. health officer may administer oaths, §3031. actions in whose name maintained, § 3032. vacating infected houses, § 3033. physicians to report infectious disease, § 3034. to have charge of cemeteries, § 3035. Saci-amento Board of, members composing, § 343. appointment and term of office, § 361. how constituted. § 3042. term and vacancies, § 3043. powers. § 3044. pest-houses, § 304.5. death records, § 3046. health offi'eer when appointed, § 3047. enforcement of regulations. § 3047. expenses, paid how. § .3048. compensation of health offi'eer. § .3049. HIGHWAYS. See Tioads and Highways. HOGSHEAD defined. §.3217. HOLIDAYS defined. §§ 10. 11. certain acts not to be done on. § 12. to be excluded in computing time. § 12. HOME OF THE INEBRIATE, act in relation to, preserved, § 19. HOR^SES. to be fastened while standing on high- wavs. § 2934. HOSPITALS, in time of epidemics, §§ 3022. 3045. persons dying in. may be dissected, § 3094. municipal authorities to maintain, § 4408. HOURS OF L.VBOR. See Labor. HOUSE OF ILL-FAME. See Ill-fame. HUMBOLDT BAY AND BAR. pilot commission- ers. §§ .343, 2441. pilots, how appointed and removed, § 2476. Index. 1137 HUMBOLDT BAY AND BAR— Continued. rules governing- pilots, § 2477. pilots to be attached to steamboats, § 2478. pilots having priority, § 2479. pilotage and towage, § 24S0. pilot responsible, when, § 2481. pilot commissioners to recover forfeiture, etc., § 2482. compensation of pilot commissioners, § 2483. secretary to publish receipts, § 2484. pilots to observe regulations, § 2485. pilot's license, forfeited how, § 2486. pilot losing vessel, § 2487. extra services, § 2488. full pilotage, § 2489. further fees, § 2490. claims against board of pilot commissioners, § 2491. HUMBOLDT COUNTY, act to regulate salmon fisheries in Eel river, preserved, § 19. legal distances from county seat, § 161. treasurer, when to settle with the state, § 3866. l)Oundaries and county seat, § 3914. salary of cormty judge, § 4329. salary of district attorney, § 4330. ILL-FAME, Chinese house of, act for suppression in force, § 19. IMMIGRATION, appointment of commissioners, § 368. term of offi'ce of commissioners, § 369. duties of masters of vessels arriving in Cali- fornia, § 2949. form of report, § 2950. oath to certain passengei's, § 2951. lazarettos for lepers. § 2952. nature of bond, § 2954. examination and disposition of lepers fees, action on bond, § 2956. penalty for neglect to give bond, § 2957. commutation fund, § 29.58. fines and penalties, lien on vessel. § 2950. other commutations, § 29<'>0. commutation money to be paid into state treasury, § 2961. 1138 Index. IMMIGPtATION— Continued. certain vessels exempted, § 2962. certain persons exempted, § 2963. powers and duties of commissioners of iuiiiii- gration, §§2964, 2969. fees, § 2965. ex officio commissioners, § 2966, bond of commissioner, § 2968. leprosy fund, § 2969. INEBRIATES, liome of, § 3022V'. IMPRISONMENT, right of state to order, § .iT. IMPROVEMENTS defined. § 3617. assessment reduced or increased, § 3693. tax of, on what, lien, § 3718. street, § 4409. INCH defined, § 3211. INDEBTEDNESS. See City Indebtedness; Coun- ty Indebtedness. INDEX, county clerk to keep certain, §§ 2217, 4204. recorder to keep certain. § 4236. INDICTMENT, repeal of act, when no bar to. § 329. district attorney to draw. § 42.56. INDORSEMENT, on legislative bill, § 309. vetoed bill, § 311. legislative bill, by secretary of state, § 313. warrants not paid for want of funds. § 414S. INEBRIATE, HOME OF. See Home of Inebri- ate. INFANCY. See Feeble-minded Children. INFANTRY. See National Guard. INITIALS, in desci'ibing land on assessment-book, § 3884. INJUNCTION against use of trade-marks. § 3199. INNKEEPER, lien on goods. § .31.52. INSANE ASYLUM, offi^cers, when to report. § :532. copies of report to be printed, § 334. distribiition of report, § 335. directors of, § 343. by wJiom appointed. § 368. term of offi^^e. § 369. vacancy in board of directoi's, § 1003. location and control of, § 2136. Index. 1139 INSANE ASYLUM- Continued. powers and duties of directors, § 2137. moneys for support, how drawn, § 2138. directors to contract for supplies, § 2139. compensation of directors, § 2140. medical superintendent, § 2150. medical superintendent, term of office, § 2151. medical superintendent, powers and duties, §§ 2152, 2153. salary of medical superintendent, § 2154. bond of medical superintendent, § 2155. assistant piiysiciaus, § 21G5. assistant physicians, term of office, § 2166. assistant physicians, general duties, §§ 2167, 2168. senior assistant, when to act as superinten- dent, § 2168. salaries of assistant physicians, § 2169. treasurer, § 2179. treasurer, tenure of office, § 2180. treasurer, general duties, § 2181. treasurer, salary, § 2182. treasurer, bond, § 2183. salaries, how^ paitl, § 2193. approval and filing of official bonds, § 2194. residence of physicians, § 2195. business of physicians, § 2196. discharge of patients, § 2197. insane convicts. § 2198. restrictions upon admission of non-residents, § 2199. disposition of moneys unexpended on death or discharge, § 2200. examination for admission, § 2210. number of witnesses, § 2211. physicians to appear and testify, §'2212. duty of witnesses. § 2213. duty of physicians. § 2214. certificates of physicians. § 2215. certificates on forms, § 2216. commitment, § 2217. commitment, action of judge. S 2217. commitment, duty of clerlv. S 2217. sheriff to deliver persons to. § 2218. 1140 ludex. INSANE ASYLUM— Continued. money found on insane persons, § 2219. certain insane not admitted to, § 2220. fees of sheriff, § 2221. fees of physicians, § 2222. female patient, how delivered to, " 2218. acts relating to. See General Laws. INSOL\'ENCY, act for relief of, preserved, § 19. of insurance companies, §§ 600, 601. what constitutes. § 602. See the act of 1895, in Code of Civil Procedure, Appendix, tit. "Insolvency." INSPECTOR OF GAS METERS, governor to ap- point. § .368. term of office, § 369. apparatus for testing meters, § 577. seal, § 578. deputies, § 579. to inspect meters, when, §§ 580, 581. compensation. § 582. residence. § 58.3. bond. § 584. INSPECTOR OF STEAMBOATS, to supervise spark-catchers. § 2375. compensation. § 2376. INSPECTORS OF ELECTION. See Election. INSTRUCTION, in university, course of, § 1388. in schools. See Schools. INSURANCE, commissioner's certificate neces- sary to do business. § .596. foreign, fire, to pay certain premiums for bene- fit of disabled firemen, p. 1025. Stats. INSURANCE COMMISSIONER, when to report. § 332. number .of copies to be printed. § 337. distril)ution of reports of. § 337. deputy. § .343. how appointed. § 368. term of ofR'ce. § 369. eligibility to ofli'Ce. § 594. general duties. § 595. to examine affairs of insurance companies. § .597. certificate of. necessary to transact insurance business, § .596. Index. 1141 INSURANCE ^OMMISSIONERS-Coutinued. may impose fines, § 598. issue subpoenas, § 599. (Uity on insolvency of companies, §§ GOO, 601 wliat constitutes insolvency, § 602. to keep record, § 603. may employ actuarv, § 604. fees, § 605. assessments for deficiency in salary § 606 certain certificates filed witli, §§ 607, 608 may determine name of new company S 609 statements to, § 610 i J> b uu^. "'theZTi b?!.""" """''' '^- ^'^^^ Publication form of statements, §§ 612, 618. stock notes, how computed. § til4 ^^wf h^'^^'pn^'"''*^' °'* '^''"^"^^^^ «^ incorporation to furnish blanks, § 615. company to file name of ag-ent with. § 616 duties^when companies fail to make statement, deposits and dividends. § 618 receipt for deposits, § 619. deposits returned, when, § 620 must examine securities, § 621 retaliatory clause. § 622' %23.^62T ^''''''^^ ^'""''^ ^''''^'^'' corporations, §§ to furnish assessor with information § 6''5 to require securities, when. § 6'>6 " ~ ' statement to, on what based' 5~6^7 salary. § 628. ' salary of deputy. § 629. continarent expenses. § 6.10 location of otfite. § 6.31. olR'cial bond. § ().32. conditions precedent to risht to act as a"ent or solicitor. § 683. • •int reporter of decisions, § 767. may .appoint phonographic reporter. § 769. to reside at Sacramento, § 852. to supervise publication of reports, §§ 774, 775. Of superior court, salaries of, S§ 737. 7.38. approving bond of notary public. § 799. approving bond of auctioneer. § 3285. duties of. § 4134. Of police court, qualifications, §§ 4370, 4424. may appoint clerk, § 4425. jurisdiction, §§ 4420, 4427. justice of peace may act as, § 4428. to keep open court. § 4429. disqualification of judge, § 4428. Of justices' courts. See Justices of the Peace. Of elections. See Elections. Court commissioners. See Courts. JUDGES OF THE PLAINS, acts in relation to. jireserved, § 19. JUDGEMENT, monev of account, how stated in. § 3274. in action affecting land titles, § 3416. ludex. 1143 JUDGMENT— Continued. against delinquent purchaser of state lands, wlien bonds assigned. § 3552. in action against assessor for neglect, § 3662. levy of tax has effect of, § 3716. JL'DICIAL DISTRICTS abolished. § 125. JURISDICTION of state. §§ 33. 34. of state, who subject to, § 54. over foreign corporations. § 616. of police court, §§ 4426. 4427. JURY, firemen exempt. § 3337. JUSTICE OP THE PEACE to take testimony in contested election, § 275. powers in such cases, S 277. duties in such cases. §§ 278, 279. to appoint appraisers of lost property, § 3137. file list of appraisers. § 31.38. duty when woods on fire. § 3345. may act as coroner. § 4289. constable must attend courts of, § 4314. duties of, where prescribed, § 4316. when to act as police judge. § 4428. KERN COUNTY, legal distances from county seat. § 163. boundaries and county seat. § 3941. salary of county jiidge, § 4329. salary of district attorney, § 4330. KLAMATH COUNTY, legal distances from coun- ty seat, § 164. treasure!', wlien to settle with state, § 3866. salary of county judge, § 4329. salary of district attorney. § 4330. LABOR on public buildings, by day's work, § 3233. eight hours a day's, §§ 3244, 3245. hours of labor, § 3244. hours of lal)or on street cars, §§ 3246. 3250. LAKE COUNTY, legal distances from county seat, § 164. boundaries and county seat. § .3917. salary of county judge. § 4329. salary of district attornev. § 4330. LAKE MERRITT, act to prevent destruction of fish and game, preserved, § 19. LAND, term defined, § 17. 1144 Index. LANDS, PUBLIC. See Town Lands, intruders upon, § 42. duty of suiTeyor general, § 483. proceeds of certain, to university, § 1415. i-egister to Iceep certain records, § 3395. register to keep plats and note location, §§ 3396, 3397. state locating agent. § 3398. surveyor general to keep certain records, s 3405. duty of surveyor general on application for purchase, §§ 3406, 3407. payments, Iiovf made, § 3512. forfeiture for failure to pay, § 3513. certilicate of purchase, § 3514. certificate of purchase may be sold, § 3515. sale to be recorded, § 3516. compensation of recorder, § 3517. duplicate for lost cei'tificate of purchase, § 3518. patents to be prepared by i*egister, § 3519. patents, how executed. § 3520. not to issue until when, § 3521. patents to be recorded. § 3522. effect of patent issued to deceased persons, § 3523. list of delinquent purchasers to be furnished district attorney, § 3.546. proceedings asainst delinquent purchasers. §§ 3547. 3548. service of summons, § -3549. copy of decree to be filed. § 3550. wlaen delinquent purchaser may be restored to all rights, § .3.551. when .iudgment binds assignee. § 3552. compensation of district attorney. § 3553. after filing decree land subject to sale. § 35.54. costs of suits taxed and collected. § 3555. riglits of subsequent purchasers. § 3556. duplicates for lost or defaced land wan-ants, §§ ,356(i-3569. aliandonment of entry or location. § .3570. when purchaser to be repaid. §§ 3571. 3572. cei'tain applications made valid. § 3.573. application of fees. § 3574. Index. 1145 LANDS, PUBLIC— Continued. sale for taxes, caucellatiou of certificate, § 3805. sold to state for taxes, disposition of, §§ 3785, 3788. surveyor general to obtain statement as to condition of sciiool sections, § 3409. registers and receivers, how compensated for services rendered state, § 3410. surveyor general to represent state in contests, § 3411. place of taking testimony, § 3412. attornev general to attend, traveling expenses, § 3413. contest as to surveys, etc., how disposed of, §§ 3414. 3415. effect of judgment, § 3416. limitations, § 3417. county treasurer to report to register, § 3422. duty of register on receipt of report, § 3423. quarterly reports of county treasurer. § 3424. treasurer to pay over moneys received for lands, exception, § 3425. county ti-easurers to retain moneys received for swamp lands. § 342(i. interest, how computed and when payable, § 8427. instructions and printed forms. § .3429. School, investing proceeds of sale, § 680. price and payment, when, § 3494. affi'davit on application to purchase sixteentlv and thirty-sixth sections, §§ 3495, 3496, 3501. limit of acres to be sold to one applicant, § 3495. occupants protected, § 3497. approval of application, § 3498. unapproved application, void. S .3498. contests, how determined, § 3499. applications for other than sixteenth and thirty-sixth sections, §§ 3500, 3-501. false statement on application, perjury, § 3500. land wan-ants received in payment of purchase money, § 3502. right of pre-emption of, § 3503. 1146 Index. LANDS, PUBLIC— Continued. acts validating applications for purchase, § 3573. Swamp and overflowed, land fund how consti- tuted, § 342G. price and manner of payment, § 3440. surveys not approved till laud segregated, § 3441. settlers preferred purchasers for ninety days. § 3442. applications for purchase, § 3443. by female, § 344-1. where filed, and dtitv of county surveyor, § petitions for formation of reclamation dis- tricts, §§ 3446, 3447. reclamation. For statutes bearing on this, see General Laws, tit. Reclamation. petition for formation of reclamation district ])V owners of land not included in districts, §'3492. i^eclaraation districts, suits to determine valid- ity of assessments, § 3493%. reclamation districts, assessments unpaid bear interest, § 3466. reclamation districts, correction of mistalies in lists. § 3460. election of trustees of reclamation districts, § 3453. trustees of reclamation district, compensation of. S 34.14. reclamation district, nonuser of jwwers, § 3493. reclamation districts, dissolution of, § .3493. when district situated in different counties, § 3448. proceedings on approval of petition. § 3449. petition, where recorded. § 3450. duty of register on receipt of copy. § 3451. district by-laws and trustees. § 3452. powers of trtistees, § 3454. trustees to report plans, etc.. § 34.55. assessment for reclamation purposes. § .3456. warrants, how ]iresented: if not paid to draw interest. § 3457. Index. 1147 /ANDS, PUBLIC— Continued. district in different counties, cliarges, how paid, § 3458. additional cliarges may be assessed, § 3459. commissioners to make assessment lists, § 3460. form of lists, § 3461. lists,, laow and wliere filed, § 3462. lien,' acquired by filing lists, § 3463. credit to owner of land, § 3464. payment, how made, § 3465. delinquent charges, how collected, § 3466. work of reclamation under direction of trustees, § 3467. accounts open to inspection, § 3468. subsequent purchasers 'governed by bv-laws, § 3469. rights of purchasers, § 3470. property condemned for reclamation purposes, § 3471. owners may recladm without intervention of ti'ustees, § 3472. their powei's and duties, § 3473. interest to cease when works of reclamation in progress, § 3474. Avhen work completed, statement to be filed and moneys paid over, S 3475. three years after completion of work, com- missioners to examine, § 3476. if lands reclaimed, patent to issue, § 3477. old trustees may recognize, § 3478. trustees may compromise indebtedness and levy tax to pay, § 3479. bonds and waiTants redeemed, how may be used, § 3480. owners of land in old districts, may be set off in separate districts, §§ 3481, 3482. districts, how designated, § .3483. in Sacramento, supervisors may employ clerk, § 3484. payment on lands held for five years, § 3485. liability of riparian owners. §§ 3486, 3487. certain lands exempt. § .3488. act for refunding indebtedness of reclamation and levee districts, § 3488. 1148 Index. LANDS, PUBLIC— Coutiuued. districts may be consolidatetl, § 3481). injury to levees, § 3490. elections in reclamation districts, § 3491. University, regents to select and sell certain lauds, § 3533. land agent of, duty, § 3534. moneys to be paid out of treasury on order of regents, § 3535. delinquent purchasers, § 3536. act concerning selection and sale of, § 3530. Certificates of purchase of state lands, record, of. § 3395. to be noted on plats, § 3397. of school lands, when to issue, § 3514. of state lands, wheR to issue, § 3514. evidence of title, § 3514. may be transfeiTed, § 3515. sale of, to be recorded. § 3516. duplicate for lost, § 3518. of university lands, by whom issued, § 3534. of state lands, abandonment of, location by surrender of, § 3570. of state lands, holder of, may be repaid, when. §§ 3571. 3572. LASSEN COUNTY, legal distances from county seat, § 165. boundaries and county seat. § 3912. salary of county judge. § 4329. salarv of district attorney, § 4330. LAW of road. § 2931. certain county offi.'cea-s not to practice, § 4121. defined, § 4466. how expressed, § 4467. the common, the rule of decision, § 4468. LAZARETTOS for lepers. § 2952. LEAP-YEAR defined, § 3256. LEASE, lessor liable for taxes on property leased. § 3887. LEGAL DISTANCES from county seats to Sac- ramento. Napa. Stockton, and San Quentiu, §§ 151-202. From county seats to Sacramento, Napa. Stock- ton, and San Quentin. ludex. IHl) ,EGAL DISTANCES— Continued. Alameda county, § 151. Alpine county, § 152. Amador county, § 153. Butte county, § 154. Calaveras county, § 155. Colusa county, § 156. Contra Costa county, § 157. Del Norte county, § 158. El Dorado county, § 159. Fresno county, § WO. Humboldt county, § 161. Inyo county, § 162. Kern county, § 163. Lake county, § 164. Lassen county, § 165. Los Angeles county. § 166. Marin county, § 167. Mariposa county, § 168. Mendocino county, § 169. Merced county, § 170. Modoc county, § 171. Mono county, § 172. Monterey county, § 173. Napa county, § 174. Nevada county, § 175. Placer county, § 176. Plumas county, § 177. Sacramento county, § 178. San Benito county, § 179. San Bernardino connty, § 180. San Dieg'o county, § 181. San Francisco county, § 182. San Joaquin county, § 183. San Luis Obispo county, § 184 San Mateo county, § 185. Santa Barbara county. § 186. Santa Clara county. § 187. Santa Cruz county, § 188. Shasta connty, § 189. Sierra county, § 190. Siskiyou county, § 191. Solano county, § 192. Sonoma county, § 193. 1150 ludex. LEGAL DISTANCES— Continued. Stanislaus county, § 194. Sutter county, § 195. Telaama county, § 19G. Trinity county, 8 197. Tulare county, § 198. Tuolumne county, § 199. Ventura county. § 200. Yolo county, § 201. Yuba county, § 202. mileage, how computed. § 203. LEGISLATURE, consent of. to purchase of land by United States, implies what, § 34. consists of what, § 225. term of members, § 226. time and place of meeting. § 235. certificate of election, § 236. organization. §§ 237-239. oath of members, when recorded, § 240. ofR'cers. how elected, § 247. what offi'cers of. may administer oath. § 252. bills, how marked, labeled, and arranged, at close of session. § 261. per diem and mileage of members, § 266. per diem and mileage of presiding offi'cers. § 267. compensation of employees, §§ 268. 269. contesting elections for members. § 273. duty of, where election of governor or lieuten- ant governor is contested, §§ 289-293. subpoenas by. § 301. may punish for contempt. § 302. compel attendance of witnesses. § 303. bill received by governor must be indorsed. § 309. bill, approval of. by governor. § 310. bill returned without approval of governor. § 311. return of bill without approval of governor when house not in session. § 312. bill remaining with the governor more -than ten days, § 313. printing ordered by, § 526. number of bills to be printed. § 527. Index. 1151 LEGISLATURE— Continued. laws and journal to be printed, § 528. printing and comparing bills, § 539. engrossing bills, § 539. order of printing and comparing bills, § 539. certain printing without charge, §§ 531-534. report of board of examiners to, §§ G63, 6G7. appeals to, from board of examiners, § G71. certain resignations to be made to, § 995. resignations of, to whom made, § 995. vacancy in, how filled, § 998. vacancy occurring during recess, § 1000. Senate, number of members, § 225. term of offi'ce, § 226. members, when elected, §§ 227, 228. what offi'cers hold until successors qualify, § 237. organization, § 238. offi'cers and employees, §§ 237, 245. officers, how elected, § 247. president and presidefit pro tern, may adminis- ter oaths, § 252. duty of secretary, § 253. of assistant secretaries, § 254. minute^clerk, § 255. daily journal to be printed, § 256. journal, printing and authenticating, § 256. sergeant-at-arms, § 259. assistant sergeant-at-arms, § 260. duty of offi'cers at close of session, § 261. per diem of president pro tern., § 267. compensation of offi'cers, §§ 268, 269. right to seat may be contested, § 273. subpoena by president of, § 300. may commit for contempt, § 302. may compel attendance of witnesses, § 303. appointment of offi'cers, by consent of. § 3()8. form of nominations to, by governor, § 889. resolution of, concurring in nomination by governor. § 890. certain resignations to bo made to, § 995. vacancy, how filled, § 998. Assembly, members, when elected, § 78. 1152 Index. LEGISLATURE— Contlnuecl. Assembly— number of members, § 225. term oi" ofEce, § 226. what officers bold until qualification of .succes- sor. § 2.37. organization, § 239. offi'cers, §§ 237, 246. offit-ers, bow elected, § 247. assistants of engrossing and enrolling clerks, § 248. pay of assistants, § 249. speaker and speaker pro tern, may administer oatbs, § 252. duties of cbief clerk, § 253. of assistant clerks, § 2.54. minute-clerk, § 2.55. journal-clerk, § 257. journal, printing and autbenticating, § 256. daily journal to be printed, § 256. sergeant-at-arms, § 259. assistant sergeant-at-arms, § 260. duties of offi'cers of. at close of session, § 261. per diem of speaker and speaker pro tem., 267. compensation of offi'cers and employees, § 268, 269. rigbt to seat may be contested, § 273. duty of pi-esiding offiicer in certain case, § 290. 291. duty of, in appointing ti'ial committee, § 292. may issue subpoenas, § 300. may commit for contempt. § 302. may compel attendance of Tvitnesses, § 303. resignation of members, to wbom made. § vacancy in, bow filled, § 998. Committee, of senate or assembly, memb€ mav administer oaths, § 252. salary of clerks, § 268. powers, § 294. to try contested election of governor or lie^ tenant governor, §§ 292. 293. judgment. § 295. chairman of legislative, mav issiie subpoenas, § 300. ludex. 3153 LEPERS. See Lazarettos. LETTERS PATENT. See Patents, Land. LEVEES, injuries to, § 3490. injury by mobs, § 4452. LEVY. See Taxes. LIABILITIES of insurance companies, bow com- puted on insolvency, § G02. of bond of notary public, § 800. assessor and sureties for negligence, § 3660. tax collector, for negligence, § 3754. LIBRARY OP SCHOOLS, fund for, § 1712. control and location, § 1715. IJBRARY OF STATE, when librarian to make report to governor, § 332. number of copies of report to be printed, § 334. distribution of reports of librarian, § 335. trustees of. number. § 343. librarian of, § 343. number of deputy librarians, § .343. appointment and term of ofii'ce, § 353. appointment and term of offit-e of librarian and deputies. § 356. fund. §§ 416, 2.300. by whom controlled, § 2292. general powers and duties of trustees, § 2293. term of otH'ce of librarian. § 2294. duties of librarian. § 2295. who may take books. §§ 2296. 2297. books taken by state oftifers, § 2298. liability for injuries to books, § 2299. when kept open. § 2301. salary of librarian. § 2302. salary of deputy librarian, § 2303. bond of librarian, § 2:'>04. chapter in force, when. § 2305. LIBRARY OF SUPREME COURT, who mav use, § 2313. librarian, his duties and compensation. § 2314. Avho may take books. § 2315. fund. § 2316. LICENSES of pilots. § 24.30. when to be shown. § 24.34. piloting vessels without, § 24.39. Pol. Code-97. 1154 Index. LICENSES— Contimied. of pilots, who to examine, § 2457. of pilots, may be revoked, § 2461. causes for revocation, § 2462. decision of board on revoking, § 2464. forfeiture of pilots, in certain cases, § 2486. tax for toll-bridges and feiTies, § 2S46. when to issue, § 2849. revenue derived from such, § 2857. to keep wharf, chute, etc., § 2917. auctioneers, who exempt from, § 3286. original application for, § 3287. renewal of. § 3288. renewal for how long, § 3289. not transferable, § 3290. to be prepared and printed, § 3356. auditor to number, sign and deliver, § 3357. auditor to keep stamps and license account, § 3358. when to be procured, § 3359. suit against per!?on failing to take out, § .3360. duties of tax collectors in relation to, § 3361. action against delinquents. § 3362. settlements by tiix collector, § 3363. fees for, § 3364. classification of auctioneers, § 3376. bridge, feiTy, wharf, chute, and pier, § 3378. brokers, trust companies, etc., § 3379. billiards. § 3380. theaters, § ,3.380. bull and bear fights, § 3380. pawnl)roker, § 3380. intelligence offi-ce, § 3380. retail liquor, § 3.381. merchants and livery stables. § 3382. exception in using liquors, § .3383. peddlers and hawkers, § .3.384. animals kept for propagation, § .3385. certain exhibitions, etc., exempted. § 3386. present incumbents to collect. § 3387. supervisors to fix. S 4(>45. common council to provide for certain, § 4408. acts relating to. See General Laws, tit. Li- censes. Index. 1155 LIEN, judgments on offl'eial bonds, §§ 984, 987. wharfage to be, § 2524. fines for violating immigration laws, § 2959. by filing assessment list for reclamation pur- poses, § 34G3. levy of taxes as, § 3716. tax due on personal property, on real property, § 3717. tax on real property, on what, § 3718. tax on improvements, on what, § 3718. of state for taxes in purcliasei* at delinquent sale, § 3779. poll-tax. § 3860. LIEUTENANT GO\'ERNOR, contesting election of, § 288. proceedings thereon, §§ 289-293. mode of election and terni of offi'ee, § 348. ex ofll'cio regent of university, § 353. ex otfi'cio member of board of state prison di- rectors, § 367. duties, § 396. compensation, § 397. to talve oath of offi'ee, where, etc.. § 905. warden of state prison. § .367. I'esisnation, to whom made, § 995. IJGHTS. for state offi'cers, § 413, how paid, § 414. signal to be kept on shipping, at night, §§ 2.366, 2368, 2370. LIMITATIONS, ho^v affected by codes, § 9. on powers of supervisors, § 1130. of actions to quiet title to certain lands, § 3417. of actions for injuries by mobs or riots, § 44.54. LI()Uir>S, analyzing. See State Analyst. LIQUOR not to be sold within a mile of univer- sity. § 1405. penalty. § 1405. license for retailing. §§ .3.381, 3383. LISTS, DELINQUENT. See Taxes. LIVERY STABLES, license of, § .3382. LOAN, counties not to borrow, §§ 4004, 4005. LOCATINr4 AGENT. See Surveyor-general. LOCATION of state lands, record to be kept, § 3395. 1156 Index. LOCATION— Continued. approval to be noted on plats, § 3396. of state lands, contest as to approval, §§ 3411- 3417. abandonment, § 3570. LOGS. See Lumber. LOS ANGELES COUNTY, legal distances from county seat, § 166. boundaries and county seat, § 3945. salary of county judge, § 4329. salarv of district attorney, § 4330. LOST PROPERTY, duties of finder, § 3136. appraisement, § 3137. justice, to file list of appraisers, § 3138. finder to advertise, § 3138. proceedings where owner not found within six months, § 3139. finder to restore, § 3140. owner may sue for, § 3140. finder failing to make discoverv, § 3141. proof of, § 3142. LUMBER, defined. § 2.389. owner may reclaim floating. § 2390. floating, when turned over to sheriff, § 2391. floating, application of proceeds when sold. § 2392. disposition of proceeds of sale. § 2393. supervisors may improve streams to float. § 4085. MAGISTRATE, definetl. § 17. superior judge to perform duties of, § 41.34. MAIL, process returnable bv. S 4177. MAJOR-GENERAL. See National Guard. MA.JORITY', power under joint authority. § 15. MAPS, certain, to be delivered to clerk of super- visors, § 36.54. supervisors to furnish to assessor, § 3658. of boundary lines heretofore made valid. § 3973. MARE ISLAND, pilots, regulations for. See Pilots. MARIN COUNTY, act in relation to salmon fish eries in. preserved. § 19. legal distances from couutv seat. § 167. Index. 1157 MARIN COUNTY— Continued. boundaries and county seat, § 3957. salary of county judge, § 4329. salary of district attorney, § 4330. MARINERS. See Seamen. MARIFOSA BIG TREE GROVE, number of com- missioners of, § 343. appointment and term of office, § 357. commissioners of, § 3584. powers, § 3585. report of, § 3586. MARIPOSA COUNTY, act for better protection of stock-raisers in, preserved, § 19. legal distances from county seat, § 168. boundaries and county seat, § 3938. salary of county judge, § 4329. salary of district attorney, § 4330. MARKET, public, act authorizing maintenance of in San Francisco, p. 1040. MARKET INSPECTOR, for San Francisco, ap- pointment and duties, § 3009. salary, § 3010. MARKS AND BRANDS, act concerning, in Si.sld- you county, preserved, § 19. owners of cattle to keep, § 3167. to be recorded, § 3168. recorder's duties respecting, § 3169. not lawful unless recorded, § 3170. certain not allowed, § 3171. at wliat age animals branded. § 3172. evidence of ownership, § 3172. regulations concerning, for selling animals, § 3182. penalty for using more than one, § 3183. fraudulently using, § 3184. hides of slaughtered cattle to be kept, § 3185. MARKS. See Trade-marlcs. MARRIAGE, registry of, § 3074. recorder's dutv, § 3074. MARSHAL, qualifications, § 4370. bond, § 4374. duties. § 4389. MASCULINE GENDER includes feminine and neuter, § 17. 1158 Index. MASTER AND SERVANT, hours of labor. See La- bor. MAYOR, powers, §§ 4386, 4387. president of common council, § 4388. of Sau Francisco ex officio member of state harbor commission, § 2531. of San Francisco, member of city board of health. §§ 3005, 300G. executive power of cities vested in, § 4355. qualifications, § 4370. to approve bonds of officers, § 4374. act relieving mayors in certain cities from act- ing as judge or justice. See Code of Civil Pro- cedure, Appendix, p. 798. MEASURES. See ^A'eights and Measures. MECHANICS' INSTITUTE, president of, ex offi- cio regent of universitv. § 353. MEMBERS OF CONGRESS, election, when, § 1343. returns, how made. § 1344. how transmitted, § 1345. duty of secretary of state, § 134G. certificate issuetl bv governor, § 1347. MENDOCINO COUNTY, legal distances from county seat, § 170. boundaries and county seat, § 3918. salary of county judge, § 4329. salarv of district attorney, § 4330. MERCED COUNTY, legal distances from county seat, § 170. boundaries and county seat, § 3934. salary of county judge, § 4329. salarv of district attornev, § 4330. MERCHANTS, license, § 3382. MERIDIAN, survevs to be bv true, § 4271. MID WIVES, to make reports of births and still- born, §§ 3024, 3075. MILEAGE, how computed, § 203. of members of legislature, § 266. of speaker of assembly. § 267. of lieutenant-governor, § 397. to tax collector for seizing and selling personal property, § 3793. county treasurer forfeits, when, § 3867. Index. 1159 MILEAGE— Continued. controller to deduct, from payments made by treasurer, § 3871. rate of, allowed county ti-easurer, § 3876. MILE defined, § 3212. MILE-STONES, injury to, §2738. bv toll-road companies, § 2795. MILiXARV INSTRUCTOR of university to re- port to adjutant-general, § 1477. MILITIA. See Arms; National Guard. electors, when exempt from duty in, § 1070. who sul3ject to duty, § 189'5. who exempt from duty, § 18J)(>. assessor to keep roll of pei-sons subject to, § 1897. roll to be corrected by bo^rd of equalization, copies delivered to brigadier-generals, § 1900. muster-rolls, § 1902. when and by whom called into actual service, S§ 2039, 2040. call, how made, §§ 2041-2043. organization for actual service, § 2045. when draft ordered, § 2049. who to superintend draft, § 2050. persons drafted to rendezvous, § 2051. failure of assessor or tax-collector to keep list, penalty, § 1898. MILITARY COMPANIES, right to parade, § 1942. MINERAL WATERS, analj'zmg. See State An- alyst. MINERS, state hospital and asylum for miners. See General Laws, tit. "Mines." MINORS, state's right to provide custody and re- straint without guardians, § 37. See Feeble-Minded Children. MINUTE-BOOK to be kept by supei-visors, § 4031. MINUTE-CLERKS. See Legislature. MISDEMEANORS, solicitation of or pledge by candidate, p. 1051, Stat. placing animals or refuse near roads or street, § 2737. bridge, injury to, § 2737. refusal of landlord or lodging-house keepei* to keeii list, § 109G. 1160 Index. :miSNOJ*IER, not to invalidate tax sales, § 3807. MOB, injuries to levees by, § 4457. MODOC COUNTY, legal distances from county seat, § 171. MONEY, counting of, in state treasui*y, § 676. affidavit of such counting, § 677. found on person of insane, § 2219. commutation, whei'e paid, § 2961. lost, duty of finder, § 3136. tax-collector to pay over, when, § 3753. assessor to pay over certain, §§ 3826, 3853. county treasurers, when to pay state treasury, §§ 3865, 3866, 3872. controller to make statement concerning, paid by county treasurer, § 3873. counties prohibited from borrowing, § 4005. treasurer to receive county, § 4144. when warrants presented and no, in treasury, § 4148. found on dead body delivered to countv treas- urei-. §§ 4158, 4159, 4287. county treasurer to keep public, § 4161. penalty for sheriff failing to pay over, §§ 4181, 4186. counting of, in county treasury, § 4221. in county treasury, joint statement concerning, § 4223. MONEY OF ACCOUNT, defined, §§ 3272, 3273. amount, how stated in judgments. § 3274. MONO COUNTY, legal distances from county se.at, § 172. boundaries and county seat. § 3935. salary of county judge, § 4329. salary of district attoruev. § 4330. MONTEREY COUNTY, act for better protection of stock-raisers in, preserved, § 19. legal distances from county seat. § 173. boundaries and county seat § 3948. salary of county judge. § 4329. salary of district' attoruev, § 4330. :mONTH. defined. § 17. JMORTGAGE. recorder to furnish list to board of equalization, § 3678. Index. 1161 MORTGAGE— Coutiuued. to be recorded, § 4235. index. § 4236. MUNICIPAL CORPORATIONS. See Cities. acts relating to. See General Laws, title, "Mu- nicipal Corporations." MUSTERS. See National Guard. NAME, secretary of state to iieep register of changed, § 408. error in, not to invalidate sale for taxes. § 3807. of county. § 4002. NAPA COUNTY, legal distances from county seat, § 174. boundaries ani» county seat, g 3958. salary of county judge, § 4329. salary of district attorney, § 4330. NAPA INSANE ASYLUM. See Insane Asylum. N.iTIONAL GUARD. See Militia. of wliat consists, § 1912. applications for membership, § 1976. board of location and organization, § 1913. to be organized into regiments. § 1914. oath of officers and members, § 1921. system of instruction, § 1922. uniform, § 1923. uniforms and equipments, §§ 1923, 2027. reimbursement of members of Company C, 6th regiment, p. 1046. colors, § 1942. discharges, § 1929. expulsion, when bar to re-entry, § 1932. fines, § 1935. exemptions, § 193(5. exemptions of members of, § 1936. list of exemptions, § 1937. commander-in-chief may disband, § 1938. rules and regulations of United States army, how far applicable, § 1939. when and by whom called into actual service. §§ 2039. 2040. call to actual seiTiee, § 2041. duty of officers receiving call to actual service. §§ 2042-2044. 1162 Index. NATIONAL GUARD— Contiuued. organization of companies at such time. §§ 2045, 2046. actual service calling and drafting into, §§ 2039-2066. pay wliile in actual service, §§ 2065, 2066. annual encampment and allowances, § 2022. honoraiT members, § 1962. sub. 6. target practice, § 2031. inspectors of rifle practice, duties of, p. 1046, Stat, field music, § 1992. camps of insti'uction, acquisition of, p. 1047, Stat. Adjutant General-- when to mal^e report to governor, § 332. number of copies of report to be printed, § 334. distribution of report of, § 335. to issue arms and equipments to universitv ca- dets, § 1475. military instructor of universitv to report to, § 1477. ranlv. § 1917. member of board of location, etc.. § 1913. duty on application to organize companies, §§ 19.^2. 19.->3. when to list companies, § 1955. duty on issuing arms, §§ 1965-1967. to print laws and regulations, § 2117. Assistant Adjutant General- member of board of military auditors, § 2093. general duties. § 2107. report. § 2108. to act as chief of staff, § 2109. appointment of, § 2110. transportation of arms. § 2111. salary, § 2113. salary of assistant. § 2114. salaries, when and out of what fund pavable, § 2115. official bond, § 2116. Arms — what, to be furnished, § 1961. requisition. § 1963. Index. 1163 NATIONAL GUARD— Continued. proceedings on approval of requisition, § 1964. bond. §§ 196.5-1967. inspection, § 1968. repair, § 1969. transportation, § 2111. Artillery— authority of noncommissioned officers, § 1957. company, of what composed,' § 1962. regiment, of what consists, § 1982. Auditors Military— who constitute, § 2093. allowance and payment of company expenses, §§ 2094, 2095, 2105. other duties, § 2096. duties of controller and treasurer, § 2097. claims exempted from board of examiners, § 2098. allowances to companies, § 2099. form of demand, § 2095. Battalions — musters, § 1972. of infantrv, § 1982. field officers, § 1984. election of offiicers, § 1986. of light infantiT, § 1987. drills of light artillery, § 1989. of light artillery, rules and regulations, § 1988. staff of offl'cer commanding, § 1990. drum coi-ps, § 1992. band, § 1993. batteries, commanders of, powers of, § 1957. Brigades — number, § 2003. compose one division, § 2004. Brigadier General- appointment and term of offi^ce, § 1918. to appoint person to organize company, § 1952. duty on organization of companies, § 1954. duty where militia is called into active service, § 2042. staff, § 2007. Cadets- cadet companies, § 2032. 1164 Index. NATIONAL GUARD-Coutinued. Cavalry- company, of what composed, § 1962. regiment, § 1983. regiment, officers of, § 1984. drills, § 2024. Commander-in-Chief— who, §§ 1916, 1919. staff, § 1917. may disband any portion of national guard. § 19.38. power of, § 1941. duty, on requisition for arms, § 1964. may order militia into active service. § 2039. assign volunteers to existing companies in ac- tive service, § 2047. organize troops, how, in actual service, § 2048. attach companies, § 20.")4. officers discharged by, § 2060. to fill vacancies in commission in actual ser- vice, §§ 2061-2063. may appoint court martial. § 2076. member of board of auditors. § 2093. calling troops into service in absence of, §2040. Companies- application for leave to organize, § 19.51. duty of brigadier-general thereupon, § 19.-)2. organization, §§ 1953, 19.54. of what composed. § 1962. to be listed and officers commissioned, § 19.55. noncommissioned offl'cers. § 1956. noncommissioned officers of batteries, § 1957. name and nvimber, § 195S. oath and term of service, § 1959. person not to be member of two, at same time. § 1960. how armed and equipped, § 1961. requisition for arms, etc., § 1963. approval of requisition for arms, § 1964. bond for arms. §§ 1965-1967. inspection of arms. § 1968. repair of arms. § 1969. musters and muster-rolls. §§ 1970-1972. Index. 1165 NATIONAL GUARD— ContiDiied. retired list, § 1973. liow manv constitute regiment and battalion of infantry, § 1982. bow many constitute regiment of cavalry, § 1983. parading with less than thirty members, § § 2020. failing to report at parades, may be disbanded, § 2023. drills, §§ 2026, 2027. penalty for absence from drills, § 2028. register of absences from drills, § 2029. election for officers of such, §§ 2046, 2052. in actual service, how attached, § 2054. Companies — organization of, when called into active ser- vice, § 2045. drafted men may be enrolled in existing, § 2055. allowances to, § 2099. pay while in actual service, § 2065. Courts Martial— Avho may appoint, § 2076. organization and rules, §§ 2076, 2077. powers, § 2078. revision and approval of sentence, § 2079. fines, how collected, § 2080. no action to be maintained against officers, § 2081. process of, how served, §§ 2076, 2084. Courts of Inquiry- who may order, § 2082. rules governing, § 2083. Discharges — by whom and when granted. § 1929. dishonorable, penaltv for, § 1932. Draft- when ordered. § 2049. who to superintend, § 2050. persons drafted to rendezvous, § 2051. refusal to rendezvous, § 20.")3. companies nonattached. § 2054. Pol. Code-9S. 1166 Index. NATIONAL GUARD— Continued. drafted men may be enrolled in existing com- panies, § 2055. substitutes. ?§ 2056-2058. Drills and Parades— wlien to be bad. § 2018. parading or drilling with less than thirty-two, § 2020. when must parade, § 2018. exemptions from aiTest during, § 2021. encampment and expenses of same, § 2022. cavalry, § 2024. regimental, § 2025. tri-monthly, § 2026. penalty for absence from company, § 2028. register of absences from, § 2029.. rilie practice, § 2030. Drum 0017)8— of national guard, § 1992. Examining Board- constitution of, § 1974. powers and duties of, §§ 1974, 1975. inspection, annual, § 1970. inspectors of rifle practice, poAvers and duties, § 2008. hospital and ambulance corps, § 1981. Infanti-y — company of, of what composed. § 1962. regiment and battalion of, § 1982. Laws and Regulatiou.s — adjutant-general to have printed, § 2117. Major-General— appointment and term of offi'ee. § 1918. staff, § 2006. when to call militia into actual service, § 204Q to superintend draft, § 2049. may appoint courts-martial, § 2076. Medals — decorations, what may be worn. § 1946. service medals, § 1945. Musters^ how conducted, §§ 1970-1972. naval battalion. See Naval Battalion. Index. 1 167 NATIONAL GUARD— Continuetl. Officers — constituting board of organization, etc., § 1913. wliat are. § 1915. staff, § 1917. appointment and tei*in of office of generals, § 1918. restrictions on citizensliip of staff, § 1919. effect of line, accepting staff appointments, § 1920. oatli, § 1921. bonds of, § 1965, et seq. instruction, § 1922. ranlv, § 1924. field offl'cei-s, § 1984. field or line, election of, §§ 1985, 1986. commanders, power in relation to field music, § 1992. surgeons and assistant surgeons, § 1991. retiring of and duties of, § 1973. retirement of, § 2003. discharge, retirement of oflit'ers, § 2003. re-elected not to be recommissioned, § 1925. resignations, bow made, § 1926. vacancies, bow filled, § 1927. absence or removal, wben deemed resignation, § 1928. what, may grant discharges, § 1929. penalty for disobedience. § 1930. interrupting, § 1931. exempt from taxes, § 1936. no fees allowed for administering oath, § 1940. wben to be commissioned. § 1955. noncommissioned, §§ 1956, 19-57. company, § 1962. on retired list, § 1973. examination by examining board, § 1974. of regiment, field. § 1984. such, how elected. § 1985. staff, regimental. § 1990. staff of colonel and ma.ior, § 1990. staff of major-general, § 2006. staff of brigadier-generals, § 2007. what, to establish schools of instruction, § 20.30. 1168 Index. NATIONAL GUARD— Continued. duty, on being called to actual service, § 2042- 2044. election, on call ,to actual service, § 2045. election, by drafted men, § 2052. duration of commissions, in actual service, § 20G0. vacancies occuiTiug in actual service, §§ 2061, 2062. promotion in actual service, 2063. pay, §§ 2065, 2066. what, may appoint courts-martial, § 2070. punished by courts-martial, § 2078. action of. on court-martial not to cause liabil- ity, § 2081. I'arades. See Drills and Parades. Eegiments — musters, § 1972. of infanti-y, § 1982. of cavaliT, § 1983. field-officers, § 1984. mode of election of such, §§ 1985. 1986. chaplains. § 1991. drum corps, § 1992. bands, § 1993. drills, §§ 2022, 2025. Regulations. See Laws and Regulations. Sanitai-y Corps- sanitary corps, § 2009. surgeon of sanitary corps, § 2009, sub; 5. Signal Corps — signal corps. § 1980. NAVAL BATTALION, of what composed. § 1962, sub. 7, et seq. organization, duties, etc., § 1962, sub. 8 et seq. establishment of and attachment to national guard, p. 1047. NAVIGABLE STREAMS, public ways, § 2.348. enumerated, § 2.349. penalty for felling trees into. § 2350. Napa creeks, S 2.351. bridges, how constructed over, §§ 2875. 2877. NAVIGATION, steamers meeting, § 2360. ludex, 11G9 NAVIGATION— Contiuued. landing and receiving passengei's by small boats, § 2361. lines used for landing not to be drawn by ma- chinery, § 2362. engine to be stopped, § 2363. boats, oars and signals, § 2364. steamers overtaldng, § 2365. steamers to hoist signals at night. § 2366. penalties for violating, §§ 2366, 2367. vessels at anchor to show lights, § 2368. no recovery for collision in case of neglect, § 2369. rafts on Sacramento and San Joaquin rivers, § 2370. vessels to carry what bo'ats, § 2371. penalties. § 2372. racing, § 2373. inspectors to supervise and direct such, § 237.3. steamers to cari-y spark-catchers. § 2374. compensation of inspectors, § 2376. neglect of duty and penalty, § 2377. owner liable for master's or engineer's penal- ties. § 2378. penalties, how recovered, § 2379. NEGLIGENCE, collision of steamers from. § 2369. spark-catcher on steamers, § 2377. liabilitv on assessor's bond for taxes lost by, § 3660. in paying moneys by tax collector, penalty, § 87.54. NEVADA COUNTY, legal distances from county seat, § 175. boundaries and county seat, § .3928. treasiu-er, when to settle with controller, § 3866. salary of county Judge, § 4329. salary of district attoruev, § 4380. NEW-YEAR'S DAY a holidav, § 10. NIGHT-TIME, defined, § 3260. NON-RPiSIDENT, insane, not admitted to asylum, § 2199. ijuisanco on property, how abated, § 3028. 1170 Index. NORMAL SCHOOL. See Schools. NOTARIES PUBLIC, number, 791. qualifications of, § 792. tei-ui of offi<;-e, § 793. general duties, § 794. protests by, § 795. records of, on death or resignation, § 796. certified copies of records of predecessor, § 797. fees, § 798. bond, § 799. certificate of, filing, bond and oath of, § 800. liabilities on oftifial bond, § 801. San Francisco, appointment of notary in far Presidio, p. 1050, Stat. NOTICE of, contesting election to legislature, how served, § 276. of removal of state otfl'cers, § 997. primary election, § 1359. sale of wrecked pi^operty. § 2416. of wrecked property. § 2417. expense of such, § 2418. of sale of wrecked, etc., vessels by port-ward- ens. § 2509. to remove obsti-uctions from highways, § 2744. on bridges, and penalty for disregarding, §§ 2754, 2938. of defect in toll-road. § 2827. of petition to construct toll-bridge or ferrv. § 2844. of petition to construct toll-bridge. § 2870. to construct whai-ves, piers, etc., § 2908. to delinquent purchasers of state land, § 3547. of meeting of supervisors to equalize assess- ments, § 3654. tax collector to publish certain. § 3746. such to specify what, §§ 3747-8748. publication, § 3749. of sale of propertv for delinquent taxes, §§ 3765, 3767. of sales of personal property for taxes, § 3792. amendment to delinquent list, § 3882. result of election for removal of county seat. § 3982. Index. 1171 NOTICE— Continued. order fixing additional meetings of supervis- ors, § 4033. public, how promulgated, § 4079. of redemption of interest-bearing warrants, § 4150. defined, § 4175. county clerk tO' issue legal, § 4204. certain, to be recorded, § 4285. of first municipal election, 4367. NUISANCE, certain, abated on recommendation of board of health, § 3028. OATH, defined, § 17. to be taken by members of legislature, §§ 238, 239. entered on journals. § 240. what ofiicers of legislature may administer, § 252. contestant of election must verify statement by, § 274. notary public, § 800. commissioner of deeds, § 814. of offife, form. § 904. of governor and lieutenant-governor, § 905. members of legislature, § 906. of office, when taken, § 907. before whom taken, § 908. where filed, § 909. of deputies, § 910. who may administer, § 1028. by officer of election board, § 1146. school officers may administer, § 1873. of officers and members of national guard, §§ 1921, 1940. of pilots, § 2431. road commissioners, § 2784. to certain passengers arriving in state, § 2951. health-offiter may administer, § 3031. members and clerk of board of equalization may administer, § 3699. to tax collector, § 3798. supervisors may administer, § 4118. county officers may administer, § 4118. 1172 Index. OFFICE, effect of code upon certain, §§ 6, 7. eligibility to hold, §§ 58, 59. term of certain appointees. § 369. terms of deputies, etc., § 371. Avho are disqualified, §§ 841, 843. women eligible to educational, § 841. term, when not fixed by law, § 878. when contested, salary not to be paid, § 936. proceedings where contested, § 937. vacancies, § 996. vacancies, how filled, §§ 998-1003. hours, § 1030. vacancy in county, how filled, § 4066. eligibility to county, § 4101. eligibility to township, § 4102. consolidation of county, §§ 4105-4107. of certain county ofli'cers to be at county seat and open when. § 4116. OFFICERS, seal of, defined, § 14. peace, defined. § 17. acts authorizing city aud county to appoint subordinate, preserved. § 19. public, how classified, § 220. of senate. § 245. of assembly. § 246. reports, when to be made, § 332. distribution of reports, § 335. who are civil executive, § 343. appointed by governor, § 368. term of such, § 369. itemized account of expenditures, § 424. no county ofii'cer to act as deputy of another in same county, § 843. certain, to reside at Sacramento, § 852. absent from state, § 853. appoiutmeut. § 875. deputies and subordinate, § 87Gi, term of offiice. § 878. miist hold imtil successor qualifies. § 879. who commissioned by governor, § 891. form of commission. §§ 892, 893. oath. § 904. oath, when taken, § 907. Index. 1173 OFFICERS- Continued. before whom taken, § 90S. where filed, § 909. certain, not to be interested in certain con- tracts, § 920. not to be purchasers, etc., at certain sales, § 921. certain contracts made by, voidable, § 922. certain, prohibited fi'om dealing in scrip, § 923. duties of auditing-, § 924. duties of disbursing, §§ 925. 926. salaries, when title contested, §§ 936, 937. proceedings where title contested, § 937. resignations, to wliom made, § 99.5. possession of books and papers, § 1014. seals of executive, § 1026.. what, may administer oaths, § 1028. salaries, § 1029. must keep what ottice hours. § 10.30. signature of ex officio. S 1031. records of, § 1032. of election, how compensated, § 1072. certain, declared debtors for certain purposes, § 3849. serving subpoenas, when not to be prepaid, § 4069. of county, not to present certain claims, § 4071. number of deputy county, S 4112. deputy county, how appointed, § 4113. powers and liabilities of deputy, § 4114. pledge by candidate for, a misdemeanor, p. 1051. Stat, soliciting candidate for, a misdemeanor, p. 1051, Stat, intoxication of officer as forfeiture of offltee. See Penal Code, Appendix, p. 586. removal of grounds for, p. 1056, Stat, removal, proceedings for, p. 1056, Stat, preference in purchase of supplies, §§ 3247, 3249. officer retaining part of salaiy of deputy Is a felony. See Tenal Code, Appendix, p." 586. 1174 Index. OFFICEES— Continaed. City- fees, to be prepaid, § 4332. term of office. § 4369. elective, § 4370. absence or removal, § 4373. oath and bonds, § 4374. executive, § 438.5. See Municipal Corporation Bill. County- enumerated. § 4103. elections. § 4109. vacancies. § 4115. office at county seat, § 4116. residence at couuty seat, § 4117. Townsliip — qualifications. § 4102. enumerated. § 4104. TV'hen to be elected. § 4109. Bonds of. See Bonds. Military. See National Guard. Of State Prison. See Prison of State. OMISSIONS in assessment-book, how remedied. § 3881. in delinquent list, bow remedied. § 3882. amendments of. See Amendments. ORCHARDS, toll-roads through, § 2790. ORDINANCE, city. § 4414. jurisdiction for violating, § 4427. OUNCE defined. § 3215. OVERSEERS, acts creating and regulating water, preserved. § 19. road. See Roads and Highways. OYSTERS, act concerning, preserved. § 19. PAPER, election, secretary of state to keep. § 1196. election, to be furnished on application. § 1196. PAPER-FOLDERS, number for senate, § 245. number for assembly. § 246. how elected. § 247. PACIFIC RAILROAD FUND, amount raised for, § 3713. I* AGES, number for senate. § 245. number for assembly, § 246. Index. 1175 PAGES— Continued. liow elected, § 247. compensation, § 268. PARADE. See National Guard. militaiT companies, right of to parade, § 1942. PARDON, applications to be registei'ed, § 382. PARKS, acts relating to. See General Laws, title, "Parks." public. See Municipal Corporation, Bill; Execu- tive Departments. PARTITION, decree to be recorded, §§ 4238, 4239. PASSENGERS, how landed and received on steamers, § 2861. oath administered to certain, § 2951. of infected vessels, not to be landed, §§ 3013, 3014, 3019. of infected vessels, may be vaccinated, § 3021. hospitals may be provided, § 3022. PATENTS, LAND, record of. §§ 3395, 3405. to be noted on plats, S 3.397. swamp and overflowed lands, when, § 3477. register to prepai-e, § 3519. how executed, § 3520. not until one year after approval of survey, § 3521. to deceased persons, § 3523. for university lands, § 3534. holder may be repaid in certain cases, §§ 3571, 3572. PAUPERS, custody and restraint of, § 37. PAWNBROKERS, license, § 3380. PAYMENT, for swamp and overflowed lands, § 3440. I of assessed charges for reclamation. § 3465. on swami) lands held tive years, § 3485. I for school land, when, § 3494. certain land warrants may be given in, § 3502. for state, how, S ,3512. failure to worlc forfeiture, § 3513. of taxes, time and place, §§ 3746-3748. of taxes, date to be marked by collect or, § 3750. receipt to be given, § 3751. on e.state of decedent. 5 3752. 1176 ludex. PAYMENT— Continued. by tax collector to county treasurer, § 3754. of taxes, entitles person to certificate, § 3776. by assessor to county treasurer, § 3826. into state treasury by county treasurers, §§ 3865-3867, 3872. of taxes, in what coin, § 3888. PEACE-OFFICER defined, § 17. PEDDLERS' license, § 3.3S4. PENSIONS, county clerk to take affidavits in pen- sion claims without charge, p. 960, Stat, members of fire department, pensions for, p. 1021, Stat. PEOPLE, sovereignty, resides in, § 30. original and ultimate title to property. § 40. property without owner belongs to, § 41. who, § 50. PER DIEM. See Salaries. PERSON defined, § 17. right of state over, § 37. rights of. § 54. PERSONAL PROPERTY. See Property. PERSONS OF UNSOUND MIND, custody of, § 37. cannot vote, § 1084. PETITION to change, alter, or discontinue road, § 2681. to show what, § 2682. to construct toll-road, § 2779. when unnecessai-y. § 2789. to construct wharf, chute, or pier, § 2906. to contain what. § 2908. for reclamation district, §§3446, 3447. copy to whom sent. § 3448. proceedings, approval. § 3449. where recorded. § 3450. for removal of county seat. §§ 3976. 3977. .3985. for appointment to fill vacancy by supervisors, § 4066. PHONOGRAPHIC REPORTERS. See Report- ers. Phonographic. PHRASES. See Words. PHYSICIANS of insane asylum. § 2165. term of office, § 2166. Index. 1177 PHYSICIANS— Continued. general duties, § 2167. senior assistant, duties, § 2168. salaries of assistant, of insane asylum, § 2169. to testify on examination of insane, §§ 2212, 2213. to give certificate of insanity, § 2215. how to make, § 2216. fees, § 2222. restrictions on business of, of insane asylum, . § 2196. residence, § 2195. for San Francisco board of liealtli, § 3005. liealth-offlcer of San Francisco, § 3007. returns of births, deaths, and stillborn, § 3024. certificates as to cause of- death, § 3025. for Sacramento board of health, § 3044. tO' keep register of births, § 3075. register of deaths, § 3076. to report registry to recorder, § 3077. dead bodies, to dissect. §§ 3093. 3094. requisites before receiving dead bodies, § 3095. PIECE CLUBS, prohibited, p. 1014. PIEIIS. See Wharves, Chutes, and Piers. PILOTAGP:, vessels, owner, etc.. liable, § 2432. monthly account, § 2460. certain, to be agreed upon, § 2465. rates. § 2466. of outward-bound vessels, § 2467. vessels exempt from. § 2468. for Humboldt bay and bar. § 2489. and half pilotage, linbilitv to, § 2468. PILOT COMMISSIONERS, regulations, § 2436. to appoint pilots. § 24.30. San Francisco, Mare Island, and Renicia— num1)er. § .343. liow ar)pointed. §§ 368. 2440. term of ofliicc. §§ 369. 2442. lyoards to organize, meetings. 2443. powers of president. § 2444. powers of boards, § 2445. ' secretaries of boards and records, § 2446. not to bo interested in pilot-bnats, § 2447. Pol. Code— 99. 1178 Index, PILOT COMMISSIONERS— Continued. to examine and license pilots, § 2457. may revoke license, § 2461. complaints against pilots, §§ 2463, 2464. San Diego — number of for, and regulations, p. 1058. Humboldt Bay and Bar- number, § 343. appointment, § 368. term of office, §§ 369, 2442. how appointed, § 2441. organization and meetings of board, § 2443. powers of president, § 2444. powers of boards, § 2445. secretaries of boards and records, § 2446. not to be interested in pilot-boats, § 2447. to appoint and remove pilots, § 2476. to malve rules, § 2477. to recover for forfeitures, § 2482. compensation, § 2483. claims against, § 2491. PILOTS, number in each harbor, § 343. when appointed by governor, § 368. term of office, § 369. qualifications, § 2429. commissions and license, § 24.30. oath and bond, § 2431. liability for pilotage. § 2432. to be compensated for loss, § 2433. to show commission or license, when, § 2434. carried to sea or detained, § 2435. for other ports than San Francisco, Mare is- land, Benicia, and Humboldt bay, § 2436. further duties, § 2437. violating regulations, § 2438. acting without license, § 24.39. who to examine license, § 2457. steam tug-boat license, § 2458. duty of, to arrest, § 2459. monthly account of pilotage, § 2460. license may be revoked, § 2461. causes for revoking license, § 2462. complaint against, § 2463. hearing on revocation of license, § 2464. Index. 1179 PILOTS— Continued. review of decision of commissioners, § 2464. superior court's jurisdiction over action of commissioners, § 2464. pilotage to be agreed upon, § 2465. rates of pilotage, § 2466. pilotage, outward-bound, 8 2467. vessels exempt from pilotage, §§2467, 2468. w^hen two pilots offer, § 2469. bringing in vessel entitled to take out, § 2470. of Humboldt bay and bar. § 2476. government of such, §§ 2476-2491. attached to steamboats. § 2478. having priority, § 2479. pilotage of such, § 2480. . responsible for loss of vessel, §§ 2481, 2487. commissioners to recover forfeitures, § 2482. regulations of Humboldt bay and bar, § 2485. forfeiture of license. 2486. exti-a services, § 2488. full pilotage, § 2489. further fees, § 2490. duty, where vessel infected, § 3015. establishment and regulations in San Diego. p. 1058. stats. San Pedro, pilots in, p. 1058, Stats. PITT KIVER. act relative. § 642. PLACER COUNTY, legal distances from county seat, § 176. boundaries and county seat, § 3924. treasurer, when to settle with controller, § ,3866. salary of county judge, § 4329. salary of district attorney. § 4330. PLAINS, judges of. See .Judges of the Plains. PLATS, by i-egisters of state land-offices. § 3396. certificates of purchase and patent noted on. § 3397. PLEDGP:, to whom assessed, § .3887. PLUMAS COUNTY, legal distances from county seat, § 177. boundaries and county seat, § 3920. salary of county judge, § 4329. salary of district attorney, § 4330. IISO ludex. PLURALITY, of votes, elects, § 1066. PLURAL NUMBER includes singular, § IT. POLICE, appointment of officers in cities of first class, p. iO.oS, Stat. salaries of officers in cities of first class, p. 1058, Stat. POLICE COURTS. See Judges. acts relating to. See General Laws, title Po- lice Courts. POLITICAL CODE. See Codes. POLL-LISTS. See Election. POLLS. See Election. POLL-TAX, militiamen exempt from, § 1936. employers responsible for, taxed to employees, § 2671. as general taxes. See Taxes. POPUIiATION, counties classified according to, §§ 4006, 4007. PORTERS of senate and assembly, § 247. number for senate. § 245. number for assembly, § 246. compensation. § 268. PORT- WARDENS for San Francisco, number, §§ 343, 2501. for San Francisco, appointment, § 368. for San Francsco, term of office, 369. board for San P'rancisco, § 2502. duty, § 2504. surveys, and what to set forth, § 2505. may call assistance. § 2.506. sales of wrecliS, vessels, etc., § 2507. notice of sale, § 2508. not to be connected with insurance. § 2509. penaltv for acting as. unlawfully, § 2511. POSTMASTER of senate, § 245. of assembly, § 246. how elected. § 247. compensation. § 268. POUND, divisions of. § .3215. PRECINCTS. ELECTION. See Election. PRESIDENT PRO TE:M. OF SENATE. See Leg- islature. PRESIDENTIAT; ELECTORS. See Election. Index. 1181 POWEIIS of counties, §§ 4000, 4003. of counties, liow exercisefl, § 4001. of supervisors, § 4046. mayoi-, § 4386. common council, § 4408. PREFERENCE, purchase of supplies, preferences in, §§ 3247, 3249. PRIMARY ELECTIONS, law governing, p. 986, Stat. PRINCIPAL of normal school, how elected, § 1489. of normal school, annual report, § 1501. of normal school, to attend county institutes, § 1502. PRINTING included in "writing," § 17. expert. See Expert. PRINTING OF STATE, reports of offi'cers, when, § 333. number of each report, § 334. reports in English. § .336. election and term of offit-e, § 349. governor to deliver reports, § 380. copies of laws, from secretary of state, § 408. superintendent of state printing, duties, § 526. number of documents printed, § 527. number of laws, printed and disposition, § ."28. in what manner, § 529. election, qualifications, and bond of superin- tendent, § 530. duties of superintendent, § 531. duty in regard to text books, § 1877. deputy to state printer, § 534. paper, how supplied, § 532. ruling, folding, binding, etc., 533. salary of superintendent, § 534. appropriations. §§ 5.35, .5.36. payment of wages and salaries. § 537. charts, maps, diagrams, engravings, etc., § .538. rejioi-t of superintendent to board of examiners, § 538. payment of employees, § 538. volumes of supreme court reports to be printed, § 778. 13.S2 Index. PRINTING OF STATE— Continued. printer to reside at Sacramento, § 852. school printing and binding, § 1877. printing copy of bill to be used for engrossed bill, § 539. printing, delivering and connecting bills, § 539. enlargement and improvement of office, p. 1064, Stat. acts relating to public printing, p. 1064. PRISON OF STATE, acts in reference to branch, preserved, § 19. directors' report, when made, § 332. number of copies of report printed, § 334. distribution of report. § 335. number, § 343. Avho, § 367. duties of, § 711. list of persons confined, § 382. PRIVATE SECRETARY of governor, to indorse legislative bill. § 309. appointment and term of office, § 370. salary, § 385. PRIVATE STATUTES, how affected by code, § 18. PROCESS defined, § 17. in name of people, § 30. right to serve on certain territory. § 34. right to enforce service, § 37. service on corporations. § 616. issued by courts-martial, § 2084. defined, § 4175. by whom served, § 4176. how returnable. § 4177. return, evidence, § 4178. penalty for not returning. § 4179. when sheriff justifled in executing, § 4187. officer to exhibit. § 4188. service on sheriff, § 4190. coroner, when to execute, § 4191. elisors, when to execute. § 4192. county clerk to issue. § 4204. service bv constables, § 4314. PROCLAMATION. See Election. Index. 1183 PKOOF of lost property, § 3142. ou trial of delinqueut for licenses, § 33G2. PROl'ERTY defined, § 17. real, defined, § IT. personal, defined, § 17. original and ultimate title to, § 40. Avhen escheats, § 41. state, how may acquire, §§ 43, 44. Real- defined, § 17. delinquent tax on personal, added to tax on, § 3764. notice of sale, for delinquent taxes, § 37G5. sold for delinquent taxes, § 3778. redemption of, sold for taxes, §§ 3780-3782. tax collector may not allow sale of, in certain case, § 3806. sold' for taxes, misnomer not to invalidate, § 3807. duty of assessor when tax on personal, not a lien on, § 3820. abbreviations in assessing, § 3884. counties may purchase, § 4003. instruments affecting, to be recorded, § 4238. survey of disputed, lying in two counties, § 4270. I'ersonal — defined, §§ 17, 3617. consigned, how assessed, § 3638. tax on what lien, § 3717. delinquent tax added to tax on real property, § 3764. seized and sold for taxes, § 3790. sale at public auction, § 3791. .sale, when, § 3792. fees of collector for sale, § 3793. remaining unsold, § 3795. assessed in one county, effect where owner re- moves to anotiier, § 3808. assessor to collect taxes on, § 3820. assessor to seize and sell, § 3821. seizure and sale, how conducted, § 3822. assessor, governed how, as to rate. § 3823. nS4 Index. PROPERTY— Coutiuiied. excess at sale how disposed of. § 3824. deficiency at sale how collected, § 3825. incumbents to collect tax, § 3830. poll-tax lien on. § .3846. purchased and held by counties, § 4003. found on dead body, how disposed of, §§ 4158- 4160, 4287. Lost- duties of finder. § 3136. appraisement. § 3137. list of appraisers. § 3138. finder to advertise, § 3138. where owner not found in six months, § 31.39. findei- to restore. § 3140. owner may sue for, § 3140. finder failing to make discovery, § 3141. proof of, § 3142. Unclaimed— in possession of can-iers, § 3152. sale, § 31.53. proceeds of sale, § 3154. carrier's responsibility, when ceases, § 3155. on which advances have been made, .sold. § 3156. fees of officers, § 3157. what, sub.iect to taxation. § 3607. assessed at full cash value, § .3627. assessor to make list of, subject to taxation. § 3628. statement of, given to assessor, § 3629. value, where party refuses to render state- ment:, § 3633. of absent or unknown owner, how assessed. §§ 3635. 3636. consigned, how assessed, § 3638. partnerslup. where assessed. §§ 3641. of corporation, where assessed. § 3641. of deceased person, to whom assessed. § 3642. j in litigation, to whom assessed. § 3647. ' willfully concealed, etc.. how assessed. § 3648. escaping assessment previous yeai% how as- sessed, § 3649. poll-tax, lien upon. § 3860. Index. 1185 PROTECTION DISTRICTS. See General Laws, title '"Protection Districts." PROTEST, of bill of exchange, § 795. PUBLIC BUILDINGS. See Buildings. PUBLIC ADMINISTRATORS. See Municipal Corporation Bill, Stat, coroner, when to act, p. 1059, Stat, supervisors, when to appoint, p. 1059, Stat. PUBLICATION, of reports of state officers, § 334. of statutes, laws, journals, etc., § 528. by insurance commissioner, when company in- solvent, § 600. of names of commissioners of deeds, § 816. notice of sale of wrecked property, § 2416. petition for formation of reclamation districts, § 3447. delinquent purchasers of state land, § 3547. notice of meeting of county board of equaliza- tion, § 36.54. tax collector's notice. § 3749. delinquent list, § 3764. notice with delinquent list, § 3765. how made, § 3766. to designate what, § 3767. affi'davit and copy, filed Avith whom, § 3769. notice of sale of personal property seized for taxes, § 3792. amendment to delinquent list, §§ 3882, .3883. of x-esult of such election, § .3981. of additional meetings of supervisors, § 4033. of public notices. § 4079. of redemption of interest-bearing warrants, § 4150. of notice of first municipal election, § 4367. of codes, § 4494. PUBLIC DEBT. See Citv Indebtedness. PUBLIC HEALTH. See Health. PUBLIC LAND. See Lands, Public, General Laws, tit. "Lands of the State." PUBLIC MARKET, act autliorizing maintenance of in San Francisco, i). 1040. PURCHASE of state land bv United States, §§ 33. ^^ 1186 Index. PURCHASE— Continued. of state lands, application, § 3406. of swamp lands, applications, § 3443. of school lands, applications, §§ 349.5-3500. of state lands, applications made valid, § 3573. PURCHASER of swamp and ovei-flowed lands, settlei*s prefeiTed for six months, § 3442. subsequent, of swamp-lands, rights, §§ 3469, 3470. of university lands delinquent, § 3.536. of state lands delinquent, proceedings against, §§ 3546-3556. when repaid, §§ 3571, 3572. of personal property sold for taxes, § 3794. QUALIFICATIONS of member of board of exam- iners, § 668. of office-holders, §§ 841, 842. of voters, § 1083. secretary to board of regents, § 1449. superintendent of insane asylum, § 2150. assistant physicians of insane asylum. § 2165. principal teacher of deaf, dumb, and blind asy- lum, § 2267. pilots. §2429. supervisors, § 4023. county officers, § 4101. district and township officers, § 4102. city officers, § 4370. police liulse, § 4424. QUARANTINE grounds of San Francisco, § 3004. vessels subject to, reported, § 3013. vessels not to land passengers, etc.. §§ 3014, 3019. duty of pilots. § .3015. failure to comply witli regulations, § 3016. what vessels subject to, § 3017. examination and inspection of vessels, § 3018. fees of health officer, § 3020. regulations for ports of entry, •§ 3059. QUORU]\r. of board of resents, § 1430. of common council, § 4406. RAFTS on Sacramento and San Joaquin rivers, § 2370. streams navigated bv. how bridged, § 2877. Index. 1187 RAILROADS, act in relation to granting subsi- dies presei'ved, § 19. liigliways crossing, § 2694. assessment of, §§ 3664-3071. street-cars, liours of labor on, §§ 3246, 3250. RATE of taxation for state purposes, §§ 3696, 3713. taxation for county iiurposes, § 3714. taxation on movable personal property, how determined, §§3823-3825. REAL ESTATE, term defined. §§ 17, 3617. RECEIPTS, person paying tax entitled to, § 3750. blank poll-tax, county ti'easurer to prepare, §§ 3841-3843. auditor to sign, § 3844. person paying poll-tax entitled to, § 3851. evidence of what, § 3852. unused poll-tax returned, §§3854-3856. for moneys paid into county ti'easnry, § 4147. RECLAMATION DISTRICTS. See Land, Public, subtit. Swamp and Overflowed. acts relating to. See General Laws, tit. Drain- age; Reclamation. RECORDER, conveyances for right of way filed with, § 2712. franchise of whai'f, chute, and pier filed with, § 2920. records of births, deaths, and interments, § 3023. reports of births, marriages, and deaths, §§ 3077, 3078. duty of, in such case, §§ 3079, 3080. fees for keeping such records, § 3081. to record marks and brands, § 3108. duties concerning recorded brands, § 3169. to record petition for formation of reclamation districts, § .3450. to record by-laws of reclamation districts, § 3453. number reclamation districts, § 3483. report to register sales of certificate of pur- chase, § 3516. fees for making report. § 3517. 11.88 Index. RECOrtDER- Continued. attend sittings of county boards of equaliza- tion, §3678. collector of taxes to make affidavit and file copy of publication of delinquent taxes, § 3769. duty, when property sold for taxes redeemed, § 3784. county clerk, when ex officio, §§ 4105, 4106. when ex officio auditor. § 4106. office at county seat. § 4116. to reside at county seat, § 4119. bonds. § 4122. to prociu-e record-books. § 4234. to record what, § 4235. to keep indexes. § 42.36. records of certificates of sale, § 4237. to record decrees of partition, § 4238. filing copy, to impart notice, § 4239. two or more indexes in same volume, § 4240. duty on receipt of instrument to be i*ecorded, § 4241. superA'isors may authorize hiring of deputy by. when, p. 957, Stat. to indorse recorded instruments, § 4242. to make searches, § 4243. liability, for neglect, § 4244. fees prepaid, § 4245. records open to inspection. § 4246. RECORDS in governor's office. § 382. secretary of state, custody of state. § 407. secretary of state, fee for searching, § 416. of notaries public, § 794. notaries public, disposition of, § 796. notaries public, certified copies of. § 797. of insurance commissioner, § 603. board of examiners, § 656. officers, § 1014. "record of official bonds." § 951. proceedings to compel to deliver official, § 1015. open to public inspection, § 1032. of boards; of ])ilot commissioners. § 2446. port-wardens, § 2505. Index. 118» RECORDS— Continued. births, deaths, and interments in San Fi-ancis- co, § 3023. deaths at Sacramento, § 3046. maiTiages, § 3074. births, § 3075. deaths, §3076. duties of recorder in regard to, §§ 3079, 3080. of cemeteries, § 3111. brands and marlvs, § 3168. duties of recorder respecting, § 3169. ixriority of, establishing priority of right, § 3172. penalty for using unrecorded marks and brands, § 3183. of trademarks, § 3198. secretary of fire department, § 3341. register of state land-oifice to keep, § 3395. surveyor-general to keep, § 3405. of petition, to form reclamation districts, § 3450. by-laws of reclamation districts, § 3453. sales of certificate of purchase, § 3516. patents, § 3522. state board of equalization to keep, § 3692. of supervisors, §§4030, 4031. of supervisors, public, § 4035. books for, by recorder, § 4234. what to be recorded, § 4235. indexes to, § 4236. of certificates of sale. § 4237. decrees of partition. § 42.38. open for inspection, § 4246. recorder to make searches. § 4243. REDEMPTION of property sold for taxes, § 3780. how effected, § 3781. of county warrants, § 4149. REOENTS OF TiNIVERSITY. See University. REGIMENTS. See Natioual Guard. REGISTER OF STATE LAND-OFFICE, deputy and number of clerks. § .343. surveyor-general ex otlicio, §§ 350, 497. Pol. Code-100. 1190 Index. REGISTER OF STATE LAND OFFICE— Coutd. deputy surveyor-general ex ofEcio deputy, §§ 350. 497. duties, § 498. salary abolished, § 499. salary of clerks, § 500. fees, § 501. bond, §502. to keep certain accounts and records. § 3395. must keep plats, and note locations, § 339(5. note on plats issuing of certificates or patents, § 3397. countj- treasurer to report to, § 3422. duty, on receipt of report, § 3423. instructions and printed forms, § 3429. not to approve survey of swamp-land until land segregated, § 3441. duty, on petition to form reclamation district, § 3451. patent for reclaimed lands, § 3477. certificates of purchase to ti-ustees of reclama- tion districts, § 3480. to number reclamation districts, § 3483. certificate of purchase, § 3514. to record sales of certificates of purchase, § 3516. duplicate of lost cetificate of purchase, § 3518. to prepare patents, § 3519. countersign patents, § 3521. recording patents. § 3521. furnish statement of delinquent purchasers, S 3546. duplicate for lost or defaced land warrants, §§ 3566-3569. REGISTER OF UNITED STATES LAND-OF- FICE, services rendered state, § 3410. REGISTRATION. See Election. REMO'S'AL of officers, S 997. of owner of personal property assessed. § 3808. of county seat, petition. §§ 3976. .3977. of county seat, election. §§ 3979-3985. of city offiicer elect, § 4373. of officers. See Officers. ludex. 1191 REPEAL affects offi'cers, bow, § 7. of certaiu statutes, § 18. of laws, at any time, § 327. not to revive former laws, § 328. of laws creating- criminal offense, § 329. act amending repealed act void. § 330. of statutes, §§ 4504, 450.^). REPORTER OP^ SUPREME COURT DECI- SIONS, salary. § 739. justices may appoint, § 767. general duties, §§ 771-773. appoin'tment of deiJutv, p. 1005, Stat. REPORTERS. PHONOGRAPHIC, of supreme court, salary, § 739. iustices may appoint, § 769. duty. §§ 769. 770. REPORTS, of ofRieers, when made, § 332. printing. § 333. number to be pinnted, § 334. in English, § ,336. governor may require special, § 380. of superintendent of state printing, S 538. of state geologist, §§ 549. 5.54. of board of examiners to legislature, §§ 663, 667. board of regents. § 1432. ' principal of nm-mal school. § 1501. school superintendents, §S 1.543, 1544. harbor commissioners. § 2.542. of road vieAvers. 8 2686. proceedings on, ? 26SS, 2689. of officers of roads and highways. § 2686. of bridge or ferry owner. § 2847. of ship-masters arriving in California, 5 2950. by state board of healtii, § 2980. quarterly, of auctioneers, § ,3.310. pennlty for failing to make. §3322. of county treasurer, to register of state land- ofRce. § 3422. duty of register on receipt of. § 3423. oif Yosemite valley and Mariposa big tree gi-ove. §3586. of state board of equalization, § 3692. county auditor, § 3869. 1192 Index. REPOKTS— Continued. county auditor failing to malve, § 3870. surveyors surveying disputed county bounda- ries, to sui'veyor-general, § 3970. county treasurer, to supervisors, § 4155. penalty for neglecting to make, § 4156. REPORTS OF SUPREME COURT, how distribut- ed, §4KI. how made, §§ 771, 772. to include "^Ahat, § 773. justices to supervise publication, § 774. niay alter proof-sheets, § 775. style, § 777. number of volumes, § 778. to be publislied by contract. § 778. advertising for proposals, § 779. contract, wliat to require, § 780. distribution of, § 781. duty of secretary of state when proposals re- ceived. § 782. REPRESENTATIVES. See Members of Con- gress. RESCUE, liability of sheriff for, § 4183. RESIDENCE, rule for determining, § 52. allegiance renounced by change of, § 56. of inspector of gas-meters, § 583. insurance commissioner, § 631. notary public, § 792. of state otficers, §§ 852, 854. challenge at election for nonresidence in state, § 1232. for nonresidence in precinct, § 1233. rules for determination of, at election, § 1239. termination of, liow computed, § 1240. rules read if requested at election, § 1241. of secretary of board of regents, § 1449. of certain military officers, § 1919. of physicians of insane asylum, § 2195. RESICJNATION of notaries public, § 796. of officers, to whom, § 995. of militarv otficers, §§ 1926, 1928. RETIRED LIST of national guard, § 1973. RETROACTIVE, codes not, § 3. J Index. 1193 RETURN, sheriffs, of process, § 4177. same, wliat evidence, § 4178. failing- to make. § 4179. RKVENUE. See Tnxes. REVIVOR, repeal does not operate as, § IS. REWARDS may be offered by governor, §§380, 1054. RIGHTS vested, not affected by code, §§ S, 18. RIFLE PRACTICE, act defining inspector's du- ties, §2008. RIGHT OF WAY acquired by establishing high- ways, § 2631. proceedings to procure, for roads, § 2681. acT'OSs railroads, ditches, canals, etc., § 2094. for toll-bridges, § 2855. foi" toll-roads, § 2787. for wharves, chutes, and piers, § 2913. ROADS AND HIGHWAYS, highways, what, §§ 2618, 2619. expiration of high-ways, § 2619. width of highways, § 2620. vacation of, § 2623. record of proceedings relating to roads and highways, § 2622. road registei-, § 2622. county deemed to acquire title to road, when, § 2623. vacation of, § 2623. laboa* performed on. compensation fo'-, § 2644. public easement acquired by establishing, § 2631. sidewalks on. § 2&32. trees on land adjoining, § 2633. trees, right of adjoining owner to plant, § 2633. road distiicts, § 2641. supervisors ex ofBcio road commissioners, § 2641. road overseers, offi'ce of abolished, § 2642. powers and duties of supervisors with respect to roads, § 2643. duties of road commissioners, § 2645. general road fund. § 2651. contracts in violntion of act, void, § 2651. 1194 ludex. ROADS AXI> HIGHWAYS— Contiuued. liabilitj' of supervisors for violating act, § 2051. road poll-tax, § 2652. * property liigliway tax, § 265.3. same, assessment and collection, § 2654. taxes to be expended in district, § 2655. employer responsible for employee's road-tax, §2671. opening, altering, and discontinuance of roads, § 2<)81. who may apply for change, § 2681. petition, what to contain, § 2682. petitioners must give bond, § 2683. viewers to be appointed, § 26S4. qualifications and duties of viewers, § 2685. report of viewers. § 2686. compensation of viewers and surveyor, § 2687. hearing of tlie report. § 2688. proceedings on approval of report, § 2689. opening of roads. § 2689. procuring right of way, §§ 2689. 2690. acceptance of award, § 2690. payment of expenses, § 2691. private roads, § 2692. record of transfer of right of way. § 269.3. railroads and ditch crossings, § 2694. removal of fences, § 2695. land to pi-otect road from streams, acquiring of. §2696. bridges under control of overseers. § 2711. maintenance of public bridges, § 2711. when county may aid in constructing, § 2712. construction and repair of bridges. § 2713. ^ lien one overseer fails to act, who may re- pair. § 2714. bridges crossing district lines. § 2714. when supervisors must repair. § 2715. failure of overseers to repair, § 2715. semi-annual meetings of supervisors. § 2716. removal of encroachments, § 2731. notice to remove, § 2732. penalty for neglect. § 2733. Index. 1195 ROADS AND HIGHWAYS— Coutiuued. if encroachment denied, action for nuisance, § 2734. if eneroachmeut not denied, Iiow removed, § 2735. gate alloAved, where, § 273G. penalty for leaving open gate and riding off road, § 273G. obstructing or injuring, § 2737. water-sitorers responsible for overflow dam- ages, § 2737. ditches across public roads, duty to bridge aad power of supervisors, § 2737. bridges over, power to declare public property, § 2737. animals, placing near highway a misdemean- or, § 2737. refuse, placing near liighway a misdemeanor, § 2737. injuring milestone or guide-post, § 2738. penalty for not removing obstructions, § 2739. removal of fallen trees, § 2740. cutting down trees, § 2740. driving over bridges, § 2741. destroying shade or ornamental trees, § 2742. collection and ajjplication of penalties, § 2743. notice to nonresidents, § 2744. law of, § 2931. driver addicted to intoxication, § 2932. notice to employei* of driver's intoxication, § 2933. horses to be fastened while standing, § 2934. penalties, hcnv and by whom recovered, § 2935. liabilty of oAvners for damage done by drivers, §§ 29.36, 2937. supervisors to encourage planting of trees, etc., O'U public, § 4080. Toll, notice and application to construct, § 2779. special meeting of supervisors. §2780. application, § 2781. action of supervisors. § 2782. commissioners, how ai)pointe(l. § 2783. laying out, § 2784. 119G Index. ROADS AND HIGHWAYS -Continued. compensation, map, and report, § 2785. branches and extensions, § 2786. acquiring- lands, § 2787. appropriation of damages for, § 2788. application, when unnecessary, § 2789. orchards and gardens. § 2790. bridging streams. § 2791. one corporation using road-bed of another, § 2792. how constructed. § 2793. may relay, with what, § 2794. mile-stones and posts, § 2795. guide-posts, § 2796. inspection certificate and completion, § 2797. erection of gates, etc., § 2798. abandonment, § 2799. county may purchase, § 2800. appraisement and award, § 2801. persons exempt from paying tolls. 5 2814. encroachments, how removed, § 2815. penalty. § 2816. action for penalty or trespass, § 2817. inspection of, § 2827. closing gates, and penalty, § 2828. defects in, to be reported, § 2829. obedience to notice and requirement, § 2830. fees of commissioner and overseei*. § 2831. use of. for toll-bridges, § 2875. ROAD POLL TAX. disposition of, § 2655. ROD defined, § 3212. RODEOS, act in relation to. preserved, § 19. RULE of law, what. §4466. statutes and constitution, § 4467. of decision, common law of England is, when, § 4468. when laws of stnte silent. § 4468. of construing codes. § 4478. as to laws of 1872. § 4479. of construing codes, one with another. § 4480. of construing conflicts in titles, §4481. conflicts in chapters. § 4482. conflicts in articles, § 4483. Index. 1 lii'i RULE— Contiuued. conflicts in sections, § 4484. of repeal of statutes, § 4504. RULES AND REGULATIONS of boards of ex- aminers, § 6.57. of national gnard, §§ 1939, 20G4. of courts-martial, § 2077. courts of inquiry, § 20S3. state boai'd of equalization to prescribe, etc., § 3692. of state board of equalization, penalty for vio- lating, § 3697. SAOKA.MENTO CITY, legal distances from, § 151 et seq. seat of government, § 145.. ofiicers to reside at, § 852. auction sales in, § 3308. board of healtli of. See Health. SACRAMENTO COUNTY, legal distances from county seat, § 151. boundaries and county seat, § 3928. school superintendent member of state board of education, § 1517. supervisors may employ swamp-land clerk, § 3484. treasurer, when to settle with controller, § 38G6. salary of county judge, § 4329. salai-y of district attorney, § 4330. SACRAMENTO RIVER, a navigable stream, § 2349. rafts on, § 2370. SALARIES. See Compensation; Fees. county government bill. See General Laws. acts preserved, § 19. of members of legislature, $ 266. ofticers of legislature, §§ 267, 268. governor, § 384. private secretary to governor, § 385. executive clerk, § 386. lieutenant-governor, § 397. secretary of state, § 417. deputy secretaiy of state. § 418. , 1198 Index. SALARIES— Continued. clerk of secretaiy of state, § 419. recordins- clerks for secretary of state, § 420. special clerks for .secretary of state, § 422. controller. § 4.38. deputy controller. § 439. book-keeper for controller, § 440. clerks for controller, § 441. treasurer, § 4.5.5. clerks for treasurer. § 456. watchmen for office of ti*easurer, § 458. attorney-ceneral. § 471. clerk of attorney-gen exal, § 472. surveyor-general, § 484. deputy surveyor- general, § 485. clerks for surveyor-general. S 486. clerks in office of register, § 500. superintendent of public instruction, S 513. deputy superintemlent of public instruction, § 514. clerk for superintendent of public instruction. § 515. superintendent of state printing. $ .5.34. state geologist. § .551. assistant geologist. § 552. insurance commissioner. § 628. deputy insurance commissioner, 629. clerk of l)oai"d of examiners. § 685. justices of supreme court, § 736. judges of superior courts. § 737. supreme coiirt reporter, § 739. officers of supreme court, § 739. clerk of siipreme coiirt. § 755. deputy clerk of supreme court, § 756. officer. When title to office contested, § 936. officers, how paid, § 1029. adjutant-general. § 2113. assistant adjutant-general. § 2114. assistant adjutant-general, out of what fund, § 211.5. superintendent of insane asylum, § 2154. a.ssistant physicians of insane asylum, § 9i'^9. treasurer of insane asylum, § 2182. Index. 1199 SALARIES— Continued. officers of insane asylum, liow paid, § 2193. officers of deaf, dumb, and blind asylum, § 2243. principal teacher of deaf, dumb, and blind asy- lum, § 2269. state librarian, § 2302. deputy .; in Eel river act, preserved, § 19. fisliwavs for, § 642. SALT AND TIDE LAND. See General Laws, tit. Lands of the State. SALT-MARSH LANDS. See Lands. SALVAGE, to whom allowed, § 2404. to be stated in writing, § 2412. disputed claims to, § 2413. costs of proceedings. § 2414. SAN BENITO COUNTY, legal distances from countv seat, § 179. SAN BERNARDINO COUNTY, legal distances from county seat, § 180. bouTidaries and count}- seat, § 3943. salary of county judge, § 4.329. salai-y of district attorney. § 4330. SAN DIEGO CITY, harbor commissioners of, §§ 2.575-2608. pilots in, p. 1058 Stat. SAN DIEGO COUNTY, legal distances from county seat, § 181. boundaries and county seat, § .3944. pilots and pilot regulations, p. 1058, Stat, salary of county judge, § 4329. salary of district attorney, § 4330. SAN FRANCISCO. CITY AND COUNTY, home of inebriate in, § 19. legal distances from, § 182. number of port-wardens, § 343. inspector of gas meters to reside at, § 583. insurance commissioner to keep office in, § 631. boundaries, § 39.50. election commissioners in, § 1075. election commissioners, secretary of, in, § 1077. secretary of election commission, powers of, § 1078. elections, lodirina-house keepers and landlords, lists by. § 1094. special elections in. p. 985 Stat, school superintendent member of state board of education, § 1517. Index. 1201 SAN FRANCISCO CITY AND COUNTY— Cont'd. compensation of deputy school superintendent, § 1.150. tax collector to enroll persons subject to mili- tary duty, § 1897. penalty for refusing, § 1898. drills of national guard, § 2024. harbor commissioners' jurisdiction, § 2522. exempt from laws coincerning wharves, etc., § 2920. quarantine grounds, § 3004. quarantine officers and duties, § 3008. advertisements and auctions, § 3307. auction sales in, § 3308. swamp-lands exempt from certain laws in re- lation to ovei'flowed lands, § 3488. taxes, where paid, § 3747. treasurer, when to settle with controller, § 3866. exempt from chapter on supervisors, § 4087. term of office of assessors, § 4109. salars^ of county judge, § 4329. salary of district attorney, § 4330. deputies and assistants of county clerk in San Francisco, p. 959 Stat. assistants of district attorney in, p. 960 Stat. water-front of and jurisdiction of harbor com- missioners, p. 1036 et seq. Stat. notary, appointment of in Presidio, p. 1050 Stat. act authorizing free market in. p. 1040 Stat. harbor commissioners. See Harbor Commis- sioners. act to increase efficiency of fire department in, p. 1029 Stat. salaries of officers of fire department of. p. 1030, Stat. treasurer, deputies of, in, p. 1066 Stat. assistants to city attorney in. p. 958 Stat. ANITARY LAWS. See Healtli. AN JOAQUIN COUNTY, legal distances from county seat, § 183. boimdarios and county seat. § 39.32. Pol. Code- 101. 1202 Index. SAN JOAQUIN— CoDtinued. superiutendeut of schools member of state board of education, § 1517. treasurer, when to settle with controller. § 38m. salai-y of county judge, § 4329. salaiy of district attorney, § 4.3.30. SAN JOAQUIN RIVER, a navigable stream, § 2349. rafts on, § 2370. SAN LUIS OBISPO COUNTY, legal distances from county seat, § 184. boundaries and county seat, § 3947. salary of county judge, § 4329. salary of district attorney, § 4330. SAN MATEO COUNTY, legal distances from county seat, § 185. boundaries and county seat, § 3951. salarj- of county judge, § 4329. salary of district attorney, § 4330. San Pedro, pilots in, p. 10.58 Stat. SANTA BARBARA COUNTY, legal distances from county seat, § 186. boundaries and county seat, § 3946. salary of county judge, § 4329. salary of distinct attorney, § 4330. SANTA CLARA COUNTY, legal distances from county seat, § 186. school superintendent, member of state board of education, § 1517. treasurer when to settle with controller 3866. boundaries and county seat, § 3952. salary of county judge, § 4329. salary of district attorney, § 4330. SANTA CRUZ COUNTY, legal distances from county seat, § 188. boundaries and county seat. § 3949. salary of county judge, § 4329. salary of district attorney, § 4330. SAUCELITO. quarantine grounds at, §3004. pest-liouse located at. § 3022. SCHOLARSHIPS free, in university, § 1395. Index. 1203 SCHOOL FUND. See Funds. SCHOOL LAND. See Lands. SCHOOLS, women eligible to educational offlce, § 841. controller to make annual estimate for ex- penses of, § 44.3. who admitted to, § 16G2. for Cliinese, § 1062. graded, § 1663. course of instruction in, §§ 1664-1667. physical exercise in, § 1668. for negro and Indian children, § 1662. * sectarian books amd teachings prohibited, § 1672. time of keeping schools open, § 1619. duration of daily sessions. § 1673. compulsory education, § 1683, n. insulting or abusing teachers, § 1867. disturbing public schools, § 1868. issuing certificate or diploma iiulawfully, § 1869. teachers acting as agents of publishers, etc., § 1870. officers may administer oaths, § 1873. books adopted to continue four years, § 1874. text-books to be continued in use, § 1874. penalties for refusing to use books ordered, § 1875. printing and binding, § 1877. school year, when commences, § 1878. Books- Duty of state printer in relation to printing and binding, § 1877. rules for adoption of. § 1874. rules for supplying of text-books, § 1874. education, county changing course of studv. § 1663. Census marshal — duty. §§ 36.34, 1635. report, § 1636. to list wliom. §S 16.37, 1G38. compensation. § 16.39. neglect or refusal of. to report, § 1640. 1204 Index. SCHOOLS— CoutiDued. Certificate.s— what, entitle holder to admission to normal school, § 1495. county superintendents may issue temporary, § 1543. fee for, § 1565. necessary to have waiTant drawn, § 1701. may issue without examination, § 1792. revocation of, § 1775. rene\\'al of, § 1775. holders of, may teach where, § 1775. county board of examination may issue, § 1771. to whom issued, § 1772. examination for, § 1773. city board of examination may grant, § 1791. rights of holders of city, § 1793. of election for school trustees, § 1602. of election to levy school tax, § 1835. unlawful issue of, § 1869. evidence of moral character, § 1871. granting without examination, § 1775. Clerks— when and how elected, § 1649. general duties. § 1650. to provide supplies and overlook property, § 1651. Collector — compensation, § 1857. Compulsory education — children to be sent to school, § 1683, n. Diplomas — of state normal school, § 1503. unlawful issue of, § 1869. applicants to give evidence of moral character, § 1871. 13istrict school — duty of superintendent as to, § 1551. names, § 1575. what forms. § 1576. joint, § 1577. joint, report by trustees. § 1583. two counties, apportioning money where dis- trict in, § 1.^S3. Index. 1205 SCHOOLS— Continued. new, when to be opened, § 1581. forming new and clianging old, § 1577. petition for change, notice of and appi'oval or disapproval, § 157S. duties of supervisors, § 1579. new, action creating, when void, § 1581. to be under control of trustees, § 1611. clerks of election, § 1649. duties of clerks, § 1650. clerk of, when to provide supplies, § 1651. Education, city and county boards — how elected, § 1616. powers and duties, § 1617. county board, § 3 768. county board, of what to" consist, § 1768. county boards of, vacancy in, § 1768. county boards, general powers, § 1771. county board, member not to prepare teacher for examination, § 1776. county board, appointment and qualification of members, § 1768. county boards, organization and quorum, § 1768. county boards, votes necessaiw to measures, § 1768. bribing member a misdemeanor, § 1879. Education, State Board of— number of members composing, § 34.3. appointment and term of oflice of members, §• 355. how constituted, § 1517. organization, § 1518. majority necessaiy to validity of acts, § 1519. meetings, § 1520. general powers and duties, § 1521. traveling expenses, § 1.522. not to change text-books, § 1874. Examination. Citj' Boards of— in each city, § 1787. how constituted. § 1788. chairman, § 1789. meetings, § 1790. 1206 : Index. SCHOOLS— Continued. general powers, § 1791. rights of holders of certificates, § 1793. compensation of members, § 1794. member not to prepare teacher for examina- tion, § 1776. granting and renewing of certificates, § 1792. Examination, County Board — how composed, § 17G8. meetings, § 1770. power to grant certificates, § 1771. certificates, to whom, § 1772. how to conduct examination, §§ 1773, 1774. may renew and revoke certificate, § 1775. Examination, State Board of— abolished, § 1741. Expenses — of superintendent of public instruction, § 516. of state lK)ard of education, § 1522. of county institutes, § 1564. for stationeiT, etc., § 1621. institutes, expenses of, §§ 1533, 1564, 1565. superintendent, county, account of expenses of institute, § 15G4. superintendent, payment of expenses of insti- tute, § 1564. superintendent, allowance for expenses at con- vention, § 1533. Fund, School- special duties of controller, § 435. conversion of, into bonds. §§ 680-682. apportionment of, §§ 18.58-1860, 1543. amount raised for, § 3713. poll-taxes collected paid into, § ,3861. purposes for which may be used, § 1861. right of school to receive, § 1859. cancelling unsold bonds, § 1889. election for issuance of bonds, § 1880. election for issuing bonds, how conducted and held, § 1881 et seq. bonds, interest on, § 1886. issuance and form of bonds, §§ 1884, 1SS5. election for issuing bonds, canvassing returns. § 1884. ludex. 1207 SCHOOLS— Continued. fines from fires set on public land paid to school fund. See Appendix to Penal Code. fines for tearing down fence or leaving open enclosure paid to school fund. See Appen- dix to Penal Code. See Moneys, post. Grades — primary and grammar, § 1663. High, how established and maintained, § 1069. election for, § 1670. management of, § 1670. high school boards, § 1670. admission to. § 1670. pupils in, § 1670. union high schools, § 1670. county establishment, maintenance and man- agement of, § 1671. Houses — See Tax. issuing bonds to erect, § 1880. election for issuance of bonds, § 1881 et seq. issuance and form of bonds, §§ 1884, 1885, 1886. bonds, interest in, § 1886. Library district- fund, how expended, § 1712. fund, of what consists. §§ 1713, 1714. eoQtrol and location, § 1715. who use. § 1716. powers and duties of trustees as to, § 1717. library, § 1565. fund, § 1565. fund, apportionment of. § 1714. stamping books, § 1712. Meetings — of state board of education, § 1520. teachers' institutes, §§ 1560, 1.561. county board of examination, § 1770. city board of examination, § 1790. Moneys — how used. §§ 1621, 1622. derived from tax, § 1820. how apportioned. §§ 1858-1860. See Fund, ante. 120S Index. SCHOOLS— Continued. ISormal school — trustees, number, § 343. appointment and term of office, § 354. ^ object, § 1487. by whom controlled. § 1488. powers and duties of trustees, § 1489. regular meetings of tnistees, §§ 1490, 1491. ^ ...joint meetings of trustees, § 1492. v qualifications for admission, § 1494. teachers holding certificates, § 1495. pupils from other states, § 1496. pupils to file declaration, § 1497. presidents to make annual report, § 1501. permission to attend county institutes, § 1502. holders of diplomas, § 1503. amount raised for fund, § 3713. diplomas, issuance of, § 1503. superintendent of public instruction to visit school, § 1.505. diplomas, rights of holders of, § 1.503. teachers may be admitted to. § 1495. meeting of trustees, expenses of trustees, al- lowance of. § 1491. establishment of branch at San Diego, p. 1048 Stat. establishment of branch at Los Angeles, p. 1048 Stat. establishment of branch in Northern Califor- nia, p. 3047 Stat. Los Anceles, additional buildings for, p. 1048 Stat. improvements and additional buildings at San .Jose. pp. 1048. 1049 Stat. San Joso. maintenance of high school building by. p. 1050 Stat. joint meetinss of trustees, dutv of trustees at. § 1492. orders upon controller by trustees, § 1507. Pupils- stationery to be furnished. § 1620. non-resident, when admitted, § 1662. Chinese, § 1662. I ludex. 1209 SCHOOLS— Continued. course oi' instruction, §§ 10G5-1667. physical exercise for, g IGGS. Indian, § 1662. confined in scliool liow long, § 167.3. how admitted, § 16S3. must submit to regulations, § 1684. suspension and expulsion, § 168.5. defacing scliool properties, § 1686. experienced teachers for beginners, § 1687. district libraries open to, § 1716. examination, promotion and diplomas, § 1663. Superintendents, County — members of board of education, § 1517. general duties, § 1.54.3. failure to report, § 1544. maj' appoint teachers and open schools, § 1545. may direct repairs, § 1.546. requisitions drawn by, § 1.548. may appoint deputies. § 1549. compensation of deputy, § 1550. to repoi-t number of children, § 1551. duty as to boundaries of districts, § 1551. when not to teach, § 155.3. allowance for expenses, § 15.52, to hold teachers' institutes, §§ 1560, 1561. petition to change school district, § 1577. duties as to change, § 1578. to fill vacancies in boards of tnistees, § 1614. member of county board of examination, § 1768. (Chairman of county board of examination, § 1769. member of city board of examination, § 1788. to furnish statement of amount of funds re- quired. § 1817. bonds of, § 4122. duty as regards library, § 1565. Superintendents. State- when to report, § 332. number of copies of report, § 334. di.«tribution of reports, § 335. clerks, § 343. 1210 Index. SCHOOLS— Continued. a civil executive officer, § 343. election and term of office, § 348. ex officio regent of university, § 353. duties, §§ 512, 1532. salary, § 513. salary of deputy, § 514. salary of clerk, § 515. traveling expenses, §§ 516, 1522. official bond, § 517. to reside at Sacramento, § 852. vacancy in office, how filled, § 1002. to visit normal sciiool, § 1505. secretary of state board of education, § 1518. board of education meets at call of, § 1520. appeal when salary of teacher withheld, § 1G99. convention of superintendents, duty to attend, § 1.533. power to call convention of superintendents, § 1533. apportionment of school fund by, § 1858. Supervisors^ — duties on petition to change districts, § l.'T!). to levy county school tax. § 1818. failure to levy tax, § 1819. Tax- county, levy of, § 1818. when to levy, § 1811J. proceeds to whom paid, § 1820. district, elections to determine, § 1830. district, notice of election to levy, §§ 1831, 1832. judges of election, § 1833. ballots, § 1834. retui'ns of election, § 1835. certificates of election. § 1836. duties of assessor. § 1837. maximum rate. § 1839. no compensation for collecting. § 1857. levy of state. § 3719. superintendent to estimate sum required. § 1817. Index. 121i SCHOOLS— Continued. Teachers — See Certificates, supra, fee for certificate or renewal, § 1.565. examination of applicants, § 1770. normal school for education of, § 14S7. holders of diplomas of normal school, § 1503. to attend county institutes, § 1560. pay of attending institutes, § 156.3. institute, expenses' of, § 1564. experienced, for beginners, § 1687. general duties, § 1696. school month as to salary of, § 1697. appeal from order removing, § 1698. appeal in case salary withheld, § 1699. warrants in favor of, when not to be drawn, §§ 170(1, 1701. duties of, as to instructions, § 1702. qualifications as county examiners, § 1768. county certificates to what, § 1772. examination for, in counties, §§ 1772, 1773. indorsement on, § 1774. paid out of what fund', § 1861. insulting and abusing, § 1867. issuing irregular certificates a misdemeanor, § 1869. not to act as agent of publishers, etc., § 1870. appeal of removed teacher, conclusiveness of judgment, § 1698. leave before expiration of time, punishment for, § 1699. reports by teachers in joint districts, § 1583. Teachers' Institutes — principal of normal school to attend, § 1502. hold annually, §§ 1560, 1561. length of sessions, § 1562. pay of teachers attending, § 1563. expenses, how paid, §§ 1564, 1565. holding of, § 1561. separate, § 1560. duty of teacher to attend, § 1560. Text-books — See Books. 1212 Index. SCHOOLS— Continued. Trustees, School- elections, § 1593. elections, notices for, § 1595. to appoint judges and inspectors, § 1596. opening and closing polls, § 1597. who maj vote, § 1598. voting by ballot, § 1599. manner of voting, § 1599. challenges, § 1600. poll lists, § 1601. certificates of election, § 1602. districts to be under control of, § 1611. term of office. § 1613. where joint districts formed, § 1615. binding member a misdemeanor, § 1879. resignation of, § 1614. vacancies, how caused, § 1614. vacancy, filling of, § 1593. time of keeping schools open, § 1619. of old, hold over in new, § 1615. general powers, § 1617. to maintain schools for equal length of time, § 1619. to furnish stationery, etc., § 1620. how to use school moneys, §§ 1621, 1622. liabilities. §§ 1623, 1624. to elect clerli, § 1649. power and responsibilities of as to libraries. § 1717. may call election to levy tax, § 1830. to appoint judges, § 1833. not to be interested in certain contracts, § 1876. calling election about bonds to build school- house, § 1880. Warrant. See Teachers, supra. SCRIP, officers prevented from dealing in, § 933. SEAL, defined, § 14. great, custody, § 407. great, affixed to Avhat, § 408. great, fees for affixing. § 416. of inspector of gas-meters, § 578. notary public, § 794. Index. 1213 SEAL— Contiuuecl. commissioner of Oeeds, § 811. executive officers, § 1026. great, § 1027. of fire department, § 3340. SEALER OF WEIGHTS AND MEASURES. State- secretary of state ex officio, § 351. duties, § 561. must marii standards, § 565. County — county clerks ex officio, § 562. duties, § 563. standards, § 564. .i standards to be marl^ed, -§ 565. standards to be compared, etc., § 566. fees, § 507. SECKETAEIES of fii'e department. See Firemen, of liarbor commissioners. See Harbor Commis- sioners, of liealtl. boards. See Healtli. of regents. See University, of senate. See Legislature, of supreme court. See Courts. SECRETAKY OF STATF:, 1)oo1vS delivered to, at close of legislature, § 201. duties where election to legislature contested, §§ 281, 282. to autlienticate as laws, bills remaining ten days with governor, § 313. repoi-t. § .3.32. nuvidier of repoii: printed, § 334. reports of state officers delivered to, § 335. civil executive offiifer, § 343. election and term of office, § .348. ex officio state sealer of weights and measures. § 3.51. ex officio member of state board of examiners, § 304. ex officio state capitol commissioner, § 306. ex officio member of state prison directors. § 367. custody of certnin records, § 407. Pol. Code— 102. 1214 ludex. SECRETARY OF STATE— Continued. duties, § 408. to distribute statutes aud journals, § 409. to distribute reports of supreme court, §§ 410. 781. mark books distributed, § 411. have charge of capitol, § 412. furnish fuel and stationery, § 413. exijenses for fuel, etc., how paid, § 414. fees, § 41i>. salary, § 417. salary of deputy, § 418. salary of clerk, § 420. salaries of recording clerks, § 420. salary of general clei-k, § 421. salaries of special clerks, § 422. official bond, § 423. duty as state sealer of -weights and measures, §§ 561, 565. when chairman of board of examiners, § 654. duty of, as to supreme court reports, §§ 781, 782. must be notified of qualification of notary pub- lic, § 800. qualification of commissioners of deeds filed with. § S14. to transmit to commissioners of deeds copies of certain laws. § 817. reside at Sacramento, § 852. oath of office of offi'cers filed in office of, § 909. official bonds filed with. § 948. bond where filed, § 949. resignation, to wliom made, § 995. certain resignations made to, § 9i>5. vacancy in office, how filled. § 1001. paper for election tickets, § 1188. must supply paper on application. § 1196. duty as to state election returns, § 1290. returns of presidential electors, § 1313. returns of representatives, § 1346. record of ti-ade-marks, § 3198. seizure for taxes. See Taxes. senate. See Legislature. senators, state. See Legislature. Index. 1215 SECRETAKY OF SUPREME COURT, salary of, § 739. SENATORS, UNITED STATES, election, when for full term, § 1332. election to fill vacancies, § 1333. SERGEANT-AT-ARMS of senate and assembly, § 237. of senate and assembly, duties, § 259. assistant, duties, § 260. compensation, § 268. to serve notice when election contested, § 290. may arrest witness, § 303. how elected, § 247. SERVICE of persons may be required by state. § 37. notice of contested election, § 276. process on foreign corporations. § 616. process by sheriff, §§ 4176. 4187. process by eoi-oner, § 4191. process by elisor, § 4192. process by constable, § 4314. SETTLEMENT, final, of tax collector with audi- tor, § 3799. assessor with auditor, for taxes on movable personal property, § 3826. assessor with auditor, for poll-taxes, §§ 3853, 3854. county treasurers with conti'oller, §§ 3865, 3866. penalty for treasurers neglecting to make, § 3867. county auditors A\ith controller, §§ 3868. 8869. faihu-e of county auditor to make, § 3870. controller to deduct fees. § 3871. county offi'cers with auditor, § 3SS9. county treasurer with auditor. § 4154. SETTLERS on swamp lands prefei-red purchasers, § 3442. on state lands protected, § .3443. SHASTA COUNTY, legal distances from county seat. § 189. boundaries and county seat, § ,3911, salary of county .iudge, § 4.329. salary of district attorney, § 4330. 1216 Index. SHEIvIFF, powers and duties as to intrusion on public land, § 42. to sei-ve notice of contest of election, 276. serve process of courts-martial, § 2084. deliver persons to insane asylum, § 2218. fees of such, § 2221. duty in regard to wreclis and -oi-ecked prop- erty, § 2403. salvage on wrecked property, § 2404. possession of wrecked property, § 2406. floating lumber, Avhen turned over to, § 2.391. notice of wrecked property, § 2417. ex otti'cio auctioueei-, § 3291. supervisors maj' require services of. § 4047. when ex ofiicio tax collector, §§ 410.5, 4106. office at county seat, § 4116. reside at county seat, § 4119. prohibited from practicing law, § 4121. bonds, § 4122. duties, § 4176. service and execution of process, § 4177. return evidence, § 4178. penalty for non-return of process, f 4179. refusing to levy, § 4180. damages for refusing to pay over money, § 4181. liability for permitting escape, § 4182. liable for rescue. § 4183. no action for escape or rescue after recapture, § 4184. Avhen take effect. § .323. direction to. must be in writing, § 4185. when ofiice vacant. § 4186. as crier, § 4189. service on. how made, § 4190. process, how served where party, §§ 4191. 4192. other duties. § 4193. coroner, when to discharge duties of, § 4290. compensation for conveying prisoners and in- sane, p. 1060. Stat. to be furnished with badges, p. 1060. Stat SHIPWRECK. See Wrecks and Wrecked Prop erty. Index. 1217 SIDEWALKS on highway, subject to what re- strietons, § 2632. trespass on, penalty, § 2632. SIERRA COUNTY, legal distances from county seat, § 190. boundaries and county seat, § 3921. ti-easurer, wheB to settle with controller, § 3S66. salary of county judge, § 4329. salary of district attorney, § 4330. SIGNATURE defined, § 17. of ex officio offlieers, § 1031. SINGULAR NUMBER includes plural. § 17. SINKING FUND, amount raised for. § 3713. SISKIYOU COUNTY^ act concerning marks and brands, preserved, § 19. act preventing destruction of fish, preserved, § 19. legal distances from county seat, § 191. boundaries and county seat, § 3913. salary of county judge, § 4329. SOLANO COUNTY, legal distances from county seat, § 192. boundaries and county seat, § 3956. treasiirer, when to settle with controller, § 3866. salary of county judge, § 4.329. salary of district attorney, § 4330. SONOMA COUNTY, legal distances from county seat, § 193. boundaries and county seat, § 3955. school superintendent member of state board of education. § 1517. salary of county judge, § 4329. salan- of district attornev. § 4330. SOVEREIGNTY, in wliom resides. § 20. SPEAKER OF ASSEMBLY, how elected, § 247. compensation. § 267. pro tern., how elected, § 247. pro tern., compensation. § 267. may issue subpoena, § .300. legislative bills indorsed by, § 311. may administer oaths. § 252. ex officio i egent of university, § 3.53. 1218 ludex. STANISLAUS COUNTY, legal distances froui county seat, § 194. boundaries and county seat, § 3933. salary of county judge, § 4329. salary of district attorney, § 4330. STATE defined, § IT. acts funding debt of, preserved, § 19. jurisdiction, § 33. rights over persons, § 37. lands, how purchased by United States, § 34. rights over property, § 40. property escheats to, when. § 41. intruders upon public lands, § 42. may acquire property by taxation. § 43. private property for public use, § 44. persons composing. §§ 50, 51. who subject to jurisdiction, § 54. allegiance, § 55. allegiance, how renounced, § 56. rights of citizens of another, § 60. divided into counties. § 75. divided into senatorial districts, § 78. congressional districts, § 117. seat of government, § 145. property of, exempt from taxation, § 3607. sale of furniture and materials belonging to the state, p. 958, Stat. public debt. See Public Debt. acts authorizing dismissal and settlement of certain actions bv state, p. 957. STATE AGRICULTURAL SOCIETY. See Agi'i- culture. STATE AN ATA' ST. appointment, powers and du- ties, p. 1062, Stat. STATE BOARD OF EDUCATION. See Schools. STATE BOARD OP"* EQUALIZATION. See Taxes. STATE BOARD OF HEALTH. See Health. STATE BOARD OF HARBOR COMMISSION- ERS. See Harbor Commissioners. STATE BONDS. See Bonds. STATE BURYINC-GROUND. See BuiTiug- ground. Index. 1219 STATE OAPITOL. See Capitol of State. STATE OAPITOL COMMISSIONERS. See Capi- tol Commissioners. STATE CONTROLLER. See Controller of State. STATE GEOLOGIST. See Geologist of State. STATE LAND. See General Laws, title "Lands of the State." STATE LIBRARY. See LibraiT- STATE NORMAL SCHOOL. See Scliools. STATE PRINTING. See Printing of State. STATE PRISON. See Prison of State. STATE SEALER OF WEIGHTS AND MEAS- URES. See Sealer of Weights and Measures. STATP] TREASURER. See Treasurer of State. STATE]MENT on contest of election to legislature, § 274. by insurance companies to insurance commis- sioner, §§ 610-613. duty of commissioner when such, not made, § 617. by insurance companies, on what based, § 627. to assessor, § 3629. supervisors to furnish blank for assessor, § 3630. assessor to fill out such, how, § 3631. assessor may examine witness, § 3632. penalty for refusal to give, to assessor, § 3633. of taxable property in other county, § 3637. to clerlv of board of supervisors, § 3654. assessor to transmit to state board of equali- zation, § 3655. penalty for failure to malie, § 3656. clei'k of state board of equalization to furnish to assessors, § 3695. auditor to transmit to controller, of taxes charged to collector, § 3734. tax collector to file, with auditor, § 3753. penalty for neglecting, § 3754. of delinquent taxes forwarded to eonti-oller, § 3763. of moneys paid to county treasurer bv conti-ol- ler, § 3873. fee-s allowed county officers for making. § 3893. 1220 Index. STATEMENT— Continued, of result of election to remove county seat, § 3983. annual, of supeiTisors, § 4083. of moneys in county ti-easury, §§ 4221, 4222. joint by auditor and treasurer to supervisors, § 4223. STATE UNIVERSITY. See University of Cali- fornia. STATIONERY for state officers, § 413. how paid, § 414. STATISTICS, assessor to furnish surveyor-general with, § 4081. STATUTES in derogation of common law, how construed, § 4. effect of code on, § 5. repeal of certain, § 18. certain, preserved, § 18. enactment, § 309. efCect of amendment to, § 325. general rules for construing, § 326. repealed at* any time, § 327. repealed, not revived, § 328. creating criminal offense, effect of repeal, § 329. amending section of repealed, void, § 330. secretary of state to furnish copies to state printer. § 408. distribution, § 409. number of volumes printed, § 528. how printed. § 529. how bound, § 530. repeal of, §§ 4504. 4505. STEAMERS meeting, § 2360. landing and receiving passengers, §§ 2361, 2362. engine to be stopped, § 2363. overtaking, § 2365. signals at. night, § 2366. violating rules for navigating, § 2367. racing, § 2373. spark-catchers, § 2374. inspectors to supervise spark catchers, § 2375. ludex. 1221 STEAMERS- Continued. compensation of inspectors, § 2376. neglect of duty, penalty, § 2377. owner liable lor engineers' penalties, § 2378. pilots attached to, § 2478. STOCK NOTES of mutual insurance companies, § 614. how computed, § 614. STREAMS. See Navigable Streams. widening. § 4085. STREET RAILWAYS, hours of labor on, §§ 324G, 3250. STREETS are highways, § 2618. common council may take property for, § 4372. how improved, § 4409. gas pipes laid in, §§ 4410; 4411. as roads. See Roads and Highways. placing animals or refuse near sti-eet, § 2737. STUDENTS. See University. SUBPOENA issued by justices of the peace, when, §277. issued by what officer of the legislature, § 300. requirements. § 300. service, § 301. refusing to obey, §§ 302, 303. issued by insurance commissioner, § 599. issued by courts-martial, ho'w served, § 2084. assessor may issue, § 3032. county boards of equalization, § .3676. state board of equalization, § 3692. person served must obey, § 3697. supervisors may issue, § 4067. SUBSIDY to railroads, § 19. SUBSTITUTES on draft in time of war, §§ 2056- 2058. road work by, § 2.582. SUNDAY a liolidav, 8§ 10. 11. SUPERINTENDENT of insane asylum. See In- sane Asylum. of public instruction. See Schools. of public schools. Ree Schools, of state printing. See Printing of Stiite. 1222 Index. SUPERVISORS, act empowering to aid in con- struction of railroads, § 19. not to be sureties on cei-tain official bonds, § 955. to publisli governor's election proclamation. § 1055. issue pi'oclamation of special election. § 1056. laave election blanks prepared, § 1073. establisli election precincts, § 1127. mav alter boundaries of election precincts, § li29. limitation of powers. § 1130. may designate place of election, § 1131. canvass election returns. § 1278. enter statement of record, § 1282. declare result of election, § 1283. duties on petition to change school districts. § 1579. to levy county school tax. § 1818. failure to levy such tax, § 1819. special school tax, § 1837. clerk to send assessor's eni'ollment of militia to whom, § 1900. eo]npensation of assessors for enrolling militia, § 1901. duties of clerk in road matters. § 2622. ex offi'cio road commissioners. § 2641. general supervision over roads, § 2643. See, further. Roads and Highway*, meeting on ai>plication to construct toll-roads, §§ 2779, 2780, 2781. action thereupon, § 2782. to appoint commissioners to locate toll-road. § 2783. mav grant higliwavs for purposes of toll-i'oad, §>787. application to construct toll-bridge. §§ 2843, 2870. must not .si'aut application until. § 2844. authoritv to construct toll-bridge. § 2845. license tax and rate of tolls, §§ 2846. 2849. bond of owner of toll-bridge or feiTy, § 2850. proceedings Avhere supervisor interested, § 2852. Index. 1223 SUPERVISOKS— Continued. to prefer owner of land to build bridge or fer- ry. § 2S54. revenue derived from toll-bridge license tax, § 2857. hearing of application for toll-bridge, § 2871. action thereupon, § 2872. may require what, § 2873. grant use of highways to toll-bridges, § 2874. regulate weight and number of animals to be on bridge at one time, § 2876. application to erect toll-ferries, § 2892. duty thereupon, § 2893. powers in relation thereto, § 2894. construction of wharves, chutes, and piers, § 290G. application -to construct such, § 2907-2909. action thereupon, § 2910. to lix rate of tolls, wharfage, etc., § 2916. to regulate wharf, etc., license tax, § 2917. of San Francisco, provide offices for health de- partment, § 8011. of San Francisco, to abate nuisance, § 3028. of various counties?, quarantine, and health regulations, §§ 30.59, 3060. may appoint health-offiicer, § 3062. fee for registering births, when, § 3081. of San Francisco, to surrender dead bodies for dissection, § 3094. may lay out cemeteries, § 3107. jurisdiction over cemeteries, § 3110. fix ajnount of toll licenses, § 3378. petition for formation of reclamation distincts, § 3446. proceedings, § 3449. tiiistees of reclamation distinct to report to, § 34.55. to a])prove wan-ants drawn for reclamation inu'posos. § .3456. appoint commissioners to assess for reclama- tion purposes, §§ 3456, 34.59. appoint commissioners to examine works, § 3476. 1224 ludex. iSUPEBYISORS— Continued. duties, wliere owners in old districts desire new districts, §§ 3481, 3482. no. compensation for services concerning swamp lands, § 3484. to furnish certain blanlis to assessor, § 3630. forbidden to reduce certain assessment, §§ 3633, 3648. to provide maps, etc., for use of assessor, § 36.58. equalize assessments, § 3672. correct assessments, § 3673. wlieu not to make reduction, § 3674. examination for purposes of equalization, § 367o. may subpoena witnesses and take evidence, § 3676. assessor to attend meetings to equalize taxes, § 3677. county recorder to attend meetings to equalize taxes, § 3678. to use information and direct entry of mort- gages, § 3679. new assessment, § 3681. clerk to record proceedings of board of equali- zation, § 3682. to be notified of rate of tax to be levied, § 3696. failing to accommodate assessoi', duty of state board of equalization, § 3704. to fix rate of levy of county taxes, § 3714. auditor, duty to furnish statement to, § 3737. allow compensation to assessor and auditor, when, § 3893. allow deputies to assessor, § 3894. fix compensation of deputies, § 389.5. provide certain maps for assessor, § 3658. approve surveys of disputed county boundar- ies. § 3969. audit claims for surveying disputed boundary, § 3974. reports of surveyor's proceedings, § 3970. order election for removal of county seat, when, § .3977. ludex. 122o SUPEKVISORS— Continued. give notice of result of election to remove county seat, §§ 3981, 3982. transmit copy to secretary of state, § 3983. to exercise powers of counties, § 4001. number of members, § 4022. Qualitications, § 4023. when to redistrict county into districts, § 4025. vacancy in offi'ce, § 4026. chairman. § 4028. clerk, § 4029. duties of clerk, § 4030. books to be kept by, § 4031. regular meetings, §§ 4032, 4083. special meetings, how called, § 40.34. meetings and records public, § 4035. permanent powers, §§ 4045, 4046. to require services of sheriff, § 4047. to punish for contempt, § 4047. contracts by, § 4047. to provide appliances for elections, § 4004. certificates issued as board of canvassers. ? 40G5. appointments on petition, § 4066. power to require attendance of witnesses, § 4067. examination of witnesses, § 4068. officers and witnesses not prepaid, § 4069. when not to allow claims or contract debts, § 4070. who may oppose claims before, § 4071. account, how made and prosecuted, § 4072. account filed prior to session, § 4073. what claims to reject or partially pay, § 4074. claimant may sue when, and when recover costs. § 407.1. what wan-ants must specify, § 4076. not to be interested in certain transactions, § 4077. transfer of application, when, § 4078. notices, how given, § 4079. to re(iuirc assessor to report statistics. 8 4081. claims in favor of. § 4082. Pol. Code— 103. 1226 Index. SUPERVISORS— Continued. to receive and apply donations, etc., of land, § 40S4. to improve sti-eams not navigable, § 4085. "vvliat recovered on bond, § 4086. San Francisco county exempt from chapter on, § 4087. may consolidate county oflBces, § 4106. to fill vacancies, § 4115. bonds, § 4122. county treasurer to report to, when, § 4156. may suspend treasurer, § 4162. to provide badges for sheriff, p. 1060. district attorney legal adviser of, § 4257. may authorize recorders and auditors to hire deputy, when, p. 957, Stat, act authorizing transfer of funds, p. 1065. to appoint public administrator, when, p. 1059, Stat, solicitation of or pledge by candidate, p. 1051, Stat. See Common Council. SUPPLIES, preference in, in purchase of, §§ 3247, 3249. SUPREME COURT. See Courts. bailiffs of, salaries of, § 739. SUPREME COURT CLERK. See Clerk. SUPREME COURT JUDGES. See .Judges. SUPREME COURT REPORTER. See Reporter of Supreme Court Decisions. SUPREME COURT REPORTS, reporter of decis- ions to prepare, §§ 771. 772. what to contain. § 773. justices to supervise publication, § 774. proof-sheets, § 775. style. § 777. number of volumes, § 780. disposition, §. 781. SURETY of insurance companies, examination. §§ G21. 622. of foreign insurance companies, §§ 623. 624. of insurance companies, § 626. justification of, on ofR'cial bond, § 955. Index. 1227 SURETY— Continued. on official bond, insufficiency, § 964. on official bond, liabilities, §§ 965-967, 977. contribution, 969. discbarge. § 970. release, §§-972-974. on offi'cial bond, supplemental, §§ 976-979. effect of discharg-e, § 980. on assessor's bond, liabilitj% § 3660. of tax collector, action against, § 3755. SURVEY of vessel by port- wardens, §§ 2503-2506. fees, § 2510. for change of road, § 2684. fees for such, § 2687. records liept by register, -§ 3395. approval of, to be noted on plats, § 3396. contest as to approval of, §§ 3414-3417. of sv\-amp and overflowed lands, not approved till land segregated, § 3441. by county surveyor, §§ 4268-4275. assessor may require certain, § 3634. to settle disputed county boundaries, §§ 3969- 3972. of county boundaries heretofore made valid, § 3973. cost of making such, § 3974. SURA^EYOR, COUNTY", to survey swamp lands, § 3445. assessor may require, to make certain survey, §3634. what, to survey disputed county boundaries, § 3969. duty Avhere supervisors fail to approve report, § 3970. to make surveys on application. § 4268. surveys of lands in two counties, §§ 4269, 4270. surveys by true meridian, § 4271. may employ assistance and collect therefor, § 4272. to transmit field-notes, etc., to surveyor-gen- eral. § 4273. to assist surveyor-general, § 4274. surveys, liow made, whore interested. § 4275. bonds, § 4122. 1228 Index. SURVEYOH-GENERAL, when to report to gov- eruor, § 332. nnniber of report printed, § 834. a civil executive officer, § 343. deputy, and elerlvs in office, § 343. mode of election and term of office, § 348. ex offi'cio register of state land-office, §§ 350, 497. general duties, § 483. salai-j, § 484. salary of deputy, § 485. salai-y of clerks, § 486. official bojid, § 487. salary as registei", abolished, § 499. salary of clerks in register's office, § 500. to reside at Sacramento, § 852. vacancy in office, how tilled, § 1001. in general state locating agent, § 3398. to keep certain records, § 3405. duty on application for purchase of lands, §§ 340t;, .3407. to obtain statement as to school sections, § 3409. to repr.esent state in contests between it and United States. § .3411. duty as to compensation of United States I'eg- isters and receivers, § 3410. to fix place for taking testimony. § 3412. may require attorney general to attend con- test, § .3413. traveling expenses, 3413. contest as to approval of survevs. §§ 3414, 3415. instructions and printed forms, § 3429. when not to approve survev of swamp lands, § 3441. applications for school land returned, how long before approval. § ,3498. fees in certain cases, § 3574. to transmit lists to assessor. § 3659. county surveyor to assist, § 4274. county sui-veyor to furnish field uotes, § 4273. duty where boundaries between c-ounties dis- puted, § 3971. Index. 1229 SURVEYOR-GENERAL— Continued. a&sess'or to furnish, witli certain statistics, § 40S1. appropriation to pay indebtedness, p. 10G6, Stat. SUTTER COUNTY, legal distances from county seat, § 195. boundaries and county seat, § 3926. salary of county judge, § 4329. salary of district attorney, § 4330. SWAMP AND OVERFLOWED LANDS. See Lands, Public. TAX COLIiECTOR compensation, § 1857. of San Francisco, to enroll person subject to military duty, § 1897. penalty for neglecting, § 1898. auditor to deliver license to, § 3357. licenses to be procured from, § 3359. to commence suit for delinquent licenses, § 3360. duties, in relation to licenses, § 3361. to settle with auditor, when, § 3363. to collect fees for licenses, § 3364. duplicate assessment-book delivered to, § 37.32. auditor to charge, with full amount of taxes, § 3734. duty of auditor where duplicate assessment- book transferred, etc., § 3736. to publish notice specifying what, § 3746. mark date of payment of tax, § 3750. give receipt to person paying tax, § 3751. settle with auditor, § 37.53. penalty for failing to make settlements, § 3754. action against. § 3755. to collect additional per cent on delinquent taxes. § 37.56. comi)are duplicate with original assessment- book, § 3758. deliver to auditor delinquent list, § 37.59. list to contain what. § 3760. linal settlement with auditor, § 3761. charged witli amount of delinquent taxes. § 3762. 12;}0 Index. TAX COLLECTOR- Coutinued. publish delinquent list, § 3764. publisli notice in connection witli delinquent list, § 3765. duty after publication of delinquent list, § 3769. five per cent additional on delinquent taxes, § 3770. sale for paymenit of taxes, § 3771. report of sale, § 3772. duplicate certificate of purchase at tax sale, §§ 3776, 3777. to enter description of land, § 3778. deed to state, § 3785. deed to recite what, § 3786. title conferred by deed, § 3788. collect delinquent personal property tax by seizure and sale, § 3790. fees and mileage, § 3793. compare delinquent list, § 3797. oath administered to, § 3798. final settlement with auditor, § 3799. affidavit on returned delinquent list, § 3800. not to collect double taxes, § 3805. when not offer land, etc., for sale, § 3806. persons removing from one county to another, § 3805. must separately perform duties, § 3890. sheriff, ^here ex offifio, §§ 4105, 4106. office at county seat, § 4116. reside at county seat, § 4119. bonds, § 4122. city, term of office, § 4369. furnishing auditor with list of lands sold. § 3801. TAXES. See Municipal Corporations, for local puTi^oses, § 19. state may acquire property by, § 43. for school purposes, § 443. militiamen exempt from head. § 1936. annual, for road piu-poses. § 2663. license for toll-bridges and ferries, § 2846. when to issue, § 2849. collection of delinquent. See infra. Delinquent. ludex. 1231 TAXES— Continued. revenue derived, § 2S5T. to keep wliarf, chute, and pier, § 2917. for preserving public health, § 30(J3. to pay compromised indebtedness of reclama- tion districts, § 3479. property subject to, § 3607. liow and where assessed, § 3ti2S. rate of, §3713. supervisors to regulate county rate, § 3714. action of state board, when equivalent to levy, § 3715. basis of taxation, § 3671. maps and plat boolcs, forms of, § 3658. Actions — on bond of assessor for- malfeasance or neg- lect, § 3661. judgjuent, §3662. by parties dissatisfied witli assessment, § 3669. by controller to recover delinquent taxes, § 3670. for failing to comply with rules, etc., of state board of equalization, § 3697. for violation of revenue law, place of trial of, § 3900. acts relating to revenue and taxation. See General Laws, title "Taxation." Assessment — acts dividing counties into^ districts for, § 19. of property, § 3627. assessment, supervisors to furnish blanks, § 3630. property, how and by whom made, §§ 3627, 3628. to be made, when, § 3628. of absent or unknown owner, § 3636. pi-operty in another county, § 3637. of agent, trustee, bailee, etc., § 3639. dogs, tax on. See General Laws, title ■'Dogs." of consigned goods, § 3638. corporations, whei'e, § 3641. 1232 Index. TAXES— Continued. property of deceased persons. § 3642. ferries and toll-bridges, § 3643. ferry-boats In two counties, § 3643. vessels. §§3644, 3645. boats and small craft, § 3646. things in action, § 3647. property willfuUv concealed, removed, etc.. § 3648. land, assessment of character of land to be noted, § 3640. property escaping taxation, § 3681. property, escaping assessment of previous year, § 3649. M'hen completed, § 3652. on water-ditches, toll-roads, telegraph lines, and telephone lines, § 3663. of railroads, statement and by whom made, §§ 3664. 3665. 3666. record of assessment of railroads, § 3666. record of apportionment of assessment of rail- roads. § 3(j66. See also Equalization, infra. apportionment of assessment, § 3666. equalization of. § .3672. supervisors empowered to eon-ect, § 3673. supervisors may direct new. when, § 3681. equalization by state board of equalization. § 3693. equalization, when auditor fails to malve state- ment. § 3694. fraudulent assessor to be prosecuted, § 3698. of property twice, remedy, § 3805. irregularity. § 3806. certified copy of, as evidence, § 3809. of land, abbreviations. § .3884. informalities not to vitiate. § 3885. false or incomplete, new assessment, § 3681. arbitrary supervision of bv supervisors. § 3633. arbitrary, duty of owner to make statement after and punishment for refusal, § 3633. Index. 1233 TAXES— Continued. Assessment-book — assessor to note refusal to make statement, § 3G33. assessor to prepare, § 3650. form of. § 3650. index to, § 3651. duty of assessor to furnisla to cities and towns, § 3653. maps, rolls, etc., delivery of to clerk of super- visors, § 3654. field enrollment book, what to contain, § 3640. assessor to make affidavit, § 3652. delivered to clerk of supervisors, § .3654. penalty for failing to complete, § 3656. lands need not be described twice on, § 3657. basis of taxation, § 3671. supervisors to meet to determine, § 3672. supervisors may require assessor to make further entry, § 3679. assessor to enter changes and alterations, § 36S2. auditor to make entries, §§ 3727, 3730, 3731. duty of auditor when assessment book trans- ferred, § 3736. tax collector to mark payment in, §§ 3750, 3758. delinquent list compared with, §§ 3761, 3797. original, as evidence, § 3789. auditor to note payment of poll-tax on, §§ 3827, 3828. defects in form, § 3881. abbreviations in, § 3884. Assessors. See Assessors. no compensation for assessing school moneys, § 1857. to make list of persons and property, § 3628. exact statement from persons, § 3629. supervisors to furnish blanks. § .3630. duty of recorder to furnish lists of mortgages, trusts, contracts, etc., § .3678. recorder must furnish with lists of mortgages, trusts, and coiiti'acts, etc., § 3678. 1234 Index. TAXES— Cont:nue(l. maps and plat-books to be furnished to. § 3658. furnishinsj personal property, receipts to by auditoi-. § 3738. to fill out statement, § 3631. examine witness to statement, § 3632. duty where persons refuse statement, § 36.33. may demand evidence of title. § 3634. sufficient description of property, how obtain- ed, §3634. to estimate property of unknown or absent owner. § 3635. absent or unknown owner, how assessed. § 3636. duty as to property assessable in other coun- ty, §3637. property, how listed. § 3650. form of assessment-book, § 3651. afiiilavit in assessment-book. § 3652. assessment-book, when completed. § 3652. to deliver assessment-book, books, rolls, and maps to clerk of supervisors. § 3654. to transmit to state board of equalization statement, § 3655. penalty for failing to complete assessment- book. § 36."6. supervisors to furnish maps and plat-books to, § 3658. surveyor- general and tide-land commissioners to furnish statement, § 3659. liable for certain taxes, § 3660. action on bond of, for certain taxes. § 3661. .ludgmeut against, for certain taxes. § 3662. to attend county board of equalization. § 3677. to furnish statements to state board of equal- ization. § 3655. board of equalization may require, to enter certain property on assessment-book, §§ 3679. 3681. district artorney to prosecute for fraud in as- sessment, § 3608. to collect certain taxes oh personal property, § 3820. Index, 1235 TAXES— Continued. may collect by seizure or sale, § 3S21. lio^w governed in collection, §§ 3823-3825. settlement with auditor, § 3826. compensation for collecting taxes, § 3829. to collect poll-taxes, § 3840. ]30ll-tax receipts for, § 3S41. auditor to countersign and deliver sucb, §§ 3844, 3855. seizure and sale for poll-tax, § 3846. poll-tax receipt, § 3851. return as to poll-taxes collected, §§ 3853, 3854. roll of persons subject to poll-tax, § 3857. compensation for collecting poll-taxes, § 3862. may correct assessment-book, § 3881. annual settlement with county auditor, § 3889. when elected, § 4109. incumbents to hold until election of successor, § 4109. bond. § 4122. liability for taxes not collected, § 3661. Auditors — failure to make statement to state board of equalization, § 3694. clerk of state board of equalization to trans- mit statement to, § 3695. extension of time by state board of equaliza- tion, § 3705. to enter what in assessment-book, § 3727. duplicate statement shoAving what, § 3728. to transmit statements to controller and board of equalization, § 3729. to disregard certain action of supervisors, § 070A to compute and enter taxes against property, § 3731. deliver duplicate assessment-book to collector*, and atfidavit thereto, § 3732. to charge tax collector with certain amount of taxes, § 3734. to verify all statements by affidavits, § 3735. duty where duplicate assessment-book trans- ferred from one collector to another, § 3736. 1236 ludex. TAXES— CouMnued. to make aceouut of taxes not collected, § 3831. delinquency computing and entering penalty, § 3758 failure to make report, penalty, § 3870. to enter list of property sold on assessment- book, § 3801. dutv to make changes in assessment-book, § 3730. accounts of moneys received, § 3816. furnishing assessor with personal property re- ceipts, § 3738. failure to furnish statements, penalty, § 3694. penalty for failure or neglect of, § 3737. tax collector to settle with, when, § 3753. deliA^ery of delinqiient list, § 3759. to settle with tax collector, how, §§ 3761, 3762. transmit statement to controller, § 3763. compare delinquent list, § 3797. administer oatli to tax collector, § 3798. credit collector with amount of delinquencies. § 3799. note on assessment-book personal taxes col- lected by assessor. §8 3827. 3828. sign and deliver poll-tax receipts, § 3844. assessor to settle with, for poll-tax, §§ 3853. .3854. to return unused poll-tax receipts, § 3855. credit for such, § .38.56. roll of persons subject to poll-tax, § 3858. settlement with controller, §§ 3868, 3869. controller to make entries on I'eport of, § 3873. entries in account with treasurer. § 3875. Bonds — liability on assessors. § .3660. of assessor, action on. § 3661. Collection of taxes — See Tax Collector. acts dividing counties into districts for. pre- served, § 19. tax collector charged with taxes levied, § 3734. tax collector to publish notice, § 3746. Index. 1237 TAXES— Continued. place of payment, § 3748. assessor to collect taxes on personalty, when, § 3790. personalty unsecured by realty, taxes on, when must be collected, § 3640. in what money payable, § 3888. sale of property to state, § 3773. suit by state for tax over ifSOO, § 3773. deficiency on personalty, tax collector to col- lect, §3825. assessmtnt and sale of property sold to state, § 3813. receipts for personal property taxes, § 3640. I'ailroads to pay taxes to state treasurer, § 3069. insolvent's estate, assignee must pay taxes, § 3752. paying on separate pieces separately, § 3747. treasurer, accounts of moneys received, § 3816. tax collector to make report to^ controller, § 3772. payment under protest, § 3S19. publication of notice, § 3749. tax collector to note date of payment, § 3750. receipt given, § 3751. taxes of decedents, how paid; duty of probate judge, § 3752. settlement of collector with auditor, § 3753. refusing or neglecting to settle, § 3754. action for refusal or neglect, § 3755. taxes delinquent, addition of percentage, § 3756. assessment-book, in numerical or alphabetical order. § 3760. credit tax collector on final settlement. § 3761. tax collector charged with delinquent taxes and penalty additional, § 3762. auflitor to transmit statement to controller, § 3763. publication of delinquent list. § 3764. I'ol. Code— 104 1238 iQdex. TAXES— Coutinued. notice of sale, § o76o. manuer of publication, § 3766. copy of publication filed with county recorder, § 3769. additional sum to defray costs, how collected, § 3770. certificate of sale, § 3776. entry in book of sales, description of laud sold, § 3778. redemption, § 3780. redemption, liow made, § 3781. recitals in deed evidence of what, § 3786. what recitals conclusive evidence, § 3787. deed conveys absolute title, exception, § 3788. assessment-book, delinquent lists, etc., evi- dence, §3789. manuer of sale, §§ 3791. 3792. collector's chai'ges for sale and seizure, § 3793. title vests in purchaser on payment, § 37M. excess over taxes and costs returned to owner, § 3795. unsold portion left at place of sale at risk of OAvner. § 3796. settlement of collector with auditor, §§ 3797- 3799. collector to make affitlavit, § 3800. taxes illegallj' collected refunded, § 3804. when land assessed more than once, § 3805. land irregularly assessed, not sold, § 3806. what mistakes do not affect sale of property for taxes. § 3807. collection of taxes fi*om persons removed to another county, §§ 3808, 3809. on movable personal property, when collected by assessor, § .3820. by seizure and sale. § 3821. seizui'e and sale, how conducted. § 3822. amount to be collected, how determined, § 3823. excess of taxes paid to be refunded by county treasurer, § 3824. monthlv settlement of assessor with auditor, § 3826. ludex. 1239 TAXES— Continued. auditor to note in assessment-book, amount paid, § 3827. auditor to note, excesses or deficiencies, § 3828. compensation of assessor in collecting delin- quent. § 3829. poll, §§ 3840, 3846. assessed prior to code, liow collected, § 3892. levied prior to division of coimty, how collect- ed. S 3975. Controller — publication by, § 3668. failure to fol^^'ard statement to, punishment, § 3694. entries on auditor's report after settlement with treasurer, § 3873. calculation by of amount owing by railroads, § 3667. duty of. See Controllers. Deeds— to state, § 3785. conclusive evidence of what, § 3787. sale of state lands, § 3788. conclusiveness of and title passing by, §§ 3787, 3788. Delinquent — railroad assessments, § 3668. when delinquent, § 3756. list of delinquent, § 3759. list to contain what. § 3760. to be compared with assessment-boolv, § 3761. charged to tax collector, § 3762. statement to be forwarded to controller, § 37&3. list to be published, § 3764. publication of delinquent tax list, § 3766. publication must state time of sale, § 3767. tax collector to furnish auditor with list of de- linquents, § 3759. computing and entering penalty, § 3758. penalty for, § 3756. property to be sold to state. § 3771. 1240 Index. TAXES -Continued. tax coUeetoi- to make report of sales to con- troller, § 3772. sale of property purchased bv state, §§ 3897, 3898. sale, stajnping "sold for taxes" on subsequent bills, § 3680. land purchased from state and sold for taxes, disposition of. §§ 3785, 3788. certificates, form of, recording and indexing, § 3777. certificate of sale, signing and entering in book, § 3777. public lands, sale of, cancellation of certifi- cate of sale. § 3805. lands sold to state, and not redeemed, not sold, §3814. sale of property purchased by state, disposi- tion of proceeds, § 3898. duty of tax collector to furnish list of lands sold, § 3801. notice of sale, § 3765. percentage and penalty on delinquent. § 3770. certificate, § 3776. redemption, §§3780, 37S1, 3817. deed, §§ 3785-3788. certain documents evidence, § 3789. on personal property collected by .seizure and sale, § 3790. sale, how made, §§ 3791. 3792. excess at sale, disposition. § 3795 . delinquent list to be compared. § 3797. auditor to foot up unpaid. § 3799. affidavit as to paid and unpaid. § .3800. uncanceled entered on assessment-books next year, § 3806. erroneouslv or illegally collected, refunded. § 3804. double, not collected, § 3805. misnomer not to invalidate sale. § 3807. on personal property iu certain case, how col- lected, § 3808. compensation for collecting. § 3829. Index. 1241 TAXES— Continued. amendment of delinquent list, etc., § 38S2. assessment and sale of property purchased by state, § 3813. distribution of money received on redemption, § 3816. redemption of land sold to state, § 3817. redemption of land sold to state and reassess- ed, § 3815. partial redemption, § 3818. redemption of state lands fully paid for, § 3817. redemption. whO' may make. § 3780. redemption of, entry of, § 3777. distribution of money received on redemption, § 3816. failure to redeem, deed to state, § 3785. District Attorney- may dismiss suit against delinquent purchas- ers, § 3551. compensation, in such cases, § 3553. to institute action on assessor's bond, §§ 3661, 3698. to institute action against tax collector, § 3755. to commence action, when, § 3878. consent to modify or alter assessment-boolv. § 3881. settlement with county auditor, § 8889. Equalization, County Boards Of — when to equalize assessment, § 3672. correct assessment, § 3673. no reduction unless on application of person assessed, § .3674. examination of person assessed, § 3675. witnesses and evidence, § .3676. assessor and deputy to attend, § 3677. information and entry of mortgages, § .3678. new assessments, 8 .3681. cleric to record proceedings and alterations, § 3682. to correct assessor's list of persons subject to militia duty. § 1899. 1242 ludex. TAXES— Continued. Equalization, State Board Of — time of report, § 332. number of report printed, § 334. members composing, § 343. clerk, § 343. who constitute, § 352. chairman. § 352. assessor to make statement to, § 3655. penalty for failure, § 3656. failure of auditor to furnish statement, pun- ishment, § 3694. powers and duty, generally, § 3692. levy of tax and rate of, § 3719. raising and lowering assessments, § 3693. record of assessment of railroads, § 3666. assessment of railroads, §§ 3664. 3665. apportionment of assessment of railroads, §§ 3665, 3666. record of apportionment of assessment, § 3666. powei-s and duties, § 3692. equalization, when auditor fails to forward statement, § 3694. record of railway assessment. § 3666. notice of delinquency, § 3668. changes to be transmitted to auditor, § 3695. to notify supervisors of tax to be levied, § 3696. refusing to obey rules and regulations of, § 3697. assessor to be prosecuted for making fraudu- lent assessment, § .3698. clerk and members may administer oaths, § 3699. salaries, § 3700. clerk's s;ilary, § 3701. auditor to follow directions of, § 3730. See .\uditor, supra. expenses, § 3702. duty iipon failure of supervisors to furnish as- sessors with stationery and office room. § 3704. Index. 1243 r A XES— Coutinued. may extend time, § 3705. to fix rate of taxation, § 3713. action of, Avliere equivalent to levy of taxes, § 3715. Levy— of taxes, I'ate, § 3713. for state purposes, § 3713. supervisors to regulate county rate of, § 3714. action of state board of equalization where equivalent to, § 3715. of taxes, effect, § 3716. power of counties to levy, § 4()04. tluty of state board, § 3710. levy not to exceed certain amount, § 3714. state rate of taxation, § 3696. of duty of clerk to transmit rate to con- troller. § 3667. fixing rate of county taxes, time of, § 3714. Lien — taxes operate as judgment or lien against property, §§ 3627, 3716. on personal property as lien on real property, § 3717. on real property and improvements, lien upon both, § 3718. of poll-tax, § 3800. Lists — to be furnished to assessor by surveyor-gen- eral, S 3659. delinquent, tax collector to deliver tO' auditor, § 3759. to contain what, § 3760. to be compared with wliat. § 3761. to be published, §§ 3764. 3766. compensation for making, § 3770. Mileage — to tax collector for seizing and selling pei-- sonal property, § 3793. controller to deduct, from payments made by treasurer, § 3871. rate allowed county treasurers, § 3876. 1244 Index. TAXES— Continued. Moneys — tax collector to pay, when, § 3753. assessor to pay, §§ 3826, 3853. county treasurers to pay to state treasury, when, §§ 3865, 3866, 3872. statement concerning, paid by county ti-eas- urer, § 3873. Notices- tax collector to publish, § 3746. publication, § 3749. of sale of property, §§ 3765-3767. of sales of personal property, § 3792. of amendment to delinquent list, § 3882. Payment— of taxes, time and place. § 3746-3748. date to be marlvcd by collector, § 3750. receipt given upon, § 3751. on estate of decedent, § 3752. of moneys by tax collector, to county treas- urer, § 3754. of taxes, entitles person to certificate, § 3776. of moneys by assessor to county treasurer, § 3826. into state treasury by county treasurers, §§ 3865-3872. of taxes, in what coin, § 3888. Penalty — for assessors failing to render statement, etc., to state board of equalization, § 3656. for disobedience to rules of state board of equalization, § 3697. for fraudulently assessing property below value, § 3698. for tax collectors not filing statement and pay- ing moneys, § 3754. county treasurers failing to settle, § 3867. auditor failing to report, § 3870. Personal Property — defined, § 3617. consigned, how assessed. § 3638. tax, on what lien, § 3717. delinquent tax, added to tax on real property, § 3764. Index. 1245 CAXEIS— Contiuued. sale at public auction, § 3791. sale, when. § 3792. fees of collector for sale, § 3793. title in purchaser at sale, § 3794. I'emalning unsold, § 3795. assessed in one county, effect where owner re- nioTes, § 3808. assessor to collect taxes, when, § 3820. to seize and sell, when, § 3821. seizure and sale, how conducted, § 3822. rate on such, § 3823. excess at sale, how disposed of, § 3824. deficiency, how collected, § 3825. poll-tax lien on, § 3846. * Poll-taxes — who liable, § 3839. exemptions from, § 3839. by whom collected. §^3840. time of collection, § 3840. enrollment of persons between 18 and GO, § 3G40. disposition of, § 3816. blank receipts, § 3841. style of blanks to be changed, § 3842. duty of treasurer in relation to Dlanks. S 3843. duty of auditor, § .3844. blanks delivered to assessor, § 3845. seizure and sale, § 3846. liability of debtor for creditor's, §§ 3848, 3849. rights of debtor paying. § 3850. receipt for, § 3851. receipt, evidence of what, § 3852. asses.sor to make returns, § 3854. unused receipts returned. § 3855. auditor credited with returned receipts, § 3856. roll of persons subject to, § .3857. roll to be delivered to auditor. § 3858. lien on property, § 3860. proceeds, where paid, § :>861. acts exempting firemen in certain counties from, p. 1029. compensation of assessor for services, § 3862. 1246 Index. TAXES— Continued. Property — what, subject to taxation, § 3607. assessed at full cash value, § 3627. list of, subject to taxation, § 3628. statement of, to assessor, § 3629. value, how ascertained where party refuses statement, § 3633. of absent or unlinown owner how assessed, §§ 3635, 3636. consigned, how assessed, § 3638. partnership, where assessed, § 3641. corporation, Avliere assessed, § 3641. of deceased person, to whom assessed, § 3642. in liti.sation. to whom assessed, § 3647. willfully concealed, how assessed, § 3648. escaping assessment previous year, how as- sessed, § 3649. poll-tax lien upon, § 3860. Publication — of tax collector's notice, § 3749. delinquent list. § 3764. notice with delinquent list, § 3765. how made. § 3766. to designate what. § 3767. affidavit and copy of. filed with whom, § 3769. of notice of sale of personal property, § 3792. of amendment to delinquent list, §§ 3882. 3883. Purchaser — certificate to be filed, § 3777. deed conveys what title. § 3788. of personal propertv sold for taxes. § 3794. School- amount of. to be raised, §§ 443, 3719. controller to make annual estimate of, § 443. county, levy of, § ISIS. county auditor, when to levy, § 1819. county, proceeds to whom paid, § 1820. disti-ict, election to determine, § 1830. disti-ict, notice of election, to levy. §§ 1831, 1832. judges of election, § 1833. ballots at election, what to contain, § 1834. returns of election, § 1835. ludex. 1247 TAXES— Continued. certificate of election, § 1836. duties of assessor, § 1837. maximum ra^te, § 1839. settlements with controller, §§ 3866, 3867. TEACHERS. See Schools. TEACHERS" IXSTITTTTE. See Schools. TECHNICAL WORDS, how construed. § 16. TEHAMA COUNTY, legal distances from coun- ty seat, § 196. boundaries and county seat, § 3915. salary of county judge, § 4329. salary of district attorney, § 4330. TELEGRAPH, how assessed, § 3663. TENSES, con,stiiiction of, §- 17. TEXT-BOOKS to be continued in use in schools, § 1874. THEATERS, license for, § 3380. TICKET. See Election. TIDE-LAND COMMISSIONERS, STATE BOARD OF, abolished, § 365. to ti'ansmit certain lists to assessor, § 3659. TIDE-LANDS. See Lands. TIE VOTE, proceedings on, §§ 1067, 1068. TIMBER. See Lumber. TIME, certain limitations of, how affected by code, § 9. method of computing, § 12. computation of, §§ 12, 3255. constTuction of, § 17. of opening and closing polls, § 1160. leap-year. § 32.56. year, and its parts, § 3257. week, § 3258. day, § 3259. "day-time" and "night-time," § 3260. state board of equalization mav extend, § 3705. of payment of taxes; . published in notice, s 3746. of sale to pay taxes, notice, § 3767. of sale to pay taxes, §§ 3768, 3792. when auditors settle with controller, § 3868. TIME— Coutinued. when ti"easurei*s settle with controller, §§ 3805, 3866. during which county otE'ces open, § 4110. TITIiE to property, original and ultimate, § 40. to cemetery grounds, §§ 3105, 3108. by tax collector's deed, § 3788. of purchaser of personal property seized for taxes S 3794 TOLL-BRIDGES. See Bridges. TOLL-FERRIES. See FeiTies. TOLL-ROADS. See Roads. TOLI>S, rate to be fixed by harbor commission- ers, § 2524. on roads, who exempt, § 2814. on bridges, when not collected. § 2828. rate of bridge and fei-i-y, §§ 2846, 2848, 2878. rate, to be posted. § 2856. on bridges, who exempt, § 2879. penalty for avoiding, § 2880. rate on wharves, piers, etc., § 2916. licenses to take. § 3378. TON defined. § .3215. TO^^'N LANDS, certain acts relative to. § 4442. TOAVNS. exempt from laws concerning wharves, § 2920. may adopt sanitarv regulations, § 3061. TRADE-MARKS, defined, § 3196. exclusive use of, how secured. § 3197. to be filed with secretary of state, § 3197. record. § 3198. original owners. § 3199. assignments, § 3199. injunctions, § 3199. laiior union may adopt, § 3200. infringement of trade-mark used by trade union. § .3201. TREASURER, CITY, term of ofB'ce, how fixed, 4369. bonds, § 4374. duties. § 4.392. TREASURER OF COUNTY, no compensation for keeping s43. mode of election and term of office, § 348. ex officio member of board of state capitol commissioners, § 366. general duties, § 452. limitation upon receipt and payment of mon- ey, § 453. general fund consists of what, § 454. salary. § 455. salary of clerics. § 456. may employ two watchmen, § 457. powers and duties of watchmen. 5 4.58. official bond, § 459. Index, 1251 TREASURER OP STATE— CoDtiuued. to advance money to employees of state print- ing otiice, when, § 537. may be prohibited from paying controller's AA'arrants, § (i74. inspection of books, § (578. member of board of examiner's, § 669, custodian of bonds. § 682. to reside at Sacramento, § 852. pro^hibited from dealing in certain scrip, § 923. duties in certain cases, §§ 925, 926. vacancy in office, how filled, § 1001. duties in regard to state harbor commission- ers, § 2531. act authorizing receipts as payments by coun- ty to state, p. 1067, S.tat. cancellation of receipts to be received as cash, p. 1068, Stat. transfer of funds in, p. 1068, Stat. TREES, penaltv for felling, in navigable streams, § 2350. may be planted on line of highway, § 2633. liability foa- injury to such, § 2633. destroying shade or ornamental, on highways, § 2633. TRESPASS of animals, acts concerning, preserv- ed, § 19. on public lands, S 42. action for, on toll-roads, § 2817. TRINITY COUNTY, legal distances from county scat, § 197. boundaries and county seat, § 3919. salary of county judge, § 4329. salary of district attorney, § 4330. TRUST DEEI)S, recorder to furnish list of, to board of equalization, § 3678. TRUSTEES, assessment of, § 36.39. of bui-jing-ground of state. See Buryiug- ground of State. of library of state. See Library of State. of normal school. See Schools. of reclamation districts. See Lands, of schools. See Schools. 1252 Index. TUG-BOATS, pilots for, §§ 2457-2458. pilotage, § 2467. TULARE COUNTY, act for better protectiou of stock-raisers, preserved, § 19. legal distances from county seat. § 198. boundaries and county seat, § 3940. salaiT of county judge, § 4329. salaiT of district attorney, § 4330 . TUOLUMNE COUNTY, legal distances from county seat, § 199. boundaries and county seat, § 3937. treasurer, when to settle with conti'oUer, § 3866. salaiy of county judge, § 4.329. salai-y of district attorney, § 4330. UNITED STATES, term defined, § 17. jurisdiction of state over land ceded or con- demned l>y, § 33, 34. may acquire sites for submarine light-houses, beacons, etc., § 34. i-ights of citizens, § 60. UNIVERSITY OP^ CALIFORNIA, regents of, Avlien to report, § 332. number of report printed, § 334. number of members. § 343. liow appointe4. at anchor to show lights, § 2368. to carry what l>oats, § 2371. penalty for not cai-rying boats, § 2372. liable for pilotage. § 2432. kind of, to be kept by pilots, § 243G. commissioners, not to be interested in, § 2447. Index. 1255 VESSELS— Continued. rates of pilotage, § 2406. pilots of outward-bound, § 2407. certain, exempt from pilotage, § 2468. pilot responsible for loss or detention, §§ 2481. 2487. survey of, by port-wardens. §§ 2503-2500. sale of wrecked or damaged, § 2507. notice of sale, § 2508. fees for surA^eys, § 2510. duties of masters an-iving in California. § 2949. l>ond required of owner or consignee, § 2954, et seq. fines for violating immigTation laws, § 2959. certain, exempt from -immigration laws, § 2962. ship-masters to report infected, § .^013. passengers and freight not to land from in- fected. §§ 3014, 3019. duty of pilots in relation to infectetl. § 3015. ship-masters failing to comply with sanitary regulations, § 3010. subject to quarantine, § 3017. examination and inspection, § .3018. fees of health-offiieei- for examining infected, § 3020. passengers on infected, may be vaccinated. § 3021. quarantine regulations for, § 30.59. where assessed, §§ 3044-3640. VETO by governor, §§ 311. 312. VIEWERS. ROADS. See Roads. VOTES. VOTERS, AND VOTINCJ. See Election. VOUCHERS of county treasurer, subject to in- spection. § 4104. VOYAGE. See Shipping. WARD. See Guardian and Ward. WARDS, common council to lay out, § 4404. WARDEN of state prison, lieutenant-governor is, § 367. duties of. See Prison of State. 1256 Index. WARRANTS, controller to draw, § 433. in what order drawn, § 436. examiners may prevent payment, § 674. drawn by school superintendent, § 1.548. of reclamation, districts redeemed used to pur- chase land, § .3480. "warrant-book" to be kept by supervisors, § 4031. drawn by order of supervisors, § 4076. when and how treasurer of coimty to issue, § 4144. how paid, § 4147. not paid for want of funds, § 4148. interest bearing to be paid first, § 4149. notice of redemption. § 4150. what, entitled to preference, § 4151. where not re-presented according to notice, § 4152. treasurer to note on, interest paid, § 4153. county auditor to draw, § 4215. such, to specify what, § 4216. county, to be numbered, § 4219. Land- in payment for land, §§ 3440. 3502. duplicates for lost or defacetl. §§ 3566-3569. WARDEN, fish and game, p. 1031, Stat. ^^'ATCHMEN. treasurer may employ, § 457. salary, § 457. duties, § 458. WATER, pipes for conducting, laid in sti'eets, §§ 4410-4413. WEEK, defined, § 32.58. 'WBIGHTS AND ME.\SURES, standard. § 3209. unit of extension, § 3210. division of yard, § 3211. rod, mile, and chain, § 3212. acre, § 3213. unit of weights. § 3214. divisions of pound. § 3215. unit of liquid measures, § 321(5. barrel and hogshead, § 3217. unit of solid measure, § 3218. division of half-bushel, § 3219. Index. 1257 WEIGHTS AND MEASURES— Coutiuued. division of eai3acity for commodities sold by heap measure, § 3220. heap measure, § 3221. contracts, how construed, § 3222. weights of bushels, § 3223. WHARFAGE, harbor commissioners to fix rate, § 2524. a lien, § 2524. WHARVES, CHUTES, AND PIERS, who to au- thorize construction, § 2906. application to construct, § 2907. must show what, § 2908. notice, on whom served, § "2909. supervisors to hear proot and grant authority, § 2910. oveirflowed or tide lands', § 2911. space left on each side, § 2912. condemnation of lands, § 2913. width, § 2914. francliise, what, § 2915. rate of tolls, § 2916. license and tax, § 2917. to be kept in repair, § 291S. restrictions on authority to construct, § 2919. territory exempt from provisions, § 2920. license, § 3378. duties and powers of harbor commivssionei's as to. See Harbor Commissioners. ^VII.LS defined, § 17. WILMINGTON, pilots at port of, p. 10.58, Stat. WITNESSES, state may require persons to be, § 37. examination in contested election, §§ 275, 278. required to attend on legislature, § 300. service of subpoena on, § 301. punished by legislature for contempt, § 302. arrested by order of legislature for nonattend- ance, § 303. not held to answer criminally on ills own tes- timony, § 304. refusal of, to testify, § 304. before board of examiners, § 658. 1258 Index. WITNESSES— Continued. at examination of insane. §§ 2211, 2213. assessor may examine, in relation to taxable property. § 3632. county boards of equalization may examine. §§ 3GT6. 3677. state board of equalization may subpoena. § 3692. board of supervisors may subpoena, § 4067. bound to obey subpoena. § 4068. before supervisors, not prepaid, § 4069. WOMEN. See Female. A^'OODS, setting on fire. § .3344. extinguishing fire in, § 3345. WORDS, giving joint authority, how construed. § 15. consti'uction of. § 16. WRECKS AND WRECKED PROPERTY, duties of officers and citizens, § 2408. salvage, § 2404. OAvuer may reclaim, § 24(J5. siheriff to keep iK)ssession till owner found, § 2406. perishable property, disposal of. § 2407. order for suiTender to claimant, § 2408. claimant to give bond, § 2409. action on bond, § 2410. owner may sue though claim rejected, § 2411. salvage stated in writing. S 2412. proceedings to settle salvage, § 2413. costs, § 2414. unclaimed, to be sold, § 2415. notice of sale, § 2416. notice. § 2417. expenses of notice. § 2418. county judge to certifv ownership. § 4134. WRIT defined. § 17. must be issued in name of people, § 30. WRITING defined, § 17. application for reduction of taxes to be in. § 3674. apiwintment of deputies to be in, § 4113. direction to sheriff, § 4185. Index. 1259 YARD, unit of extension, § 3210. division, § 3211. YEAR, defined, § 3257. scliool. wlien commences, § 1878. YOLO COUNTY, legal distances from connty se